reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 1 - General Provisions › Section 260:115-1-8 - Contract management fee, levy or rebate

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 74 O.S. §
									85.33A,
				  the State Purchasing Director may enter into or award contracts that provide a
				  contract management fee, levy or rebate to OMES. The State Purchasing Director
				  may negotiate a contract management fee whenever it is in the best interest of
				  the state and the Office. All monies received from fees, levies or rebates
				  shall be deposited in the Contract Management Revolving Fund established by 74
				  O.S. §
									85.33A.
				  For the purposes of this section, "State Purchasing Director" does not include
				  personnel of state agencies to whom the State Purchasing Director has delegated
				  authority.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter provides information,
				requirements and procedures for suppliers who desire to sell products or
				services to Oklahoma state agencies. It is the policy of the State to purchase
				goods and services from suppliers through a competitive selection process that
				is fair, open and objective in order to achieve optimum value, quality and
				serve the best interest of the taxpayers in accordance with Oklahoma laws and
				OMES rules.
(b) Each subchapter of
				this Chapter contains information and requirements related to state agency
				procurement. It is beneficial and the responsibility of a supplier to become
				familiar with all rules of this Chapter to ensure compliance with the Central
				Purchasing Act and other laws governing state agency procurement.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-3 - Supplier registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
Unless otherwise specified, supplier registration
				pursuant to this section provides a supplier with automatic notification of bid
				opportunities but is not required for a supplier to respond to a solicitation.
				Automatic notification is dependent upon a supplier providing the Office of
				Management and Enterprise Services valid and up-to-date information. Supplier
				registration is required for any supplier selected for award or renewal of a
				contract pursuant to the Central Purchasing Act and these rules. For the
				purposes of this section, "State Purchasing Director" does not include
				personnel of state agencies to whom the State Purchasing Director has delegated
				authority.
(1) Suppliers may be required to
				prequalify for the purpose of responding to online solicitations.
(2) Suppliers shall prequalify in accordance
				with procedures established by the State Purchasing Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-5 - Procurement ethics - prohibited conduct

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard of conduct.
The
				Oklahoma Central Purchasing Act, State Ethics Commission rules and other state
				laws contain regulations, prohibitions and penalties governing procurement
				ethics. Transactions relating to the public expenditure of funds require the
				highest degree of public trust and impeccable standards of conduct.
(b)
Supplier gratuities.
A
				supplier or any prospective supplier shall not give or donate anything of value
				to the State Purchasing Director or any state employee or agent of the State
				Purchasing Director, acting within the scope of delegated authority, or any
				member of the immediate family of the State Purchasing Director or any state
				employee or agent of the State Purchasing Director, acting within the scope of
				delegated authority. This subsection shall not apply to exceptions to the
				definition of "anything of value" established in rules promulgated by the
				Oklahoma Ethics Commission. [Reference 74 O.S. §
									85.13
				]
(c)
State Purchasing
				Director action upon supplier violation.
(1) The State Purchasing Director shall
				suspend or debar a supplier determined to be in violation of provisions of this
				section.
(2) The State Purchasing
				Director shall reject bids submitted by any supplier determined to be in
				violation of provisions of this section.
(3) The State Purchasing Director may
				terminate a contract with any supplier determined to be in violation of
				provisions of this section, if the termination shall be in the best interest of
				the State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-7 - Bid preparation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form
				requirements.
The bidder shall complete and submit all required forms as
				specified by the solicitation.
(1)
				Information the bidder submits shall be legibly hand written, typewritten,
				printed or electronically conveyed.
(2) Should the bidder alter the form or bid
				information, the bidder shall initial each alteration.
(3) Any form requiring a bidder's signature
				submitted to the OMES shall have an authorized signature.
(4) If a form specifies notarization, the
				form shall bear the signature and seal of a licensed Notary Public in the
				manner specified by the laws of the bidder's state.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-9 - Bid documents open for public inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) Documents a bidder submits in a response
				to a solicitation are public records and shall be available for review, upon
				request, only after a supplier is selected and the contract is awarded. An
				electronic quote, bid or proposal submitted through an online solicitation
				process is subject to the same public disclosure laws. Such requests must
				comply with the Oklahoma Open Records Act, 51 O.S. § 24A.1. et
				seq.
(b) If the bidder submits
				information in a response to a solicitation that the bidder considers
				confidential or proprietary, the bidder shall:
(1) specifically identify what information is
				confidential or proprietary upon each page containing confidential or
				proprietary information;
(2)
				enumerate the specific grounds, based on applicable laws which support
				treatment of the material as exempt from disclosure, and explain why disclosure
				is not in the best interest to the public; and
(3) conspicuously mark on the outside of the
				bid packet to indicate it contains confidential information.
(4) submit all such documents, materials, and
				information under separate cover. Failure to comply with this requirement may
				result in the State Purchasing Director's decision to not consider bidder's
				confidential or proprietary claim.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-11 - Bid submission

