reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Consultant"
means either the
				  architectural/engineering firm or other professional consultant under contract
				  to the Department or a representative of the Construction, Planning and Real
				  Estate Department used for the planning, design or construction monitoring of
				  the construction project.
"Director"
means the Director of the Office of
				  Management and Enterprise Services or his designee.
"Department"
means the Construction, Planning
				  and Real Estate Department of the Office of Management and Enterprise
				  Services.
"Intent"
means the point in time that a State
				  Agency decides to pursue a project, either by incorporation into the agency's
				  long range plan, by budget action or by action to obtain future funding.
"Pre-Design Services"
means a formal planning
				  process to establish function, scope and cost of a future project.
"Project or Improvement"
means the collective
				  act of design and construction of a new State building, facility or
				  improvement, or the renovation of an existing State building, facility or
				  improvement; or the acquisition of a building or facility for the purpose of
				  renovation and occupancy by the State, where the construction and/or renovation
				  cost is reasonably anticipated to exceed $158,000.00.
"State agency"
means
an agency, board,
				  commission, counsel, court, office, officer, bureau, institution, unit,
				  division, body, or house of the executive or judicial branches of government of
				  this state, whether elected or appointed, excluding only political
				  subdivisions
. [61 O.S., §202]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-3 - Project inception

Current through Vol. 41, No. 20, July 1, 2024
When a state agency establishes intent to pursue a Project,
				  the agency shall notify the Department in writing. The agency shall provide
				  information specified by the Department, including but not limited to: project
				  name, description, location, intended purpose, new construction or renovation,
				  anticipated cost, desired completion date and description of funding sources.
				  The notification may be used by the Department to maintain data on projected
				  State construction pursuant to 61 O.S., §204(A)(1).
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-4 - Determination of a need for pre-design services

Current through Vol. 41, No. 20, July 1, 2024
Upon review of the notice of intent submitted by the agency,
				  the Director will consult with the agency and determine the specific project
				  planning requirements. The Director shall determine a need for pre-design
				  services based on the following factors:
(1) Building type;
(2) Project complexity;
(3) Project schedule;
(4) Funding sources or funding constraints;
				and,
(5) Other factors unique to
				the project.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-5 - Pre-Design Services

