reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 7 - ADDITIONAL PROCUREMENT INFORMATION › Section 260:115-7-48 - Electronic commerce and online bidding

Current through Vol. 41, No. 20, July 1, 2024
(a) When a state agency determines electronic
				  or online bidding is more advantageous than other procurement methods provided
				  by the laws of this state, the state agency may use online bidding to obtain
				  bids as authorized by the Oklahoma Central Purchasing Act for the purchase of
				  goods, services, construction, or information services.
(b) The use of electronic commerce for
				  solicitation, notification, and other procurement processes as provided for in
				  74 O.S. §
										85.45r
				  and the Oklahoma Central Purchasing Act and/or the Public Building Construction
				  and Planning Act shall be subject to the policies and procedures of the Online
				  Bidding Standards authorized by the OMES Director and established by the State
				  Purchasing Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 9 - INFORMATION TECHNOLOGY ACQUISITIONS › Section 260:115-7-52 - General requirements

Current through Vol. 41, No. 20, July 1, 2024
Unless otherwise provided by law, state agencies shall
					 acquire information technology products and services in accordance with the
					 Oklahoma Central Purchasing Act [74 O.S. §§
										85.1 et
					 seq.], the Oklahoma State Finance Act [62 O.S. §§
										34 et
					 seq.] the rules of this chapter, and requirements established by the
					 Information Services Division of the Office of Management and Enterprise
					 Services.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 9 - INFORMATION TECHNOLOGY ACQUISITIONS › Section 260:115-7-54 - Accessible information technology (IT) acquisitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Procurement.
(1) To ensure accessibility of information
				  technology for individuals with disabilities pursuant to 62 O.S. §
											34.28,
				  procurement of information technology shall be subject to the Oklahoma
				  Information Technology Accessibility Standards prescribed by the Office of
				  Management and Enterprise Services and maintained by the Information Services
				  Division. These standards apply to all information technology purchased after
				  the effective date of these rules, providing the solicitation process was not
				  initiated prior to the effective date.
(2) When developing, procuring, maintaining
				  or using information technology, or when administering contracts or grants that
				  include the procurement, development upgrading, or replacement of information
				  technology each state agency shall ensure, unless an undue burden would be
				  imposed on the agency, that the information technology allows employees,
				  program participants, and members of the general public access to use of
				  information and data that is comparable to the access by individuals without
				  disabilities. [62 O.S. §
											34.28(B)
				  ] When used in this section, "state agency" includes all agencies defined in 62
				  O.S. §
											34.29.
(3) Unless an exception applies, an agency
				  must procure a product or service that best meets the business needs of the
				  agency and the applicable IT Accessibility Standards.
(A) Accessibility determination must be
				  conducted as part of the acquisition evaluation.
(B) Accessibility must be considered among
				  the general, technical and functional requirements of the procurement
				  specifications. At a minimum, it must be accomplished through review of vendor
				  provided information submitted in the form of a Voluntary Product Accessibility
				  Template (VPAT) or comparable document with judgments made regarding degree of
				  conformance to the IT Accessibility Standards.
(C) The relative accessibility weighting may
				  be adjusted for due cause based on the specific procurement.
(D) When acquiring a product, an agency shall
				  acquire products that comply with applicable IT Accessibility Standards when
				  such products are available in the commercial marketplace or when such products
				  are developed in response to an agency solicitation. Agencies cannot claim a
				  product, as a whole is not commercially available by stating no product in the
				  marketplace meets all of the IT Accessibility Standards. Instead, an agency
				  must identify commercial, off-the-shelf products that best meet the general,
				  technical and functional requirements as defined by the agency. Once those
				  products have been identified, the agency should purchase the product that is
				  the most accessibility compliant.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 9 - Contract Management › Section 260:115-9-1 - Supplier contract performance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Delivery.
A supplier shall deliver acquisitions to a state agency
				within time periods the contract specifies.
(b)
Inspection.
Unless otherwise
				provided in the contract documents, the state agency shall inspect acquisitions
				from the supplier within a reasonable time after supplier delivery.
(c)
Rejection.
The state agency
				shall reject acquisitions from the supplier that do not meet specifications or
				other terms and conditions of the contract. The supplier shall pay costs to
				retrieve and replace acquisitions that do not meet specifications with a
				conforming item or service.
(d)
Acquisition title.
Title to acquisitions shall not pass from the
				supplier to the state agency until the state agency receives, inspects and
				accepts the items. The state agency shall document, at a minimum, the date of
				delivery, the name and address of the supplier, a description of the goods
				received, and the signature of the receiving agency employee.
(e)
Subcontractor performance.
A
				supplier shall be responsible for the performance of subcontractors. The
				supplier shall provide a single point of contact for the state agency when the
				supplier uses subcontractors. The supplier shall notify the state agency and
				the Central Purchasing Division if the supplier uses a subcontractor the
				supplier did not disclose in the supplier's bid.
(f)
Contract changes.
If a
				supplier determines a requested change to the contract or performance exceeds
				the original scope of the solicitation, the supplier shall notify the State
				Purchasing Director or the state agency. No changes shall be made prior to the
				approval of a change order in accordance with Section
				260:115-9-3.
(g)
Contract assignment.
A
				supplier shall not assign or subcontract a contract to another supplier,
				individual, business entity or organization unless otherwise specified in the
				solicitation.
(h)
Performance
				evaluation.
(1) State agencies shall
				develop a process to consistently assess and document the quality of products
				and/or services acquired from a supplier.
(2) State agencies shall retain written
				documentation of evaluation of the performance of services provided pursuant to
				a professional services contract with the acquisition file. If the evaluation
				indicates deficiencies with the supplier's work, the state agency shall submit
				a Professional Service Evaluation to the State Purchasing Director. [Reference
				74 O.S. §
										85.41
				]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 9 - Contract Management › Section 260:115-9-3 - Change orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contract
				increases.
Contracts including component or phased deliveries may be
				increased by an amount that does not exceed ten percent (10%) of the total
				acquisition purchase price. In determining the ten percent (10%) dollar amount,
				the cumulative value of all change orders shall be compared to the original
				total acquisition price. All other contracts may be increased only if the
				change order does not exceed the scope of the original solicitation. For the
				purposes of (b) and (c) of this section, "State Purchasing Director" does not
				include personnel of state agencies to whom the State Purchasing Director has
				delegated authority.
(b)
Acquisitions by a state agency.
If a change order would increase
				the total contract dollar amount above the dollar amount requiring the state
				agency to submit a requisition to the State Purchasing Director, the state
				agency shall seek approval of the State Purchasing Director prior to issuing
				the change order.
(c)
Acquisitions by the Central Purchasing Division.
If a requested
				change order exceeds ten percent (10%) in a contract that includes component or
				phased deliveries or exceeds the scope of the original solicitation, the State
				Purchasing Director may deny the requested change order and notify the state
				agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 9 - Contract Management › Section 260:115-9-5 - Supplier invoice submission