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submission location.
Bidders shall submit bids to the location the
				solicitation specifies.
(b)
Bid submission contents.
Bidders shall submit all forms, documents
				and contents required by a solicitation as instructed in the solicitation. The
				legal name and complete address of the bidder, solicitation number and closing
				date shall be prominently displayed on each item submitted as specified in the
				solicitation.
(c)
Submission
				of non-collusion certification.
The certification shall have an
				authorized signature certifying the non-collusion statement.
(d)
Bid receipt.
Upon receipt,
				the acquiring state agency shall clearly mark the outside of all envelopes or
				containers with the receipt date and time. Electronic submission of bids, when
				allowed, must be submitted in such a manner that the time and date of
				submission is electronically linked to the bid and cannot be changed.
(e)
Late bids.
The
				State Purchasing Director shall reject all bids or proposals received after the
				closing date and timeunless the State Purchasing Director has authorized
				acceptance of bids due to a significant error or incident that occurred which
				affected the receipt of a bid. Electronic bids solicited by online bidding may
				be accepted after the closing date and time only if the State Purchasing
				Director has authorized acceptance of bids due to a significant error or
				incident that occurred which affected the electronic receipt of an online bid.
				Unless opened for identification, bids received late will be returned unopened
				in a timely manner.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-13 - Bid withdrawal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Bid
				withdrawal before closing date.
A bidder who desires to withdraw a bid
				prior to the closing date shall submit to the State Purchasing Director a
				written withdrawal request created on the bidder's company letterhead and
				signed by the bidder's authorized representative. The withdrawal request must
				identify the requested method of return of the proposal, the person authorized
				to receive the returned bid, the bidder's name, solicitation number and closing
				date.
(1) If the bid is to be returned via
				U.S. Postal Service or other small package carrier, the bidder must provide a
				method for return shipping charges.
(2) If the bid will be withdrawn in person,
				the person must provide personal identification to validate they are the person
				identified in the withdrawal request. After confirmation of identity, the
				person accepting the withdrawn bid shall sign a receipt for the bid.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-15 - Change to a submitted bid

Current through Vol. 41, No. 20, July 1, 2024
A bidder who desires to change a bid submitted to a state
				  agency shall withdraw the submitted bid and submit another bid before the
				  closing date.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-17 - Contract award

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time of
				award.
The contract award shall be made upon completion of bid
				evaluation and associated administrative tasks necessary to complete the
				acquisition. State agency personnel shall not announce or reveal their decision
				regarding supplier evaluation or recommendation for award in any public manner
				or forum, until the State Purchasing Director has issued the award of
				contract.
(b)
Reasons for bid
				rejection.
The State Purchasing Director may reject a bid when the bid
				is determined to be non-responsive or the bid is from a supplier who is not
				responsible, for reasons included, but not limited to, those listed in Section
				260:115-7-32.
(c)
Notification of successful
				bidder.
The State Purchasing Director shall notify the successful bidder
				within five (5) business days of the contract award.
(d)
Public inspection.
The
				evaluation documentation shall be open for public inspection, upon request,
				following contract award.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-21 - Supplier suspension from Supplier List