Current through Vol. 41, No. 20, July 1, 2024
When the Director determines pre-design services are
				  required, the Director shall advise the agency of the anticipated cost of the
				  service, and the procurement methods available to the agency. To initiate
				  pre-design services, the agency shall submit a requisition to the Department
				  and the Department shall procure the pre-design services on behalf of the
				  agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-6 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
The requirements of sections
				  260:65-25-4
				  and
				  260:65-25-5
				  are not mandatory for state agencies employing licensed architects pursuant to
				  61 O.S., §207.2.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-7 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or requirement
				  of this Subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to provide information and
				  procedures to issue competitive solicitations and award contracts using Best
				  Value methodology. The rules implement the provisions of 61 O.S. §103(E)
				  of the Public Competitive Bidding Act of 1974, which authorizes use of Best
				  Value competitive proposals as an alternative to strictly price or
				  qualification-based competition. The rules ensure fair and consistent
				  contracting processes that satisfy the needs of the state. All vendors and
				  state agencies are responsible for knowing the requirements of this Subchapter.
				  These rules are administered by the Department to provide direction and ensure
				  compliance with the Oklahoma Public Competitive Bidding Act, and other state
				  laws and rules applicable to state construction acquisitions. These rules have
				  been promulgated in accordance with the Administrative Procedures Act and
				  pursuant to the authority of 61 O.S. §103(E) and 61 O.S.
				  §209.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Best Value"
means
an optional contract
				  award system which can evaluate and rank submitted competitive performance
				  proposals to identify the proposal with the greatest value to the
				  state."
[61 O.S. §103(E)]
"Department"
means the Construction, Planning
				  and Real Estate Department of the Office of Management and Enterprise Services,
				  State of Oklahoma.
"Director"
means the Director of the Office of
				  Management and Enterprise Services or a designee.
"Past Performance Rating"
means a numerical
				  rating on a 1-10 scale mathematically derived from customer satisfaction
				  surveys completed by past clients.
"Project"
means the scope of services for which
				  the Department requests competitive proposals from interested construction
				  services vendors by issuance of a Solicitation or Request for Proposal.
"Project Capability"
means the ability of a
				  vendor to perform the requested services based on understanding of the
				  requirement and mastery of necessary technical requirements while demonstrating
				  a lack of technical risk as evidenced by measurement or accomplishment.
"Risk Assessment"
means identification of risks
				  that the vendor does not control and the vendor's plan to minimize the
				  risk.
"Selection Committee"
means a group of state
				  representatives, designated by the Director, assembled to evaluate and rank
				  proposal submittals by vendors.
"Selection Monitor"
means the Director or
				  his/her appointed representative placed in the role of presiding over a
				  Selection Committee.
"State agency"
means an
agency, board,
				  commission, counsel, court, office, officer, bureau, institution, unit,
				  division, body, or house of the executive or judicial branches of government of
				  this state, whether elected or appointed, excluding only political
				  subdivisions.
[61 O.S., §202]
"Value-added"
means adjustment to the project
				  requirement and/or benefit offered to the owner that may be proposed by a
				  vendor, stated in terms of impact to the project in return for a deviation in
				  price, schedule or quality.
"Vendor"
means any service provider competing
				  for a contract or performing work under a contract awarded by the Department.
				  The term "Vendor" is interchangeable with Contractor, Construction Manager,
				  Consultant, Design-Builder or other service provider. Vendor is used
				  interchangeably with Bidder, Proposer and Offeror in context with the immediate
				  topic herein.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-3 - Components of Best Value vendor selection and project delivery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Goal.
The goal of using the
				Best Value contract solicitation method is, for each service delivery, to
				identify the construction vendor that is an expert, is efficient, can pre-plan
				the work and deliver the service with minimal deviation in the owner's
				expectations (cost, schedule and quality) and thereby provide the owner the
				greatest value for the lowest price.
(b)
Principles.
The intent of
				the Best Value solicitation process is to promote:
(1) efficiency;
(2) transparency;
(3) accountability;
(4) measurements;
(5) alignment;
(6) expertise;
(7) dominant information;
(8) risk minimization;
(9) reduced need for decision
				making;
(10) reduced transactions;
				and,
(11) win-win-win outcome
				(owner, vendor, customer).
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-5 - Selection committee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Members.
Whenever a solicitation is issued requiring Best Value
				methodology to determine the successful bidder, the Director or Department
				designee will appoint members to a Selection Committee. The Committee will
				consist of three to five individuals with at least one representing the
				Department. The balance may consist of state agency representatives.
(b)
Selection Monitor.
One
				Committee member, which may be the Director or his/her appointed
				representative, is designated as the Selection Monitor. The Selection Monitor
				is a non-voting member and presides over the Selection Committee. Duties of the
				Selection Monitor may include:
(1) schedule
				and preside over Committee meetings;
(2) provide instructions to Committee members
				on the Best Value methodology for evaluation and rating of bid
				submittals;
(3) tabulation of the
				evaluation scores;
(4) review the
				Committee's rating results for dominant information and/or
				inconsistencies;
(5) discuss
				evaluations with Committee members to seek clarifications, if
				necessary;
(6) prioritize the final
				rating score in matrix;
(7) assist
				the Committee in determining the highest ranked firms for further consideration
				in interviews.
(8) assist the
				Committee in determining the apparent Best Value firm; and,
(9) assisting with the Clarification Period
				activities.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-7 - Vendor selection