Current through Vol. 41, No. 20, July 1, 2024
(a)
Supplier invoice submission.
Following transfer of title of an
				acquisition to a state agency, the supplier shall submit invoices to the state
				agency.
(b)
Advance payment
				for acquisitions.
The state agency shall not pay for acquisitions a
				supplier has yet to deliver, unless otherwise authorized by law.
(c)
Payment and state agency
				acceptance.
State agency payment to a supplier for an acquisition may
				not constitute final acceptance of the acquisition by the state agency. If
				subsequent state agency inspection affirms that the acquisition does not meet
				or exceed the specifications of the contract, or that the acquisition has
				latent defects, the state agency shall notify the supplier. The supplier shall
				retrieve and replace the acquisition at the supplier'sexpense, or the state
				agency shall request a refund from the supplier if the supplier is unable to
				replace the acquisition.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 9 - Contract Management › Section 260:115-9-7 - State agency and supplier disputes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Quality assurance inspections by state agencies.
A state agency
				must establish quality assurance procedures that ensure timely and thorough
				inspection of acquisitions delivered to the agency. It is critical that
				problems with delivery or the quality of the acquisition delivered be promptly
				communicated to the agency's primary procurement official and the State
				Purchasing Director.
(b)
Resolution of dispute between a state agency and supplier.
Whenever a supplier provides a state agency with defective products or fails to
				perform in accordance with contract requirements, a state agency shall notify
				the supplier in writing of the deficiency and include information necessary for
				the supplier to resolve the problem. If the state agency and supplier are
				unable to resolve the dispute, the state agency shall submit a written request
				for dispute resolution to the State Purchasing Director.
(c)
State agency submission of supplier
				performance evaluation form.
A state agency shall request the State
				Purchasing Director seek dispute resolution by submitting a Supplier
				Performance Quality Report, whenever a supplier:
(1) fails to timely retrieve and replace an
				acquisition that does not meet or exceed contract specifications;
(2) does not refund payment for an
				acquisition that does not meet or exceed contract specifications; or,
(3) fails to resolve any other problem that
				conflicts with the contract specifications in a timely manner.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 9 - Contract Management › Section 260:115-9-9 - Contract termination