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cause for suspension.
The
				State Purchasing Director may suspend a supplier in accordance with this
				section. The State Purchasing Director may serve upon the supplier a notice to
				show cause why the supplier should not be suspended. For the purposes of this
				section, "State Purchasing Director" does not include personnel of state
				agencies to whom the State Purchasing Director has delegated authority. The
				suspension shall be for a period of time not to exceed one (1) year for any of
				the following reasons:
(1) a supplier fails
				to post or allows to expire a bid bond, performance bond, or surety bond,
				required by a solicitation;
(2) a
				supplier fails to perform pursuant to the contract;
(3) a supplier provides acquisitions that
				fail to meet the requirements of the contract;
(4) a supplier fails to deliver an
				acquisition pursuant to the contract;
(5) a supplier fails to timely replace at the
				supplier's expense acquisitions that fail to meet the requirements of the
				contract or that have latent defects;
(6) a supplier provides the State Purchasing
				Director with false, misleading, inaccurate, materially deficient or incomplete
				information on a bidder registration form;
(7) a supplier fails to keep a bid firm for
				the period specified in the solicitation after the solicitation closing date;
(8) a supplier fails to resolve a
				dispute with a state agency;
(9)
				upon the final decision by the appropriate regulatory authority or court of
				competent jurisdiction that a supplier engaged in discriminatory practices;
(10) a supplier misrepresents,
				fails to provide, or allows to expire a professional certification required by
				the solicitation;
(11) a supplier
				colludes with other suppliers to restrain competitive bidding;
(12) a supplier provides a state employee
				with a kickback;
(13) the State
				Purchasing Director determines, in his or her sole discretion, that a supplier
				is no longer responsible or qualified to do business with the State of
				Oklahoma;
(14) a supplier violates
				any provision of the Oklahoma Central Purchasing Act;
(15) any other reason the State Purchasing
				Director determines appropriate.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 3 - Supplier Provisions › Section 260:115-3-23 - Supplier debarment

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cause for
				debarment.
The State Purchasing Director may debar a supplier and revoke
				the supplier's authority to be included on the Supplier List, to be eligible to
				submit bids to state agencies, to be awarded a contract by a state agency
				subject to the Central Purchasing Act and cancel any existing contracts with
				the State of Oklahoma. The State Purchasing Director may serve upon the
				supplier a notice to show cause why the supplier should not be debarred. For
				the purposes of this section, "State Purchasing Director" does not include
				employees of state agencies to whom the State Purchasing Director has delegated
				authority. The debarment shall be for a period of no more than three (3) years.
				Debarment shall be for any of the following reasons:
(1) conviction of an individual or business
				entity guilty of a felony involving fraud, bribery or corruption;
(2) conviction of an individual or business
				entity of a misdemeanor involving a gift, donation or gratuity an individual or
				business entity gives to an official of the Office of Management and Enterprise
				Services, an immediate family member of an official of the Office of Management
				and Enterprise Services, or any state employee or agent of the State Purchasing
				Director, acting within the scope of delegated authority;
(3) conviction of an individual or business
				entity of a felony involving the Anti-Kickback Act of 1974; or,
(4) debarment by federal government entities.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to provide state agencies
				  and certified procurement officers with information and procedures to achieve
				  consistent and effective procurement practices resulting in quality,
				  cost-saving acquisitions that serve the best interests of the state. In
				  addition to the rules of this Chapter, state agencies and certified procurement
				  officers shall comply with provisions of the Oklahoma Central Purchasing Act,
				  statutes relating to the State Use Committee, and all other state laws and
				  rules, as applicable or as required for state agency
				  acquisitions.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-5 - Procurement ethics - prohibited conduct