Current through Vol. 41, No. 20, July 1, 2024
The Best Value Selection Phase uses a series of filters to
				  identify which bidder provides the most value (lowest cost and highest
				  performance) to the State. On or before the date stated in the solicitation,
				  vendors submit documentation requested in the solicitation or bid documents
				  information that will be evaluated, rated and/or weighted, and include, but are
				  not limited to:
(1)
Past
				performance information.
On forms specified by the Administrator, the
				vendor submits performance information collected from past customers about past
				projects/services the vendor has completed. The selection committee does not
				evaluate this information and does not see the past performance scores until
				the selection process enters the Prioritization filter.
(2)
Project capability.
Using
				forms or formats specified by the Administrator, the vendor submits proof of
				their ability to perform the requirements of the proposed project/service
				specified in the solicitation, which includes but is not limited to risk
				assessment and mitigation, technical capability and documented performance
				measurements, vendor's ability to provide additional value to the State, and
				pricing as information required by the solicitation.
(3)
Interviews.
The Selection
				Monitor will schedule interviews with representatives of short-listed
				organization as designated by the Committee. The interview provides a forum for
				the vendor to discuss the project and answer questions concerning their ability
				to deliver the project/service to the State.
(4)
Prioritization.
After
				completion of (1) through (3) of this subsection by the Selection Committee,
				the Selection Monitor prioritizes bidders from the highest performing to least
				performing based upon past performance scores and the committee ratings and
				evaluation of the information provided by each vendor.
(5)
Dominance check.
The
				Selection Monitor reviews the prioritization and scoring of the bidders to
				identify the apparent Best Value vendor. The Selection Monitor evaluates all
				information to ensure that the prioritization is justifiable and there is no
				evidence warranting adjustment of the prioritization and ratings in any way. If
				the committee's ratings are not balanced, supporting past performance
				information is absent or pricing is not competitive or justified, the Selection
				Monitor may override the prioritization by providing written justification of
				the actions taken.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-9 - Clarification Period

Current through Vol. 41, No. 20, July 1, 2024
(a) The identified
				apparent Best Value vendor is invited to participate in the Clarification
				Phase. Only one firm at a time may be invited to participate. This period is
				the final 'filter' and the invited firm is still at risk (the project is the
				identified firm's to lose). The clarification period is not a contract
				negotiation activity. Once invited to the clarification period, the vendor is
				responsible for scheduling and management of the related activities. The
				objective is to:
(1) ensure the vendor
				understands the project scope; and,
(2) allow the vendor to clarify how they will
				deliver the project/service on time;
(3) identify the accountabilities of other
				parties; and
(4) explain how the
				vendor will mitigate and manage any risk the vendor does not
				control.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-11 - Risk minimization and performance

Current through Vol. 41, No. 20, July 1, 2024
(a) The Risk
				Minimization and Performance Measurement phase begins upon award of the project
				contract. Risk includes anything that impacts project cost, quality or project
				schedule caused by the vendor, the State, unforeseen conditions or other
				parties. The Phase consists of, but is not limited to:
(b)
Weekly Risk Report System
				(WRR).
The WRR is a project requirement and tool the vendor must use to
				manage and document all risks that occur throughout a project. The WRR is a
				standardized format prescribed by the Director, which may include:
(1) all key contact information;
(2) project milestone schedule;
(3) risk sheet;
(4) modification/deviation
				tracking;
(5) risk management plan
				(RMP);
(6) any risks the Department
				may require the vendor to document that could impact the customer or the
				Department's satisfaction.
(7)
				performance measurements
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-13 - State transparency and Best Value documentation

Current through Vol. 41, No. 20, July 1, 2024
(a) For successful
				outcomes, the Best Value operating environment must be transparent to all
				stakeholders. The following key components are critical to the integrity of
				Best Value methodology:
(1) A solicitation
				must clearly state submittal requirements.
(2) A solicitation must clearly define the
				solicitation/acquisition schedule, which may include a Pre-Bid Education
				meeting to review Best Value concepts, process and submittal
				requirements
(3) Following a
				contract award, the Department will provide a debriefing meeting to bidders,
				upon request. Alternatively, if scheduled by the solicitation, the Department
				will provide a debriefing review for all participants.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-15 - Post project vendor performance rating

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon completion
				of a project, the Director, in consultation with the customer agency, will
				conduct a performance review of the vendor.
(b) The final vendor project performance
				review will replace previous performance evaluations for use in future contract
				award evaluations.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-17 - Other requirements for contracts awarded using Best Value methodology