Current through Vol. 41, No. 20, July 1, 2024
(a)
Reasons for contract termination.
The State Purchasing Director
				may terminate a contract in its entirety or any portion thereof, between a
				supplier and a state agency if:
(1) a
				supplier fails to post, or allows to expire, a bid bond, performance bond, or
				other type of surety bond the solicitation specifies;
(2) a supplier fails to deliver an
				acquisition pursuant to the contract;
(3) a supplier fails timely to replace at the
				supplier's expense, acquisitions that fail to meet the requirements of the
				contract or have latent defects;
(4) a supplier misrepresents the supplier's
				ability to provide an acquisition;
(5) a supplier's financial or other
				condition, including but not limited to, bankruptcy or other evidence of
				insolvency which may affect the supplier's ability to perform;
(6) a supplier commits an unlawful act or an
				act that impairs the supplier's ability to perform;
(7) a supplier commits an act that could
				result in the supplier's suspension or debarment from the Supplier
				List;
(8) the State Purchasing
				Director determines that an administrative error occurred prior to contract
				performance; or,
(9) if sufficient
				appropriations are not made by the Legislature or other appropriate governing
				entity to pay amounts due for multiple year agreements.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 11 - Purchase Cards and Other Electronic Payment Mechanisms › Section 260:115-11-1 - State Purchase Card Program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of State Purchase Cards.
Use of State Purchase Cards (P/Cards)
				authorized by the State Purchasing Director [Reference 74 O.S., §85.5]
				shall be subject to the policies and procedures of the State Purchase Card
				Program established by the State Purchasing Director to ensure compliance with
				the statewide contract for this service.
(b)
Condition of participation.
A condition of participation in the State Purchase Card Program shall be
				compliance with the terms of the State Purchase Card Procedures established by
				the State Purchasing Director. Failure to comply with all conditions of
				participation may result in a state entity's removal from the purchase card
				program by the State Purchasing Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 11 - Purchase Cards and Other Electronic Payment Mechanisms › Section 260:115-11-3 - State Purchase Card Employee Agreement

Current through Vol. 41, No. 20, July 1, 2024
State entity P/Card Program participants must sign the State
				  of Oklahoma Purchase Card Employee Agreement form prior to assuming their
				  duties and being issued State Purchase Cards.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 11 - Purchase Cards and Other Electronic Payment Mechanisms › Section 260:115-11-5 - Training

Current through Vol. 41, No. 20, July 1, 2024
(a)
State entity P/Card Program
				participants.
State entity P/Card participants must successfully
				complete the training prescribed by the State Purchasing Director prior to
				assuming their duties and prior to being issued P/Cards.
(b)
State entity responsibility.
It is the responsibility of the State Entity P/Card Administrator to ensure
				employees maintain the continuing program training in accordance with OMES
				requirements.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 11 - Purchase Cards and Other Electronic Payment Mechanisms › Section 260:115-11-7 - Security

Current through Vol. 41, No. 20, July 1, 2024
(a) Use of any State Purchase Card authorized
				by the State Purchasing Director is limited to the person whose name is
				embossed on the card. The card shall not be loaned to another person.
(b) The cardholder shall ensure the State
				Purchase Card is kept in a secure manner and the State Purchase Card account
				number on the card is not posted or left in a conspicuous place.
(c) The state entity is responsible for
				maintaining adequate security of State Purchase Card account numbers and
				related information.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 11 - Purchase Cards and Other Electronic Payment Mechanisms › Section 260:115-11-9 - Recordkeeping