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard of conduct.
The
				Oklahoma Central Purchasing Act, State Ethics Commission rules and other state
				laws contain regulations, prohibitions and penalties governing procurement
				ethics. Transactions relating to the public expenditure of funds require the
				highest degree of public trust and impeccable standards of conduct.
(b)
One year limitation for certain
				contracts.
Unless otherwise provided by law, a state agency is
				prohibited from entering into a sole source contract, a professional service
				contract or a contract for the services of any person, who has terminated
				employment with or who has been terminated by that agency for one (1) year
				after the termination date of the employee from the agency. [Reference 74 O.S.
				§
									85.42(A)
				] An agency may enter into a sole source contract or a contract for
				professional services at any time with a person who is a qualified interpreter
				for the deaf. [Reference 74 O.S. §
									85.42(D)
				].
(c)
Supplier
				gratuities.
The State Purchasing Director and any state employee or
				agent of the State Purchasing Director, acting within the scope of delegated
				authority, or any member of their immediate family, under the Oklahoma Central
				Purchasing Act shall not accept any gift, donation, or gratuity for himself or
				any member of his immediate family from any supplier or prospective supplier of
				any acquisition covered by the Oklahoma Central Purchasing Act. This subsection
				shall not apply to exceptions to the definition of "anything of value"
				established in rules promulgated by the Oklahoma Ethics Commission. [Reference
				74 O.S. §
									85.13
				]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-9 - Retention of state agency acquisition records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Retention time period.
A
				state agency shall retain all records relative to acquisitions and contracts as
				follows:
(1)
Acquisitions independently
				processed by agency.
Retain documents for the duration of the contract
				term and for a period of seven (7) years following completion and/or
				termination of the acquisition, provided all audits have been completed, all
				applicable audit reports have been accepted and resolved by all applicable
				federal and state agencies, and provided no legal actions are pending. If an
				audit, litigation, or other action involving such records is started before the
				end of the seven (7) year period, the records shall be maintained for two (2)
				years from the date all issues arising from the action are resolved or until
				the end of the seven (7) year retention period, whichever is later;
				and,
(2)
Acquisition
				documents submitted to Central Purchasing Division for processing.
Retain documents until one (1) year after all audits have been completed and
				all applicable audit reports have been accepted and resolved by all applicable
				federal and state agencies and provided no legal actions are pending, then
				destroy. If legal action is pending destroy two (2) years after exhaustion of
				all legal remedies.
(3)
Acquisition documents processed by Central Purchasing Division.
The Central Purchasing Division shall retain documents for the duration of the
				contract term and for a period of seven (7) years following completion and/or
				termination of the acquisition, provided all audits have been completed, all
				applicable audit reports have been accepted and resolved by all applicable
				federal and state agencies, and provided no legal actions are pending. If an
				audit, litigation, or other action involving such records is started before the
				end of the seven (7) year period, the records shall be maintained for two (2)
				years from the date all issues arising from the action are resolved or until
				the end of the seven (7) year retention period, whichever is
				later.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-11 - State agency acquisitions

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				state agency shall submit a requisition to the State Purchasing Director for
				each of its acquisitions, whenever:
(1) the
				agency does not have a CPO and/or approved internal purchasing procedures
				pursuant to the requirements of
				260:115-5-3 and
				260:115-5-7 and an acquisition
				exceeds Five Thousand Dollars ($5,000.00);
(2) the agency's acquisition authority has
				been reduced by the OMES Director and the acquisition exceeds the dollar amount
				of the reduced acquisition authority; or,
(3) an acquisition exceeds the state agency's
				acquisition authority.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-13 - Authorized signatures for state agency procurement

Current through Vol. 41, No. 20, July 1, 2024
(a) State agencies shall provide the State
				Purchasing Director with a current Authorized Signature Form. The form shall be
				dated and identify the name, title, and signature of those individuals
				designated by the appointing authority to sign and approve requisitions, sole
				source certifications, change order requests, and surplus property transactions
				that may be submitted to the State Purchasing Director. To notify the State
				Purchasing Director a designation no longer exists, the form shall be dated and
				identify the name and title of those individuals who are no longer designated
				by the appointing authority to sign and approve requisitions, sole source
				certifications, change order requests and surplus property transactions. The
				State Agency shall submit an updated form to the State Purchasing Director
				within 30 days of any change in the authorized signatures.
(b) State agencies shall also maintain a list
				of individuals designated by the appointing authority to sign and approve
				requisitions, sole source certifications, change order requests, and purchase
				orders for acquisitions within the agency's approved acquisition authority. The
				list shall include the name, title, and signature of each individual, the
				effective date of their signature authorization and ending date of the
				authorization, when applicable. The agency shall maintain a file of the
				signature authority lists in the location of the agency's centralized
				procurement records, and shall be available to the State Purchasing Director,
				upon request.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-15 - Agency savings reporting

Current through Vol. 41, No. 20, July 1, 2024
On September 1 of each year , the chief administrative
				  officer of each state agency shall submit an electronic report to the State
				  Purchasing Director listing savings realized by the agency in the previous
				  fiscal year through the application of best spend practices. The September 1 st
				  date is within the State Purchasing Director's discretion to change. If such
				  date is changed, the State Purchasing Director shall provide state agencies
				  with advance written notice six months prior to the new date the electronic
				  reports are due. The State Purchasing Director will define the report content
				  required to collect savings data from state agencies, which will include but
				  may not be limited to:
(1) total spend
				by commodity; and
(2) participation
				in mandatory statewide contracts.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-17 - Ratification of an unauthorized commitment