Current through Vol. 41, No. 20, July 1, 2024
Rules of this section apply to any contract awarded by the
				  Department using Best Value methodology to select the successful vendor.
(1) When otherwise prohibited by state law,
				fee proposals shall not be requested by a solicitation or considered by the
				selection committee prior to commencement of the Clarification Period (ie.
				Consultant or Construction Manager solicitations).
(2) Construction service solicitations and
				contracts shall comply with the requirements of the Public Competitive Bidding
				Act of 1974 with respect to performance bonds, payment bonds, defect bonds and
				change order limits.
(3)
				Solicitations for on-call, indefinite delivery and statewide specialty service
				contracts resulting in multiple contract awards may include the following
				provisions:
(A) Top ranked vendors may
				receive awards as set forth by the solicitation and determined by the selection
				committee.
(B) Multiple vendors may
				be invited to the clarification period to facilitate multiple awards. Multiple
				vendors must not be placed in competition with one another during this
				period.
(C) Ranking, price schedule
				and performance information for awardees will be published by the Department as
				information to potential end users.
(D) Authorized end users may utilize the
				available contracts according to procedures established by the Department for
				issuing proposal requests, making requisition and issuance of work
				orders.
(E) Following completion of
				a work order assignment, the vendor's performance will be documented and added
				to the published performance line for consideration by future
				customers.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-19 - Industry Advisory Committee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Committee.
In order to maintain a balanced approach among
				stakeholders, the Director may establish an advisory committee comprised of
				volunteers from organizational stakeholders of the state construction
				program.
(b)
Purpose.
The purpose of the Committee is to assist with procedures, review case studies,
				recommend implementation strategies, promote education and promote continual
				improvement. The Director may ask the committee to review complaints or
				concerns from stakeholders and recommend resolution thereof.
(c)
Membership.
Committee
				membership is comprised of delegates from organizations representing general
				construction contracting; specialty contracting, suppliers, consultants and
				customers.
(d)
Meetings.
The Director or designee is the Committee Chairperson
				and has responsibility for scheduling meetings.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-21 - Third party oversight

Current through Vol. 41, No. 20, July 1, 2024
The Director may arrange for program oversight by an
				  independent research organization or university. Services provided by the third
				  party may include:
(1) auditing the
				selection and project delivery processes;
(2) preparing case study
				documentation;
(3) ensure correct
				application of Best Value principles and processes; and,
(4) provide educational support on theory,
				principles, application and updates to Best Value best practices.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-23 - State Best Value methodology training

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will provide training
				opportunities for vendors, which may include:
(1) educational information at Best Value
				pre-bid meetings;
(2) additional
				educational opportunity(s) to vendors when solicitations are for services
				exceeding ten million dollars ($10,000,000.00);
(3) periodic or annual Best Value training
				for the customer and vendor community to review Best Value theory, application,
				selection process, case studies, and updates to the Department's adopted
				processes; and,
(4) additional
				training for vendor and customer groups, upon request and subject to
				availability.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-27 - Bid protests