Current through Vol. 41, No. 20, July 1, 2024
A receipt shall be obtained for all purchases regardless of
				  the order method. The receipt shall give an itemized and detailed description
				  of the purchase and must include at a minimum:
(1) name and location of supplier;
(2) date of purchase;
(3) description of product
				purchased;
(4) unit price and
				quantity purchased; and,
(5)
				transaction total.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 13 - Disabled Veteran Business Enterprise Act › Section 260:115-13-1 - Awarding contracts

Current through Vol. 41, No. 20, July 1, 2024
Bidders responding to a solicitation meeting the criteria of
				  a service-disabled veteran business as defined in 74 O.S. §
									85.44E
				  shall be given a three percentage (3%) bonus points preference during the
				  solicitation evaluation.
(1) Bidder
				Requirements.
(A) Bidder shall respond to the
				solicitation as a service-disabled veteran business by checking 'YES' to the
				Disabled Veteran Business Enterprise Act question on the Responding Bidder
				Information form in the solicitation.
(B) Bidder shall provide a letter from the
				United States Department of Veterans Affairs which certifies the veteran(s) has
				a service connected disability.
(C)
				Bidder shall provide documentation of the business organizational structure
				demonstrating,
(i) Not less than fifty-one
				percent (51%) of the business ownership is by one or more service-disabled
				veterans, and
(ii) The management
				and daily business operation is controlled by one or more service-disabled
				veterans.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter is to provide information, requirements and
				procedures for state procurement staff, suppliers, and state entities subject
				to the State Use Program authorized in 74 O.S. §3001et seq., to establish
				fair and consistent acquisition processes that satisfy the needs of the state,
				provide value, quality and ensures the best interest of all taxpayers. All
				suppliers and state entities are responsible for knowing the requirements of
				this chapter in the State Use Program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this subchapter,
				shall have the following meaning unless the context clearly indicates
				otherwise:
"Contracting Officer"
means a person employed by
				the Office of Management and Enterprise Services Central Purchasing Division as
				a contracting officer, appointed by the State Purchasing Director and
				designated specifically to solicit, develop, and negotiate contracts with
				agencies and individuals.
"State Purchasing Director"
means the director of
				the Central Purchasing Division of the Office of Management and Enterprise
				Services appointed by the OMES Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-3 - State Use Program Qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Qualification to participate in the program.
To ensure compliance
			 with the Act, the State Purchasing Director shall qualify individuals and
			 nonprofit agencies prior to contract award.
(b)
Individual qualification.
An
			 individual shall apply for qualification to the State Use Program by submitting
			 the following documents to indicate the individual meets the statutory
			 definition of a person with significant disabilities, the individual shall
			 provide:
(1) a copy of the application and
			 supporting documentation the individual submitted to the Social Security
			 Administration for determination of disability and a copy of the final
			 disability determination from the Administration.
(2) a narrative report, prepared and signed
			 by a person licensed in the state of Oklahoma as a physician describing
			 physical disabilities, or a psychiatrist or psychologist describing mental
			 disabilities. The report shall fully describe the nature of the disability
			 constituting a substantial handicap to employment with supporting medical
			 records; and
(3) any additional
			 information the the State Purchasing Director may require related to work
			 history, vocational assessments, and work-related documents.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-4 - Determination of fair market price

Current through Vol. 41, No. 20, July 1, 2024
The contracting officer shall recommend a fair market price
				for products and services in accordance with the State Use Program approved
				Fair Market Price Policy and in the manner described in this section.
(1) The contracting officer shall prepare a
			 current market analysis to determine the fair price for the products or
			 services requisitioned or used by state agencies utilizing internal as well as
			 external sources and established pertinent criteria. When appropriate, the
			 criteria may include, but not be limited to:
(A) survey of comparable private contracts
			 for like products and services;
(B)
			 Research of other governmental entities within and outside the State of
			 Oklahoma;
(C) Comparison, when
			 appropriate, of wholesale and retail pricing of like
			 commodities.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-5 - Procurement schedule