Current through Vol. 41, No. 20, July 1, 2024
If a state agency makes an unauthorized commitment on behalf
				  of the state to a supplier, the state may, if in the best interest of the
				  state, ratify the commitment.
(1)
State agency actions.
The chief administrative officer of the
				state agency shall approve or disapprove a ratification request.
(A)
Chief administrative officer
				approves request.
If the chief administrative officer approves the
				request, the state agency shall perform steps as follows:
(i) The state agency shall negotiate a
				proposal for a ratification agreement with the supplier.
(ii) The chief administrative officer shall
				document facts and circumstances of the unauthorized commitment.
(iii) The chief administrative officer shall
				sign the proposed ratification agreement. (iv)The chief administrative officer
				shall provide a copy of the ratification agreement and, upon request, the
				supporting documents to the State Purchasing Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-19 - Audits of state agencies

Current through Vol. 41, No. 20, July 1, 2024
The State Purchasing Director shall review state agency
				  acquisitions to ensure state agency compliance with provisions of the Oklahoma
				  Central Purchasing Act, promulgated rules of the Office of Management and
				  Enterprise Services, provisions of 74 O.S. §
									3001
				  through §3010, other laws of the State of Oklahoma, and the state agency's
				  approved internal purchasing procedures. If the State Purchasing Director finds
				  state agency procurement practice deficiencies, the State Purchasing Director
				  shall report the findings to the OMES Director.
(1)
Audit notification.
OMES
				shall notify the state agency of all scheduled audits.
(2)
State agency
				responsibilities.
(A) The state agency
				shall provide work space for the audit team.
(B) The state agency shall provide records
				for acquisitions for the audit period.
(C) The state agency shall make the state
				agency's CPO available to assist the audit team.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 5 - State Agency Provisions › Section 260:115-5-21 - Procedures for state agency privatization contracts

Current through Vol. 41, No. 20, July 1, 2024
A state agency desiring to contract to privatize a function,
				  program, service, unit or division valued at One Million Dollars
				  ($1,000,000.00) or more shall be subject to the Oklahoma Privatization of State
				  Functions Act [Reference 74 O.S. §§588.1 et seq] and the
				  privatization contract procedures established by the State Purchasing Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 1 - GENERAL PROCUREMENT › Section 260:115-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to provide information
					 and requirements for state agencies subject to the Central Purchasing Act, in
					 order to establish fair and consistent procurement practices. All state
					 agencies are responsible for knowing the requirements of this subchapter.
					 Suppliers are encouraged to become knowledgeable in state procurement practices
					 to expedite transacting business with the state.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 1 - GENERAL PROCUREMENT › Section 260:115-7-3 - State agency acquisitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
State
				  Use Committee.
State Use Committee contracts are mandatory contracts
				  provided the conditions of 74 O.S. §3007(A) are satisfied. If an
				  acquisition is available from both the State Use Committee procurement schedule
				  and the Oklahoma Correctional Industries, the state agency shall make the
				  acquisition from the State Use Committee procurement schedule. 74 O.S.
				  §3001 et seq.
(b)
Oklahoma Correctional Industries.
If an acquisition is not
				  available from the State Use Committee, pursuant to 74 O.S. §3007(A) state
				  agencies shall make acquisitions from the Oklahoma Correctional Industries
				  ("OCI") provided the conditions of 57 O.S. §549.1 are satisfied. If OCI is
				  unable to meet state agency requirements for an acquisition even though the
				  acquisition is listed in its distributed catalog or on its website, OCI shall
				  certify to the State Purchasing Director that it is not able to provide the
				  acquisition.
(c)
Statewide
				  Contracts.
The State Purchasing Director shall designate statewide
				  contracts as mandatory or non-mandatory.
(1)
Mandatory statewide contract.
The State Purchasing Director may
				  designate a statewide contract for mandatory use. State agencies shall make
				  acquisitions from mandatory statewide contracts regardless of the acquisition
				  purchase price unless the State Purchasing Director provides prior written
				  approval of an acquisition from another supplier. A state agency may submit a
				  written request to the State Purchasing Director to waive requirements for a
				  state agency's use of a mandatory statewide contract for acquisitions. The
				  State Purchasing Director shall grant exceptions prior to a state agency making
				  the acquisition from another supplier.
(2)
Non-mandatory statewide
				  contracts.
State agencies are encouraged to use non- mandatory statewide
				  contracts. Whenever a state agency acquires a product or service from an
				  alternate source, the acquisition shall be made in accordance with the Central
				  Purchasing Act, the rules of this chapter and any other laws and rules
				  applicable to the acquisition.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 1 - GENERAL PROCUREMENT › Section 260:115-7-5 - Split purchases