Current through Vol. 41, No. 20, July 1, 2024
A bidder may protest a contract awarded pursuant to this
				  subchapter in accordance with OAC
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 27 - Use of Best Value Competitive Proposals to Award a Contract › Section 260:65-27-29 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or
				  requirement of this subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 1 - General Provisions › Section 260:70-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to accomplish the objectives
				contemplated for the Risk Management Program under 74 O.S. Section
				85.58a
				et seq., it will be necessary to establish an on-going relationship between
				each state agency covered by the act and the Risk Management Department of the
				Office of Management and Enterprise Services, as well as with any other covered
				entity.
(b) State agencies and
				other covered entities which do not presently maintain any Risk Management
				Program will be directed and instructed to establish a program. Existing
				programs must be standardized to the extent necessary for their consolidation
				and administration by the Risk Management Department. Reporting, investigation,
				adjustment, settlement and litigation of claims must be standardized. Effective
				means for monitoring and improving agency performance in these areas must be
				found. These requirements suggest the need for criteria, standards, guidelines,
				and reporting procedures to govern these activities. Chapter 70 of Title 260
				will provide some of the resources.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 1 - General Provisions › Section 260:70-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Administrator"
means the officer appointed by
				  the Director of the Office of Management and Enterprise Services to serve as
				  Risk Management Administrator.
"Agency Risk Management Coordinator"
means the
				  individual, officer or employee of any state agency or other covered entity
				  appointed by the state agency or other covered entity as the designated point
				  of contact for the Risk Management Administrator for all risk management
				  purposes, and shall include any employee or agent of the Risk Management
				  Coordinator and such assistants as may be necessary shall be employed or
				  appointed by such state agency or other covered entity to supervise and manage
				  the agency Risk Management Program.
"Agency Risk Management Program"
means the
				  system within any individual state agency or other covered entity for
				  coordination of risk management within such state agency or other covered
				  entity for coordination of risk management activities between the state agency
				  or other covered entity and the Risk Management Department, and for
				  elimination, reduction, and minimizing of all insured or self-insured risks
				  through a continuous effective loss-prevention and loss-control program, under
				  the direction of the Risk Management Department.
"Authorized legal Counsel"
means:
(A) The Attorney General of the State of
				Oklahoma;
(B) An attorney
				authorized to represent a state agency or other covered entity.
"Casualty incident"
or
"liability
				  incident"
means:
(A) Any
				liability occurrence or event:
(i) Taking
				place upon or within any real property owned or used by the State of Oklahoma;
				or,
(ii) Involving participation by
				any officer, employee or volunteer of any agency of the State of Oklahoma who
				may be acting within the scope of his or her employment; or,
(iii) Involving the temporary detention of a
				child in a juvenile detention facility which qualified as an other covered
				entity under the provision of 74 O.S. Section 85F; or
(iv) Involving any vehicle or other personal
				property owned by an agency or other covered entity and operated by an employee
				or volunteer of that agency or other covered entity; and,
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 1 - General Provisions › Section 260:70-1-3 - Source of authority

Current through Vol. 41, No. 20, July 1, 2024
The Risk Management Department of the Office of Management
				  and Enterprise Services receives its authority from 74 O.S. Section
				  85.58A
				  et seq.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 1 - General Provisions › Section 260:70-1-4 - Administration

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Office of Management and Enterprise
				  Services hires or contracts for the services of a Risk Management Administrator
				  who administers the comprehensive professional risk management program and
				  directs the activities and functions of the Risk Management
				  Department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 1 - General Provisions › Section 260:70-1-5 - Responsibilities and duties

Current through Vol. 41, No. 20, July 1, 2024
The Administrator is responsible for the acquisition and
				  administration of all insurance purchased by the state or administration of any
				  self-insurance plans and programs adopted for use by the state. On a
				  competitive bid basis, the Administrator has the authority to purchase
				  insurance for the state for any type of coverage which may be necessary to
				  protect the state from financial loss. The Administrator is also empowered to
				  provide insurance acquisition services or self-insurance program administrative
				  services for certain organizations and bodies outside of state government, at
				  the sole expense of such organizations and bodies, as provided by
				  law.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 3 - Casualty or Liability Incident Management › Section 260:70-3-1 - Establishment of programs

Current through Vol. 41, No. 20, July 1, 2024
There is hereby established the Oklahoma Risk Management
				  Program. Under this program each agency or other covered entity shall appoint
				  an agency risk management coordinator and maintain an agency risk management
				  program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 3 - Casualty or Liability Incident Management › Section 260:70-3-2 - Functions of Program