Current through Vol. 41, No. 20, July 1, 2024
(a)
Compilation of procurement schedule.
The contracting officer shall
			 maintain and publish a current list of all products and services offered by
			 qualified organizations or individuals.
(b)
Approval of procurement
			 schedule.
The State Purchasing Director shall approve items on the
			 schedule or delete items from the schedule, consistent with the provisions of
			 the Act, and shall designate the final schedule of approved products and
			 services as the Procurement Schedule.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-8 - Protests and/or Grievances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing a
			 grievance.
Any party who is aggrieved may file a written grievance with
			 the State Purchasing Director within ten (10) days of the aggrieved action.
(b)
Investigation of a
			 grievance.
The State Purchasing Director may assign a designee to
			 investigate and make recommendations to the State Purchasing Director for
			 resolving the grievance.
(c)
State Purchsing Director response to a grievance.
The State
			 Purchasing Director shall respond in writing to the grieving party within ten
			 (10) days of receipt of the grievance.
(d)
Protest process.
All
			 protests of contract awards shall be handled in accordance with provision of
			 OAC 260:115-3-19. shall be handled in
			 accordance with the provisions of the
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-11 - Reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Failure
			 to provide reports or documentation.
Reports or documentation requested
			 from a qualified organization or individual by the State Purchasing Director
			 through the contracting officer, shall be completed within thirty (30) days of
			 the date requested. The State Purchasing Director may cancel contracts of
			 otherwise qualified organizations or individuals who fail to provide reports,
			 documentation or information required by utilization terms of a contract.
(b)
Sales to state agencies
			 and other governmental entities.
A qualified organization or individual
			 shall provide a quarterly usage report of purchases made by state agencies and
			 other governmental entities, from a contract the State Purchasing Director
			 awards. The report shall be in a format prescribed by the State Purchasing
			 Director.
(c)
Notice of
			 contract cancellation.
The State Purchasing Director shall direct the
			 Contracting Officer to send written notice to a qualified organization or
			 individual at least thirty (30) days prior to the cancellation date of a
			 contract pursuant to subsection (a) of this section.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 120 - State Use › Section 260:120-1-12 - Contract levy

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contract
			 levy.
Pursuant to 74 O.S., Section 3004.1, an administrative fee shall
			 be levied against qualified organizations or individuals for every contract
			 awarded under the act for products and services.
(b)
Reports and administrative fee
			 payments.
Qualified organizations or individuals shall submit a
			 quarterly report no later than forty-five (45) days following the end of each
			 calendar quarter. The report shall contain the total amount of payments
			 received from state agencies and other governmental entities and the
			 administrative fee based on the total amount of payments stated in the report.
(c)
Failure to submit
			 quarterly reports and payments.
Any administrative payment or usage
			 report that is past due more than forty-five (45) days shall be considered
			 delinquent. A written notice of delinquency shall be sent by the Central
			 Purchasing to each qualified organization or individual considered delinquent.
			 The notice shall state the amount due and or the usage report missing and
			 requirements for compliance.
(d)
Revocation of a qualified organization or individual.
Failure to
			 provide quarterly reports and administrative fee payments will be reported to
			 the State Use Contracting Officer and the State Purchasing Director and may
			 result in the revocation of the or an individuals' product and/or services
			 being offered on the procurement schedule and/or termination of their
			 contracts.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 1 - General Provisions › Section 260:125-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to provide standards and
				  procedures for the optional implementation of State Employee Suggestion
				  Programs by state agencies as prescribed by Section
				  1604
				  of Title 74.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 1 - General Provisions › Section 260:125-1-2 - 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:
"Adopt"
means to accept an employee's idea for
				  implementation.
"Agency"
means any office, department, board,
				  commission or institution of the executive branch of state government.
"Appointing Authority"
means the chief
				  administrative officer of an agency. As the term is used in the State Employee
				  Suggestion Program rules, the term includes employees of an agency to whom the
				  Appointing Authority has lawfully delegated authority to act on his or her
				  behalf.
"Award"
means the monetary payment made to an
				  employee who has submitted a suggestion that was implemented by a state agency.
"Eligible"
means the suggester and the
				  suggestion meets the criteria set forth in Section
				  1604
				  of Title 74.
"Employee"
means any person, permanent or
				  temporary, full, or part-time, classified or unclassified, except the chief
				  administrative officer of an agency, who receives a salary or wage from the
				  State of Oklahoma.
"State Employee Suggestion Program"
means the
				  program implemented by a state agency to promote efficiency and effectiveness
				  of state governmental operations in accordance with Section
				  1604
				  of Title 74.
"Suggestion"
means a constructive idea to
				  improve directly, with economic benefit and tangible cost savings, the
				  operations of a state agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-1 - Designated evaluators

