Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-21 - Acquisition pursuant to a waiver

Current through Vol. 41, No. 20, July 1, 2024
If the OMES Director approves a state agency's request for
					 a waiver [Reference
					 260:115-1-6 ], a state
					 agency with a CPO and approved internal purchasing procedures as required by
					 260:115-5-3
					 and
					 260:115-5-7,
					 may make the acquisition for which the waiver was approved, within their
					 approved purchasing authority limit. When an acquisition is made pursuant to a
					 waiver, the State Purchasing Director:
(1) may select a supplier or group of
				  suppliers to notify using telephone, facsimile or electronic
				  commerce;
(2) shall obtain the
				  following certifications, verifications and other required documents, as
				  applicable, from the supplier selected for contract award:
(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
				  ]