Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 10 - Purchasing › Section 317:10-1-21 - Procurement ethics, prohibited conduct

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard of conduct.
The
			 Oklahoma Central Purchasing Act, State Ethics Commission rules, and other state
			 laws contain regulations, prohibitions, and penalties governing procurement
			 ethics. Transactions relating to the public expenditure of funds require the
			 highest degree of public trust and impeccable standards of conduct.
(b)
One (1) year prohibition on certain
			 contracts.
For one (1) year after the employment termination date of any
			 employee or officer, OHCA is prohibited from entering into a sole source
			 contract, a professional service contract, or a contract for the services of
			 that employee or officer. Refer to 74 O.S. § 85.42(A). An agency may enter
			 into a sole source contract or a contract for professional services at any time
			 with a person who is a qualified interpreter for the deaf. Reference to 74 O.S.
			 § 85.42(D).
(c)
Supplier
			 gratuities.
Employees or officers of the Purchasing and Contracts
			 Development unit, acting within the scope of delegated authority, or any member
			 of their immediate family, under the Oklahoma Central Purchasing Act shall not
			 accept any gift, donation, or gratuity for himself or any member of his
			 immediate family from any supplier or prospective supplier of any acquisition
			 covered by the Oklahoma Central Purchasing Act. This subsection shall not apply
			 to exceptions to the definition of "anything of value" established in rules
			 promulgated by the Oklahoma Ethics Commission.
(d)
State requirement for one (1) year
			 prohibition on certain state officers' or employees' employment with a
			 supplier.
For a period of one (1) year from the date that any contract
			 to privatize is awarded by OHCA, any state officer or employee who exercised
			 discretionary or decision-making authority in awarding a specific contract to
			 privatize is prohibited from becoming an officer or employee of a business
			 organization which is party to that specific contract to privatize. If, within
			 the prohibited period and in violation of state law, any state officer or
			 employee who exercised discretionary or decision-making authority in awarding a
			 specific contract to privatize becomes an officer or employee of a business
			 organization which is party to that specific contract to privatize, then the
			 business organization is prohibited from contracting with OHCA for one (1) year
			 from the date of the violation of state law. Refer to 74 O.S. §
			 590.
(e)
Agency contract or
			 agreement open for legislative inspection.
Upon request, a contract or
			 any other form of agreement made by OHCA will be open for inspection to any
			 member of the Legislature. OHCA will not direct, put in a contract, or in any
			 way disallow a vendor, client, employer or independent contractor, person, or
			 any other entity from contacting or communicating with any member of the
			 Legislature. Refer to 74 O.S. § 464.1.
(f)
Federal requirement for
			 conflict-of-interest safeguards pertaining to any contract for health plan or
			 managed care services.
Any contract awarded for health plan or managed
			 care services and subject to 42 C.F.R. Part 438 necessitates state
			 conflict-of-interest safeguards at least as effective as those specified at
			 section 27 of the Office of Federal Procurement Policy Act. Refer to
			 42 C.F.R. §
									438.58, citing 41 U.S.C. § 423. In
			 addition to this subsection, OAC 317:10-1-22 describes processes pertaining to
			 the conflict-of-interest safeguards in this section.
(1) The following person(s) shall not, except
			 as provided by law, knowingly disclose a contractor bid or proposal information
			 or source selection information before the award of an OHCA procurement
			 contract to which the information relates:
(A) When such person is:
(i) A present or former employee or
			 officer;
(ii) Acting or has acted
			 for or on behalf of OHCA with respect to a procurement; or
(iii) Advising or has advised OHCA with
			 respect to a procurement; and