Current through Vol. 41, No. 20, July 1, 2024
Each Appointing Authority shall assign an individual(s) to
				  evaluate a suggestion and recommend the suggestion for adoption, partial
				  adoption, adoption with modification, or rejection. Each Appointing Authority
				  shall develop guidelines setting forth the time period for evaluations.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-2 - Development of forms

Current through Vol. 41, No. 20, July 1, 2024
Each Appointing Authority shall develop forms to be used by
				  the state agency in administering their State Employee Suggestion Program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-3 - Suggestion submission

Current through Vol. 41, No. 20, July 1, 2024
Suggestions shall be submitted via hard copy, fax, or online
				  in a legible manner on the application forms to be provided by the Appointing
				  Authority. Each Appointing Authority shall develop requirements for suggestion
				  submissions that include, at a minimum, the solution and how it can be
				  accomplished; the current methods, practice, or problem; and a cost-benefit
				  analysis of the anticipated savings that will result from implementing the
				  suggestion, and the method used to determine the calculated savings.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-4 - Notification of suggestion adoption or rejection

Current through Vol. 41, No. 20, July 1, 2024
Each suggester shall be notified in writing by the Appointing
				  Authority of the decision to adopt or reject the submitted suggestion.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-5 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) Each Appointing Authority shall assign an
				individual(s) to review appeals submitted by suggesters.
(b) A suggester may, by appeal, request that
				either a denial of award or the amount of an award be reconsidered.
(c) Each Appointing Authority shall develop
				guidelines for the appeals process that include, at a minimum, the appeal
				period, appeal format, required appeal information, and appeal submission
				process.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-6 - Payment of awards

Current through Vol. 41, No. 20, July 1, 2024
Each Appointing Authority may establish a payment award scale
				  in accordance with the statutory requirement that the amount of any award does
				  not exceed twenty percent (20%) of the cost savings to the agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 3 - State Employee Suggestion Program Requirements › Section 260:125-3-7 - Documentation retention

Current through Vol. 41, No. 20, July 1, 2024
Each Appointing Authority shall be responsible for retaining
				  and maintaining all agency evaluations and implementation plans.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 125 - STATE EMPLOYEE SUGGESTION PROGRAMS › Subchapter 5 - State of Oklahoma Rights › Section 260:125-5-1 - State rights

Current through Vol. 41, No. 20, July 1, 2024
The State of Oklahoma has the right to use a suggestion in
				  any form or modification it deems appropriate without making any payment except
				  for the award determined by the applicable Appointing Authority. All
				  suggestions, whether implemented or not, become the property of the State of
				  Oklahoma. The State of Oklahoma has the right to make public all suggesters'
				  identities who are granted an award under the Employee Suggestion Program.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 1 - General Provisions › Section 260:130-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are the administrative rules of
				  Human Capital Management of the Office of Management and Enterprise Services
				  (Human Capital Management) which govern complaints and associated processes as
				  required by the Civil Service and Human Capital Modernization Act, Section
				  34.301 of Title 62 of the Oklahoma Statutes. These rules establish procedures
				  and standards necessary for the Civil Service Division to perform its duties
				  and functions. The Administrator of Human Capital Management of the Office of
				  Management and Enterprise Services has adopted the rules in this Chapter.
(1)
Authority.
The
				authority for these rules is the Civil Service and Human Capital Modernization
				Act, Section 34.301 of Title 62 of the Oklahoma Statutes.
(2)
Legal cites.
Some of these
				rules may restate language from statutes. Italic type means the language
				repeats language from statutes and the specific statutory reference will appear
				in brackets following the language in italics.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 1 - General Provisions › Section 260:130-1-3 - State employees to aid and comply

