Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 7 - Procurement › Part 3 - REQUIREMENTS FOR ACQUISITIONS › Section 260:115-7-15 - Acquisitions over $25,000.00 and not exceeding $50,000.00

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basic requirements.
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 make
				  acquisitions exceeding $25,000.00 but not exceeding $50,000.00 in accordance
				  with this section, by means of a formal method of competitive solicitation,
				  i.e. sealed bid solicitations.
(b)
Acquisition preparation.
The state agency shall prepare and
				  document the state agency's specifications for an acquisition. The state agency
				  shall provide the specifications, terms and conditions for the acquisition to
				  each supplier selected for notification. Whenever the state agency issues a
				  solicitation for acquisition by invitation to bid or request for proposal, the
				  agency shall develop evaluation criteria for the acquisition prior to bid
				  opening.
(c)
Supplier
				  selection.
(1) The state agency shall
				  solicit all registered suppliers in the appropriate commodity classification
				  from the Supplier List along with any other suppliers identified by the state
				  agency. Suppliers that have been suspended or debarred by the State Purchasing
				  Director or the Federal government shall not be awarded a contract.
(2) State agencies shall solicit prices and
				  delivery dates by means of sealed bid using mail or electronic commerce. The
				  suppliers shall provide pricing and delivery dates in accordance with the
				  requirements of the solicitation.
(3) The state agency shall make a written
				  evaluation of criteria considered in selection of the supplier for the
				  acquisition. The written evaluation shall be placed in the acquisition file.
				  When a selection has been made, the state agency shall notify the supplier of
				  the award.
(4) All awards shall be
				  based on lowest and best or best value criteria.
(5) Certifications, verifications and other
				  required documents.
(A)
Non-collusion
				  certification.
Pursuant to requirements in 74 O.S. §85.22, a
				  non-collusion certification shall be included with any competitive bid and/or
				  contract submitted to the State for goods or services. The certification shall
				  have an authorized signature of the supplier certifying the non-collusion
				  statement with full knowledge and acceptance of all its provisions.
(B)
Sales Tax Permit
				  Verification.
Prior to the award of a contract, the state agency must
				  verify that the supplier has obtained a current sales tax permit in accordance
				  with the laws of Oklahoma. Documentation of verification of a current sales tax
				  permit, which must be a copy of the sales tax permit, the supplier's
				  explanation of exemption, or confirmation of the permit's status obtained from
				  the Oklahoma Tax Commission, must be filed in the acquisition file.
(C)
Certifications for services
				  contracts.
Additional documents required to be included in contracts for
				  professional or nonprofessional services include:
(i) If the final product of a professional
				  services contract is a written proposal, report or study, the supplier shall
				  include a statement certifying that the supplier has not previously provided a
				  substantial duplication of the final product to the state agency or another
				  state agency. [Reference 74 O.S. §85.41]
(ii) An acquisition for professional or
				  nonprofessional services must include statutory language required by the
				  Oklahoma Central Purchasing Act as a term of the requisition or contract and
				  must be signed by the chief administrative officer of the agency or the chief
				  administrative officer of the requisitioning unit certifying compliance with
				  the Act. [Reference 74 O.S. §85.4]
(iii) Each contract for services shall
				  include a statement certifying that no person who has been involved in any
				  manner in the development of that contract while employed by the State of
				  Oklahoma shall be employed to fulfill any of the services provided for under
				  said contract. [Reference 74 O.S. §85.42]
(D)
Bonds and sureties.
The
				  solicitation may require bidders to submit a bid bond, performance bond, or
				  other type of approved surety with the bid.
(i) Form of bond. The bid bond, performance
				  bond or other type of surety shall be subject to the approval of the acquiring
				  state agency. For bonds requiring a cash deposit, the amount specified by the
				  acquiring state agency shall be paid by certified check or cashiers check.
(ii) Irrevocable letter of credit.
				  In lieu of bonds specified in this subsection, the acquiring state agency may
				  approve submission of an irrevocable letter of credit.
(iii) Bond or surety return. When the
				  acquiring state agency specifies a bid contain a bid bond, performance bond, or
				  other type of surety, the state agency shall retain the bond or surety until
				  the successful completion of the purpose for which the bond or surety was
				  drawn.
(E)
Verification of registration and status with Secretary of State.
Prior to the award of a contract, the acquiring state agency must verify,
				  pursuant to applicable provisions of law, that the supplier is registered with
				  the Secretary of State and franchise tax payment status pursuant to 68 O.S.
				  §1203 and §1204. Documentation of verification of registration and
				  status with the Secretary of State must include, at a minimum, a copy of the
				  entity summary information from the Secretary of State's website or the
				  supplier's statement providing specific details supporting the exemption
				  claimed, must be filed in the acquisition file.