Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 40 - Employee Benefits Department › Subchapter 37 - Competitive Bidding Criteria and Procedures for Contracts Awarded for Flexible Benefits Plans › Section 260:40-37-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Audit Clause"
means in accepting any contract
				  with the Oklahoma State Employee Benefits Department, the Bidder must agree to
				  an audit clause which provides that books, records, documents, accounting
				  procedures, practices or any other items of the service provider relevant to
				  the contract are subject to examination by the EBD, State Auditor and
				  Inspector, or other designated entities.
"Award"
or "Contract award"
means
				  when the EBD votes to approve the acceptance of a proposal from a qualified
				  Bidder meeting all requirements of the procurement as determined by the
				  EBD.
"Bidder"
means any entity submitting a
				  competitive proposal in response to a solicitation for flexible benefit plans
				  issued under this Chapter.
"Bidder's List"
means the list maintained by the
				  Contracts Administrator setting out the names and addresses of qualified
				  suppliers of flexible benefit plans from whom proposals can be
				  solicited.
"Business Day"
means any day except Saturday,
				  Sunday, or a legal holiday for State employees as proclaimed by the
				  Governor.
"Competitive Negotiation"
means the method by
				  which the EBD may contract with qualified Bidders for flexible benefits plans
				  through best and final offer (BFO) process.
"Confidential Information"
means information
				  clearly designated in the RFP as being proprietary information and which shall
				  be retained as confidential. All information included in or with a Bidder's
				  proposal lacking such a designation shall be subject to the Oklahoma Open
				  Records Act (51 O.S.2001, § 24(A)(1) et seq.).
"Contract"
means when a Bidder submits a
				  proposal, the proposal is submitted as a legal offer and any proposal, when
				  accepted by the EBD constitutes a contract (See Award).
"Contracts Administrator"
means the Contracts
				  Administrator employed by the EBD.
"EBD"
means the Oklahoma State Employee Benefits
				  Department.
"EEOC"
means Equal Employment Opportunity
				  Commission.
"Director"
means the Director employed by the
				  EBD.
"Formal Proposal"
means a proposal which must be
				  submitted in a sealed envelope or container and in conformance with a
				  prescribed format, to be opened at a specified time and specified place. (See
				  also, Proposal.)
"HEDIS"
means Health Plan Employer Data and
				  Information Set.
"Ineligible Bidder"
means a prospective service
				  provider who, by reason of financial instability, unsatisfactory performance as
				  documented by the EBD or other deficiency, does not meet the qualifications for
				  placement on the bidder list.
"Late Bid"
or "Late Proposal"
means
				  a bid or proposal received at the place specified in the RFP after the date and
				  time designated for all proposals to be received.
"Proposal"
means the executed document submitted
				  by a Bidder in response to a Request for Proposal (RFP) issued by the
				  EBD.
"Readiness Reviews"
means the process by which
				  the contracting authority makes scheduled on-site visits to the service
				  provider for purposes of testing the readiness of the provider.
"Request for Proposal"
or "RFP"
means the solicitation document used for competitive sealed bidding.
"State"
means the State of Oklahoma, acting by
				  and through the EBD or its/their designee.
"Vision Plan"
means a company, organization,
				  group, or person who owns, operates, and provides a health care benefit plan
				  designed for the care of the eye or the correction or enhancement of one's
				  eyesight.