Current through Vol. 41, No. 20, July 1, 2024
Each Agency Risk Management Program shall have assigned to
				  it sufficient personnel to fulfill each of the following functions:
(1)
Incident scene management.
(A)
General.
The Agency shall be
				responsible for assuring that proper steps are taken at the scene of any
				liability incident to ensure the safety and security of personnel and property,
				and to otherwise manage the scene in the best interest of the Oklahoma Risk
				Management Program. Employees of all agencies and other covered entities must
				be informed and encouraged to promptly report any potential liability incident
				in which they might be involved, or which they might witness, to proper
				supervisory and security personnel.
(B)
Reports by witnesses.
Any
				employee or officer of any agency or other covered entity who is involved in
				any potential liability incident, as a witness or otherwise, must immediately
				notify his or her immediate supervisor, as well as the security office or law
				enforcement officer with responsibility for the area where such incident
				occurs, if any. In case of any liability incident involving motor vehicles, the
				following procedure specified in paragraph (2) of this section, shall be
				followed.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 5 - Casualty or Liability Claims Management, Payment and Reports › Section 260:70-5-2 - Claims payment

Current through Vol. 41, No. 20, July 1, 2024
The Risk Management Department has several methods in which
				  to pay claims against the state or other covered entities. Methods of paying
				  claims for liability incidents include:
(1)
Issuance of a state warrant.
(A) Upon approval of a claim payment by
				authorized legal counsel, the Risk Management Department shall:
(i) Forward a request for a warrant to be
				issued with copies of documents showing all required approvals for claim
				payment.
(ii) Attach to the request
				for a warrant to be issued, a fully and properly executed release of liability,
				if available, or a copy of the court approval.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 5 - Casualty or Liability Claims Management, Payment and Reports › Section 260:70-5-3 - Reports and recommendations

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Risk Management Department shall:
(1)
				Immediately notify the Attorney General of any claims against the state
				presented to the Risk Management Department.
(2) Transfer to the Attorney General or other
				authorized legal counsel all investigative material available.
(3) At the request of the Attorney General or
				other authorized legal counsel, submit a recommendation of the Risk Management
				Department as to whether any claim should be paid, compromised or denied, and
				forward with such recommendation all evidence or other informational material
				supporting the recommendation.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 7 - Establishment of Centralized State Risk and Insurance Management Program › Section 260:70-7-1 - Source of authority

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 74 O.S. Section 85.58(A)(1), the Office of
				  Management and Enterprise Services is directed to identify and evaluate tort
				  liability risks for state agencies; and, pursuant to 74 O.S. Section
				  85.58(A)(1), identify and evaluate all risks for state agencies. In addition,
				  the Office of Management and Enterprise Services is directed to eliminate,
				  reduce or minimize all risks through a continuous, effective loss-prevention
				  and loss-control program pertinent to all state agencies and other covered
				  entities authorized by law to utilize the services of the Risk Management
				  Department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 7 - Establishment of Centralized State Risk and Insurance Management Program › Section 260:70-7-2 - Functions of Oklahoma Risk Management Program

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to protect the assets of the
				state or any other covered entity against liability loss, the Risk Management
				Department shall consolidate and administer:
(1) All plans to transfer liability risks, if
				it is economically advantageous to do so, by acquiring commercial liability
				insurance, by pass-off of liability or by other means.
(2) All plans and programs pertaining to Risk
				Management including liability self-insurance programs, except state employees
				group, health, dental and life insurance.
(3) All plans and programs pertaining to Risk
				Management for consolidation of any combination of the above types of insurance
				or re-insurance programs or policies.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 9 - Driver and Vehicle Safety Standards for Motor Vehicle Operations › Section 260:70-9-1 - Driver and vehicle safety standards for motor vehicle operations

Current through Vol. 41, No. 20, July 1, 2024
To protect the general public, as well as the state and other
				  covered entities' property and their employees, the rules contained in OAC
				  260:70-9 shall apply:
(1)
Primary requirements.
It being imperative to assure the driving
				public that state vehicles will be operated properly and by trained
				individuals, State Risk Management reserves the right to insure for liability
				insurance only those state employees or volunteers it deems insurable. To
				facilitate this right, Risk Management may, from time to time, request Motor
				Vehicle Records (MVR's) from the Department of Public Safety. Any information
				found on the report that may be negative towards the driving record of the
				individual employee may be cause for Risk Management to inform the employing
				agency of said employee that the driver is uninsurable and that in the event of
				a loss involving said employee, Risk Management will refuse to pay for such
				loss(es) out of the Risk Management Comprehensive Risk Pool. Losses incurred
				under such conditions shall be borne by the employing agency. In addition to
				the above, the following are minimum requirements:
(A) To operate a vehicle of any type, an
				individual must have a valid driver license. Risk Management may assist
				agencies in checking whether an employee has a valid Oklahoma driver
				license.
(B) Driver will use the
				vehicle only for state or other covered entity business within the scope of the
				driver's employment/authority.
(C)
				Driver will wear his/her safety belt.
(D) Driver will observe all traffic
				laws.
(E) Driver will not allow an
				unauthorized person to drive the vehicle.
(F) Consumption of alcoholic beverages or
				narcotics prior to the operation of a vehicle is prohibited.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 11 - Coverage for State Owned Buildings, Contents and Other › Section 260:70-11-1 - Deductible levels and premiums