Current through Vol. 41, No. 20, July 1, 2024
All state employees under the Act shall conform to, comply
				  with, and aid in carrying out the provisions of the Act, the Rules, and all
				  other applicable state and federal law.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 1 - General Provisions › Section 260:130-1-4 - Severability clause

Current through Vol. 41, No. 20, July 1, 2024
The provisions of the Rules are severable and if any part or
				  provision is held void by the decision of a court, this shall not affect or
				  impair any of the remaining parts or provisions of these
				  Rules.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 1 - General Provisions › Section 260:130-1-5 - Compliance with federal standards, rules, or regulations

Current through Vol. 41, No. 20, July 1, 2024
Any of the Rules which conflict with, or are inconsistent
				  with, federal rules, regulations or standards governing the grant of federal
				  funds to any agency or department, is not applicable to such agency or
				  department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 1 - General Provisions › Section 260:130-1-6 - Request for promulgation, amendment, or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may request Human Capital
				Management to adopt, amend or repeal a rule in this chapter. The request shall
				be made in writing and shall include an explanation to support the request. A
				request shall also include:
(1) the name,
				address and telephone number of the person making the request;
(2) the name, address and telephone number of
				the agency or organization the person represents, if any;
(3) the number used to identify the rule if
				the request is to amend or repeal an existing rule; and
(4) the proposed language if the request is
				to amend an existing rule or adopt a new rule.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 3 - State Employee Dispute Resolution Program › Section 260:130-3-1 - Purpose, use and scope of State Employee Dispute Resolution Program

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Civil Service Division shall establish and maintain a
				State Employee Dispute Resolution Program, which may include mediation, to
				provide dispute resolution services to state agencies and state employees
				[62:34.301(B)(1)]. When the Civil Service Division is contracted with the Early
				Settlement Mediation Program through the Administrative Office of the Courts,
				the State Employee Dispute Resolution Program is subject to the laws and
				protections of the Dispute Resolution Act found at Title 12, Sections
				1801-1813 of the Oklahoma Statutes
				and rules promulgated thereunder.
(b)
Purpose.
The purpose of the
				State Employee Dispute Resolution Program is to provide an economical means and
				access to effective alternative dispute resolution services to all state
				agencies and state employees. The State Employee Dispute Resolution Program
				affords the parties to a complaint the same equity and impartiality as the
				hearing process while offering faster, less costly and more flexible ways to
				resolve disputes.
(c)
Use and
				Scope.
Complaints relating to written reprimands shall only be
				administered through mediation. Complaints relating to punitive transfer must
				first go through mediation before proceeding to a hearing if the mediation is
				unsuccessful. Mediation may also be available for suspensions without pay,
				involuntary demotions, and terminations.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 3 - State Employee Dispute Resolution Program › Section 260:130-3-2 - Mediation

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Mediation provides an opportunity for the parties to
				present and discuss settlement with each other and a mediator in order to
				resolve the issues of a complaint. The parties may discuss, negotiate and
				settle any differences or issues to reach a resolution to the complaint. The
				Civil Service Division will assign a mediator to the complaint as set forth in
				260:130-3-4.
(b)
Party responsibility.
Each
				party shall be present and on time. Complainant's failure to do so may result
				in dismissal of the complaint unless good cause is shown. Each party is
				expected to negotiate in good faith, without time constraints, and put forth
				his or her best efforts with the intention to settle, if possible. Even if the
				parties do not reach a complete settlement, they may reach agreement on various
				issues.
(1) The complainant shall speak for
				himself or herself or with the assistance of a Representative.
(2) The Appointing Authority shall send one
				person to speak and act on behalf of the Appointing Authority with full
				settlement authority and a Representative.
(3) Each party attending mediation shall have
				knowledge and the ability to discuss the facts around the action.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 3 - State Employee Dispute Resolution Program › Section 260:130-3-3 - State Employee Dispute Resolution Program Mediators