Current through Vol. 41, No. 20, July 1, 2024
State agencies shall not make split purchases for the
					 purposes of evading their approved dollar threshold for competitive bids. Split
					 purchasing for the purpose of evading competitive bidding requirements is a
					 felony. [Reference 74 O.S. §
										85.7(A)(2)(a)
					 ]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-11 - Acquisitions not exceeding $5,000.00

Current through Vol. 41, No. 20, July 1, 2024
State agencies shall make open market acquisitions not
					 exceeding $5,000.00 provided the acquisition process is fair and
					 reasonable.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-17 - Acquisitions over $50,000.00 and not exceeding $100,000.00

Current through Vol. 41, No. 20, July 1, 2024
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 send a written request to the State Purchasing Director to request
					 acquisition authority exceeding $50,000.00 but not exceeding $100,000.00. The
					 State Purchasing Director shall consider the agency's internal purchasing
					 procedures, procurement training and certifications of the agency's procurement
					 staff, and any other information deemed necessary by the State Purchasing
					 Director to make the determination to approve or disapprove the request. If
					 approved, the agency shall:
(1) make
				  all acquisitions within this acquisition authority pursuant to 74 O.S. §
										85.7,
				  any other applicable state laws and rules, including Section
				  260:115-7-15;
(2) award all contracts based on lowest and
				  best or best value criteria; and,
(3) solicit all suppliers in the appropriate
				  commodity classification from the Supplier List along with any other suppliers
				  identified by the state agency using solicitation forms prescribed by the OMES
				  Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-23 - State agency acquisitions processed by the Central Purchasing Division

Current through Vol. 41, No. 20, July 1, 2024
A state agency submitting requisitions to the Central
					 Purchasing Division pursuant to 260:115- 5-11 shall comply with this section.
					 For the purposes of this section, "State Purchasing Director" does not include
					 personnel of state agencies to whom the State Purchasing Director has delegated
					 authority.
(1)
Forms.
State agencies shall use forms for requisitions provided or approved by the
				  State Purchasing Director.
(2)
Services requisition requirements.
If the state agency
				  requisitions professional or nonprofessional services, the state agency shall
				  submit a requisition or contract, which includes applicable statutory language
				  required by the Oklahoma Central Purchasing Act, 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
				  ]
(3)
Evaluation
				  Criteria.
An agency shall include written criteria necessary to evaluate
				  a supplier's response to a solicitation such as technical scope, cost,
				  experience, references etc.
(4)
Additional requisition information.
The State Purchasing Director
				  may require a state agency to submit additional information with a
				  requisition.
(5)
Requisition
				  acceptance or rejection.
The State Purchasing Director shall accept or
				  reject a state agency's requisition. The State Purchasing Director shall notify
				  the state agency if the State Purchasing Director rejects a
				  requisition.
(6)
Competitive
				  bid evaluation.
The State Purchasing Director shall evaluate bids and
				  may request assistance of the state agency.
(7)
Competitive bid award.
The
				  State Purchasing Director shall award a contract, as the solicitation
				  specifies, to the responsible bidder that provides the lowest and best, or best
				  value bid.
(8)
State agency
				  notification.
The State Purchasing Director shall notify the state
				  agency of the successful bidder by purchase order following the award of
				  contract.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-25 - Acquisition limitation exception