Current through Vol. 41, No. 20, July 1, 2024
(a) Deductible
				amounts payable by the agency or other covered entity for losses to buildings,
				contents, and other property will be set by the Administrator with the approval
				of the Director of the Office of Management and Enterprise Services. Deductible
				amounts or percentages may vary by types and use of property, and by actual or
				replacement value.
(b) An annual
				premium will be levied and collected from each state agency pursuant to 74 O.S.
				Section 85.58M, in order to cover the purchase of excess insurance against
				catastrophic losses and to cover future losses using verifiable loss histories.
				Each state agency shall pay in full the premiums billed to them by the Risk
				Management Department for property and casualty insurance coverage. An invoice
				is due and payable upon receipt. Delinquent accounts will be collected pursuant
				to 74 O.S. Section 85.58M.
(c)
				Annual premiums will be determined using a combination of identified markets
				available for acquisition of commercial excess insurance and verified loss
				history. The annual premiums will be reasonable and determined by the Risk
				Management Administrator with the approval of the Director of the Office of
				Management and Enterprise Services.
(d) Property losses will be determined by the
				Risk Management Department and/or a third-party administrator under contract.
				These losses will be based on industry accepted investigations and resulting
				appraisals of estimated damages.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 11 - Coverage for State Owned Buildings, Contents and Other › Section 260:70-11-2 - Basic coverage for Property

Current through Vol. 41, No. 20, July 1, 2024
(a)
Auto
				physical damage coverage.
Auto physical damage coverage is available for
				additional premium to all state agencies or other covered entities. This
				coverage may be backed by commercial insurance or self-insured at the Risk
				Management Administor's discretion. Terms of the coverage will be specified in
				an annual statement of coverage issued by the Risk Management
				Administrator.
(b)
Perils
				covered.
Perils covered will be specified in an annual statement of
				coverage issued by the Risk Management Administrator.
(c)
Amount payable for losses.
(1) The amount payable for covered losses
				will be specified in an annual statement of coverage issued by the Risk
				Management.
(2) The amount payable
				for any loss to property shall not exceed the lesser of the actual replacement
				cost or the reported value of the property.
(3) The amount payable for any loss shall be
				reduced by the amount of any delinquent premiums or fees for coverage under the
				Risk Management Program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 70 - Risk Management Program › Subchapter 11 - Coverage for State Owned Buildings, Contents and Other › Section 260:70-11-3 - Claims payment