Current through Vol. 41, No. 20, July 1, 2024
The Civil Service Division shall be responsible for offering
				  mediation training and certifying all mediators available through the State
				  Employee Dispute Resolution Program. The Civil Service Division will maintain a
				  list of all available mediators. Mediators will be state employees who have
				  completed the Civil Service Division-approved program and applied to the Civil
				  Service Division to be mediators within this program. State employees will not
				  receive additional compensation for working as mediators. Serving as a mediator
				  will be included within the employees' job duties. An employee must have had
				  satisfactory performance ratings, must obtain written approval from his or her
				  supervisor before applying to be a mediator, and submit such approval with his
				  or her application. In the event the Civil Service Division does not have an
				  adequate pool of mediators to assign to complaints and ensure the complaints
				  are mediated within enough time to either resolve the complaint or have the
				  hearing take place within the thirty (30) business day requirement set forth in
				  62 O.S. Section 34.301, the Civil Service Division may utilize other methods of
				  obtaining mediators.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 3 - State Employee Dispute Resolution Program › Section 260:130-3-4 - Assignment of mediators

Current through Vol. 41, No. 20, July 1, 2024
The Civil Service Division will assign a mediator to every
				  complaint regarding written reprimand and punitive transfer. The Civil Service
				  Division will assign a mediator to complaints regarding termination, suspension
				  without pay, and involuntary demotion if mediation is requested by the
				  complainant in the complaint. A mediator that is a current or former employee
				  of the employing agency named in the complaint will not be assigned. The Civil
				  Service Division may approve a mediator who is a former employee of the
				  employing agency if the former employee has not worked for the employing agency
				  for a period of twenty (20) years and has no knowledge of or relationship to
				  the parties involved in the complaint.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-1 - Location for information and filing

Current through Vol. 41, No. 20, July 1, 2024
All complaints and all other documents will be filed with the
				  online filing system developed and maintained by the Civil Service Division or
				  any acceptable means determined by the Civil Service Division. The process for
				  filing will be published on the website maintained by the Civil Service
				  Division. Every Appointing Authority must designate an agency representative(s)
				  to receive notice of complaints filed. The Appointing Authority shall be
				  responsible for keeping the Civil Service Division informed of the current
				  agency representative and his or her up-to-date contact
				  information.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-2 - Time

Current through Vol. 41, No. 20, July 1, 2024
Complaints shall be filed with the Civil Service Division
				  within ten (10) business days of the date of when the termination, suspension
				  without pay, involuntary demotion, written reprimand, or punitive transfer
				  occurred. The action occurs when the employee receives the written notice of
				  the disciplinary action either in person or via acceptable electronic
				  means.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-3 - Jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
The Civil Service Division's jurisdiction to assign cases to
				  hearing or review by the ALJ is limited to complaints arising from termination,
				  suspension without pay, involuntary demotion, and punitive transfer. The review
				  of the merits of the complaint shall be limited to the employee disciplinary
				  file directly at issue [62:34.301(D)]. The Civil Service Division will accept
				  complaints arising from written reprimand and punitive transfer and will assign
				  such complaints to mediation.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-4 - Notice of complaint

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a complaint petition, the Civil Service
				  Division shall send a notice of the complaint to the appointing authority's
				  designated representative(s). The Civil Service Division may order a person or
				  agency added as a party of record and that person or agency shall be sent a
				  notice of the complaint.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 130 - Civil Service and Human Capital Modernization Rules › Subchapter 5 - Jurisdiction, Rights and Processes › Section 260:130-5-5 - Notice of complaint rights

Current through Vol. 41, No. 20, July 1, 2024
When a state employee receives a written reprimand, punitive
				  transfer or is suspended without pay, involuntarily demoted, or terminated, the
				  state employee shall be provided:
(1)
				notice of the right to file a complaint with the Civil Service Division, the
				time limits for receipt of the complaint and the method and location for filing
				a complaint
(2) a citation of the
				statute, rule, policy, employee handbook, procedure or practice under which the
				action was taken; and
(3) a copy of
				the Civil Service Division's complaint petition.