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				  state agency making an acquisition pursuant to 74 O.S. §
										85.5(T)
				  must have an internal CPO and approved internal purchasing procedures pursuant
				  to the requirements of
				  260:115-5-3
				  and
				  260:115-5-7,
				  in addition to the subject matter experts, legal and procurement staff required
				  by law.
(b) Prior to making an
				  acquisition pursuant to this section, a state agency shall submit in writing to
				  the OMES Director, a statement of the agency's intent to make an acquisition
				  pursuant to 74 O.S. §
										85.5(T).
				  The agency may only proceed with the acquisition upon receipt of certification
				  by the OMES Director that the proposed purchase does not conflict with
				  consolidated statewide spend initiatives.
(c) Agencies making an acquisition pursuant
				  to this section shall comply with 74 O.S. §
										85.7,
				  the rules of this Chapter and any other applicable state laws and
				  rules.
(d) An agency shall submit a
				  report in electronic format to the State Purchasing Director on a quarterly
				  basis, which lists all contracts issued pursuant to this section. The report
				  shall be submitted by the 5th business day of each new quarter.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 5 - COMPETITIVE SEALED SOLICITATIONS › Section 260:115-7-30 - Competitive sealed solicitations

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The State Purchasing Director shall utilize a competitive
				  sealed solicitation as required by state law and rules of this Chapter or when
				  it is determined by the acquiring agency to be in the best interest of the
				  state. Competitive sealed solicitations for acquisitions shall be issued by
				  invitation to bid, request for proposal or request for quotation.
(b)
Solicitation contents.
The
				  solicitation shall indicate all information the supplier shall submit with the
				  supplier's bid.
(c)
Supplier
				  notification.
(1)
Registered
				  suppliers.
The State Purchasing Director shall notify suppliers of
				  solicitations for commodities for which the supplier registers. Notification is
				  dependent upon a supplier providing the Office of Management and Enterprise
				  Services valid and up-to-date information.
(2)
Suppliers a state agency
				  recommends.
The State Purchasing Director will also notify suppliers
				  recommended by a state agency for a solicitation.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 5 - COMPETITIVE SEALED SOLICITATIONS › Section 260:115-7-32 - Bid evaluation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Evaluation criteria and documentation.
The State Purchasing
				  Director shall develop evaluation criteria to be included in a solicitation,
				  which will be considered during the evaluation of bids.
(b)
Evaluation scoring tool.
Any
				  evaluation scoring tool utilized shall be consistent with the evaluation
				  criteria contained in the solicitation.
(c)
Documentation.
Evaluation of
				  the bids shall be documented and filed in the acquisition file.
(1)
Lowest and best bid.
If the
				  State Purchasing Director specifies in the solicitation that the bid evaluation
				  criteria is lowest and best, the State Purchasing Director shall consider
				  criteria the Oklahoma Central Purchasing Act specifies to determine the lowest
				  and best bid. [Reference 74 O.S. §
											85.2
				  ]
(2)
Best value bid.
If the State Purchasing Director specifies in the solicitation that the bid
				  evaluation methodology is best value, the State Purchasing Director shall
				  develop and apply criteria consistent with 74 O.S. §
											85.2.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 5 - COMPETITIVE SEALED SOLICITATIONS › Section 260:115-7-34 - Contract negotiation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Negotiation.
The State Purchasing Director may negotiate contracts
				  by following the rules for negotiation in this section. Negotiations may be
				  conducted with one or more suppliers. A state agency may conduct negotiations
				  for acquisitions within the state agency's approved dollar threshold and shall
				  follow the rules for negotiation in this section.
(b)
Negotiation team.
(1) A state agency may request assistance
				  from the State Purchasing Director when conducting negotiations, which may
				  include a request for the designation of a negotiator or negotiation
				  team.
(2) The State Purchasing
				  Director or designee shall serve as the lead negotiator for a team when
				  negotiations are being conducted for solicitations issued by Central
				  Purchasing.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 5 - COMPETITIVE SEALED SOLICITATIONS › Section 260:115-7-36 - Contract award