Current through Vol. 41, No. 20, July 1, 2024
The amount payable for each loss shall be determined by the
				  Administrator. Payment of claims shall be made as funds are available and upon
				  the approval of the Administrator. Final payment shall not be made until a loss
				  affidavit and a release of all claims has been properly executed and the
				  covered entity has complied with all procedures for claim payment as set forth
				  in the Annual Statement of coverage. On a loss where the property covered is to
				  be replaced under the terms of the Annual Statement of Coverage, and a final
				  settlement has been reached, the Administrator reserves the right to require
				  that the covered entity be paid only that portion of the actual cash value
				  until the property suffering the loss has been put back whole. At that time,
				  all remaining settlement funds will be released.
(1) The Risk Management Department shall:
(A) Acquire a release of all claims and a
				loss affidavit by the chief administrative officer or other authorized official
				of the agency where a property loss has occurred; or.
(B) Acquire an attestation from the chief
				administrative officer of the agency where a property loss has occurred that
				the agency does not intend to replace the property loss and will accept actual
				cash value in lieu of replacement; and,
(C) Forward a request for a warrant for
				either replacement value or actual cash value to be issued reflecting all
				approval(s) necessary under the rules and regulations contained in
				260:70-11.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-1 - General Provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
The following words or terms, when used in this
			 Subchapter, shall have the following meaning unless the context clearly
			 indicates otherwise:
(1)
"Administrator"
means the chief executive officer of the Division
			 of Capital Assets Management of the Office of Management and Enterprise
			 Services.
(2)
"Chief
			 administrative officer"
means an individual responsible for directing
			 the administration of a state agency. The term does not mean one or all of the
			 individuals that make policy for a state agency.
(3)
"Class"
means compact car,
			 medium size car, full size car, medium size station wagon, full size station
			 wagon, police car, pickup, truck, SUV, van, bus, aircraft or
			 motorcycle.
(4)
"Department"
means the Fleet Management Department within the
			 Office of Management and Enterprise Services.
(5)
"Director"
means the
			 Director of the Office of Management and Enterprise Services or his
			 designee.
(6)
"Fleet
			 Card"
means the card assigned to vehicles under the leasing or ownership
			 authority of the Department for the purchase of fuel, ancillary accessories and
			 services, and general service maintenance.
(7)
"Fleet Manager"
means the
			 administrative head of the Fleet Management Department appointed by the
			 Director.
(8)
"Office"
means the Office of Management and Enterprise Services.
(9)
"State agency"
means any
			 state board, bureau, commission, department, state institution of higher
			 education, authority, public trust, interstate commission, the Judiciary, the
			 Legislature, and the Office of the Governor.
(10)
"VIN"
means vehicle
			 identification number.
(11)
"Written"
or
"In writing"
means a tangible or
			 electronic record of a document, communication or representation, including
			 handwriting, typewriting, printing, photostating, photography, e-mail or other
			 electronic format or record. A "signed" writing includes an electronic sound,
			 symbol or process attached to or logically associated with a writing and
			 executed or adopted by a person with the intent to sign the writing.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-2 - Vehicle inventory control

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fleet inventory.
The Department shall maintain a current and
			 complete inventory of all state vehicles compiled from the following:
(1) Each state agency shall maintain a
			 current and complete inventory of the motor vehicles it owns or leases which
			 includes the following information for each vehicle:
(A) Current agency vehicle number.
(i) Agencies that do not have a vehicle
			 numbering system shall develop one for the purposes of this Chapter.
(ii) A state agency shall not change an
			 established vehicle number without prior written authorization of the Fleet
			 Manager.
(iii) Vehicle numbers
			 shall not be reused.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 75 - Fleet Management Department › Section 260:75-1-3 - Vehicle management control

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agency fleet management policies and procedures.
A state agency
			 shall file or update a detailed written description of its current fleet
			 management policies and procedures with the Department annually. State agencies
			 which have made no changes to their fleet management policies and procedures
			 during the year may file a statement of "no change."
(b)
Agency monthly inventory
			 report.
A state agency shall submit a report of all vehicles it owns
			 and/or leases monthly to the Department in the format required by the
			 Department. The report shall be due on the 10th of each month and shall contain
			 information for each vehicle owned and/or leased representing the month
			 preceding the report, which includes:
(1)
			 Agency name and number;
(2) Vehicle
			 number;
(3) Hours or mileage as of
			 a specific date and time;
(4) Fuel
			 cost and number of gallons used;
(5) Type of maintenance performed on vehicle
			 specified in the following manner:
(A) "P" -
			 preventive maintenance - internal repair;
(B) "E" - preventive maintenance - outside
			 repair;
(C) "B" - body work -
			 internal repair;
(D) "W" - body
			 work - outside repair;
(E) "M" -
			 mechanical repair - internal repair; or
(F) "R" - mechanical repair - outside
			 repair.
(6) Cost of any
			 repairs listed pursuant to (5) of this subsection.