Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-19 - Emergency acquisitions

Current through Vol. 41, No. 20, July 1, 2024
State agencies with a CPO and approved internal purchasing
					 procedures meeting the requirements of
					 260:115-5-3 and
					 260:115-5-7, may make an
					 emergency acquisition authorized by 74 O.S. §85.7. For an emergency
					 acquisition over One Hundred Thousand Dollars ($100,000.00) , the State
					 Purchasing Director shall:
(1) select
				  a supplier or a group of suppliers to notify utilizing telephone, facsimile or
				  electronic commerce;
(2) 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 supplier'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]
(iv)
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 acquiring state agency. For bonds requiring a cash deposit, the amount
				  specified by the acquiring state agency shall be paid by certified check or
				  cashiers check.
(II)
Irrevocable letter of credit.
In lieu of bonds specified in this
				  subsection, the acquiring state agency may approve submission of an irrevocable
				  letter of credit.
(III)
Bond
				  or surety return.
When the acquiring state agency specifies a bid
				  contain a bid bond, performance bond, or other type of surety, the state agency
				  shall retain the bond or surety until the successful completion of the purpose
				  for which the bond or surety was drawn.
(v)
Verification of registration and
				  status with Secretary of State.
Prior to the award of a contract, the
				  acquiring state agency must verify, pursuant to applicable provisions of law,
				  that the supplier is registered with the Secretary of State and franchise tax
				  payment status pursuant to 68 O.S. §1203 and §1204. Documentation of
				  verification of registration and status with the Secretary of State must
				  include, at a minimum, a copy of the entity summary information from the
				  Secretary of State's website or the supplier's statement providing specific
				  details supporting the exemption claimed, must be filed in the acquisition
				  file.