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time of
				  award.
The State Purchasing Director shall not make a contract award at
				  a bid opening. The contract award shall be made upon completion of the
				  following:
(1) bid evaluation;
(2) documentation of evaluation on each
				  bid;
(3) determination of the
				  lowest and best or best value bidder;
(4) verification of Oklahoma and Federal
				  debarment status;
(5) verification,
				  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, whenever the contract amount is Twenty-five Thousand Dollars
				  ($25,000.00) or greater;
(6)
				  verification with the Oklahoma Tax Commission that the business entity to which
				  the state contract is to be awarded, has obtained a sales tax permit pursuant
				  to 68 O.S. §
											1364 if
				  such entity is required to do so;
(7) coordination of award with the
				  requisitioning state agency, if applicable; and
(8) completion of any administrative
				  tasks.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 7 - ADDITIONAL PROCUREMENT INFORMATION › Section 260:115-7-40 - Fixed and uniform rate contract

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  "Any acquisition of a service which the Office of Management and Enterprise
				  Services has approved as qualifying for a fixed and uniform rate shall be made
				  pursuant to provisions . . . " of 74 O.S. §
										85.7
				  and procedures required by the Office of Management and Enterprise Services.
				  [Reference 74 O.S. §
										85.7 ]
				  The OMES Director must approve a services contract, prior to award, as
				  qualifying for a fixed and uniform rate.
(b) Fixed and uniform rate contracts shall be
				  limited to contracts for those services furnished to persons directly
				  benefiting from such services and shall not be used by a state agency to employ
				  consultants or to make other acquisitions. [Reference 74 O.S. §
										85.7
				  ]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 7 - ADDITIONAL PROCUREMENT INFORMATION › Section 260:115-7-41 - Acquiring utility services

Current through Vol. 41, No. 20, July 1, 2024
State agencies may obtain required electrical, gas, water
					 or sewer utility services from sources of supply which are most advantageous to
					 the agency if competition is not present or practical.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 7 - ADDITIONAL PROCUREMENT INFORMATION › Section 260:115-7-42 - Recycled materials

Current through Vol. 41, No. 20, July 1, 2024
State agencies shall procure products or materials with
					 recycled content as stated in the Oklahoma State Recycling and Recycled
					 Material Procurement Act, when such products or materials are available and
					 practical. Upon request, the State Purchasing Director shall supply information
					 regarding acquisitions that contain recycled materials to a state
					 agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 7 - ADDITIONAL PROCUREMENT INFORMATION › Section 260:115-7-44 - Trade-ins

Current through Vol. 41, No. 20, July 1, 2024
State agencies may trade in items when they make an
					 acquisition of a like item. The state agency shall determine fair market value
					 for the trade-in item and receive that amount or more as credit on the purchase
					 price of the acquisition. Written documentation of the fair market value
					 analysis shall be filed in the acquisition file by the state agency. The state
					 agency may seek advice from the State Purchasing Director to determine fair
					 market value of the trade-in.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 7 - ADDITIONAL PROCUREMENT INFORMATION › Section 260:115-7-46 - State travel

Current through Vol. 41, No. 20, July 1, 2024
The State Travel Office is within the Central Purchasing
					 Division and awards contracts for travel and travel services. State agencies
					 shall make travel arrangements through the statewide travel supplier for
					 commercial air travel for state employees in the course of official duties or
					 for persons traveling at state expense.
(1)
State agency travel
				  arranger.
The State Purchasing Director encourages state agencies to
				  appoint one or more travel arrangers. The arrangers shall book air travel for
				  the state agency except in case of an emergency. If the state agency appoints a
				  travel arrangers, the state agency shall notify the Travel Office and provide
				  the arranger's name, mailing address, telephone number, and email
				  address.
(2)
Airline ticket
				  purchases exceptions.
The state agency shall determine when an exception
				  to airline ticket purchase shall apply. The state agency shall retain documents
				  the state agency used in exception determination as required by internal
				  purchasing procedures established pursuant to
				  260:115-5-7.
				  Exception documentation shall be made available per the State of Oklahoma
				  Policy and Procedures for Purchase Card and Online Booking Tool.
(A) If the state agency can acquire air
				  travel at less cost than the contract travel agency, the state agency may use
				  this exception.
(B) If air travel
				  originates outside the state and it is impractical for the state agency, the
				  state agency may use this exception.
(C) If air travel is due to an emergency and
				  time does not permit use of the contract travel agency, the state agency may
				  use this exception.
(D) If air
				  travel is part of a package arrangement by an organization that schedules a
				  meeting or conference, the state agency may use this exception.