Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-13 - Acquisitions over $5,000.00 and not exceeding $25,000.00

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basic Requirements.
State
				  agencies that have an internal CPO or a designated CPO through an interagency
				  agreement and approved internal purchasing procedures pursuant to the
				  requirements of
				  260:115-5-3
				  and
				  260:115-5-7
				  shall make acquisitions over $5,000.00 and not exceeding $25,000.00 pursuant to
				  this section.
(b)
Acquisition
				  Preparation.
The state agency shall prepare and document the state
				  agency's specifications and all information required from the supplier for an
				  acquisition. An agency shall choose an appropriate solicitation methodology,
				  i.e. formal or informal competitive solicitation, based on the complexity of an
				  acquisition.
(c)
Supplier
				  selection.
(1) The state agency shall
				  solicit from a minimum of three (3) registered suppliers (if available)for
				  acquisitions over $5,000.00 and not exceeding $10,000.00 and ten (10)
				  registered suppliers for acquisitions over $10,000.00 and not exceeding
				  $25,000.00, from the Supplier List in the appropriate commodity classification.
				  Selection of suppliers shall be rotated whenever more than ten (10) suppliers
				  are registered.
(2) State agencies
				  shall solicit prices and delivery dates by mail, telephone, facsimile or by
				  means of electronic commerce.
(3)
				  The state agency shall make a written evaluation of criteria considered in
				  selection of the supplier for the acquisition. Documentation of prices,
				  delivery dates and the evaluation shall be placed in the acquisition
				  file.
(4) All awards shall be based
				  on lowest and best or best value criteria.
(5) Certifications, verifications and other
				  required documents.
(A)
Non-collusion
				  certification.
Pursuant to requirements in 74 O.S. §
												85.22,
				  a non- collusion certification shall be included with any competitive bid
				  and/or contract submitted to the State for goods or services. The certification
				  shall have an authorized signature of the supplier certifying the non-collusion
				  statement with full knowledge and acceptance of all its provisions.
(B)
Sales Tax Permit
				  Verification.
Prior to the award of a contract, the state agency must
				  verify that the supplier has obtained a current sales tax permit in accordance
				  with the laws of Oklahoma. Documentation of verification of a current sales tax
				  permit, which must be a copy of the sales tax permit, the vendor's explanation
				  of exemption, or confirmation of the permit's status obtained from the Oklahoma
				  Tax Commission, must be filed in the acquisition file.
(C)
Certifications for services
				  contracts.
Additional documents required to be included in contracts for
				  professional or nonprofessional services include:
(i) If the final product of a professional
				  services contract is a written proposal, report or study, the supplier shall
				  include a statement certifying that the supplier has not previously provided a
				  substantial duplication of the final product to the state agency or another
				  state agency. [Reference 74 O.S. §
													85.41
				  ]
(ii) An acquisition for
				  professional or nonprofessional services must include statutory language
				  required by the Oklahoma Central Purchasing Act as a term of the requisition or
				  contract and must be signed by the chief administrative officer of the agency
				  or the chief administrative officer of the requisitioning unit certifying
				  compliance with the Act. [Reference 74 O.S. §
													85.4
				  ]
(iii) Each contract for services
				  shall include a statement certifying that no person who has been involved in
				  any manner in the development of that contract while employed by the State of
				  Oklahoma shall be employed to fulfill any of the services provided for under
				  said contract. [Reference 74 O.S. §
													85.42
				  ]
(D)
Bonds and
				  sureties.
The solicitation may require bidders to submit a bid bond,
				  performance bond, or other type of approved surety with the bid.
(i)
Form of bond.
The bid bond,
				  performance bond or other type of surety shall be subject to the approval of
				  the State Purchasing Director. For bonds requiring a cash deposit, the amount
				  specified by the State Purchasing Director shall be paid by certified check or
				  cashiers check.
(ii)
Irrevocable letter of credit.
In lieu of bonds specified in this
				  subsection, the State Purchasing Director may approve submission of an
				  irrevocable letter of credit.
(iii)
Bond or surety return.
When the State Purchasing Director
				  specifies a bid contain a bid bond, performance bond, or other type of surety,
				  the State Purchasing Director shall retain the bond or surety until the
				  successful completion of the purpose for which the bond or surety was
				  drawn.