Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 115 - Procurement › Subchapter 1 - General Provisions › Section 260:115-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in 74 O.S., §85.2, the
				  following words or terms, when used in this Chapter shall have the following
				  meaning, unless the context clearly indicates otherwise:
"Acceptable Electronic Signature Technology"
means technology that is capable of creating a signature that is unique to the
				  person using it; is capable of verification, is under the sole control of the
				  person using it, and is linked to the data in such a manner that if the data is
				  changed, the electronic signature is invalidated.
"Acquisition authority"
means the dollar amount
				  within which a state agency is approved to make acquisitions without submitting
				  a requisition to the State Purchasing Director.
"Addendum"
means a written modification to a
				  contract.
"All or none bid"
means a bid in which the
				  bidder states only an award for all items or services included in the
				  solicitation will be accepted.
"All or none solicitation" "performance bond"
means a solicitation in which the state indicates it will award a contract to a
				  single supplier for all items or service included in the solicitation.
"Alteration"
means a modification a bidder makes
				  to a solicitation response prior to the response due date.
"Alternate bid"
or
"alternative
				  bid"
means a bid or proposal, which contains an intentional substantive
				  variation to a basic provision, specification, term or condition of the
				  solicitation.
"Amendment"
means a written change, addition,
				  correction, or revision to a solicitation made by the state agency responsible
				  for making the acquisition.
"Authorized signature"
means a manual,
				  electronic or digital signature or other identifier uniquely linked to a person
				  authorized to sign documents the supplier submits to the State Purchasing
				  Director.
"Best and Final Offer"
or
"BAFO"
means a final offer submitted in writing by a bidder based on the outcome of
				  negotiations.
"Bid bond",
or
"surety"
means a
				  form of surety or guaranty that the State Purchasing Director may require
				  bidders to submit with a bid.
"Bidder"
means an individual or business entity
				  that submits a bid or proposal in response to an invitation to bid or a request
				  for proposal. [74 O.S. §85.2] When used in this Chapter, bidder is
				  synonymous with a "supplier" or "vendor" responding to a solicitation.
"Business days"
means Monday through Friday and
				  is exclusive of weekends and Oklahoma state holidays.
"Central Purchasing Division"
means the Central
				  Purchasing Division of the Office of Management and Enterprise Services.
"Certified Procurement Officer"
or
"CPO"
means a state agency procurement official certified as a
				  procurement officer or analyst by the State Purchasing Director under the
				  provisions of the Oklahoma Central Purchasing Act.
"Chief Information Officer"
means the chief
				  administrative officer of the Information Services Division of the Office of
				  Management and Enterprise Services.
"Clarification"
means a bidder's explanation of
				  all or part of a bid that does not change, alter or supplement the bid.
"Closing date/time"
means the date and Central
				  Time a solicitation specifies responses are due.
"Commodity classification"
means numeric
				  designations the State Purchasing Director assigns to classify goods and
				  services into similar categories.
"Competitive solicitation"
means a process for
				  acquiring goods or services wherein bidders submit bids to the Central
				  Purchasing Division or a state agency pursuant to terms, conditions and other
				  requirements of a solicitation. The competitive solicitation process may be
				  electronic when the terms of the solicitation expressly permit electronic
				  submission and the requirements of applicable statutes and rules are met.
"Days"
means calendar days unless otherwise
				  specified.
"Debar"
or
"debarment"
means action
				  taken by the State Purchasing Director to exclude any business entity from
				  inclusion on the Supplier List, bidding, offering to bid, receiving an award of
				  contract with the State of Oklahoma for acquisitions by state agencies or a
				  contract the Office of Management and Enterprise Services awards or administers
				  and may also result in cancellation of existing contracts with the State of
				  Oklahoma.
"Director"
or
"OMES Director"
means
				  the Director of the Office of Management and Enterprise Services or his
				  designee.
"Electronic Signature"
means an electronic
				  sound, symbol, or process attached to or logically associated with a record and
				  executed or adopted by a person with the intent to sign the record. Unless
				  otherwise provided by this Chapter or law, an electronic signature may be used
				  to sign a document and shall have the same force and effect as a written
				  signature.
"Emergency acquisition"
means an acquisition
				  made by the State Purchasing Director or a state agency without seeking
				  competitive bids to relieve an unforeseen condition believed to place human
				  life or safety in imminent danger or threaten significant property interests
				  with imminent destruction; or, is a condition certified by the Governor as a
				  serious environmental situation. [Reference 74 O.S. §85.7]
"Firm bid"
means an offer by a bidder which
				  contains no conditions which may prevent acceptance and which, by its terms,
				  remains open and binding until the State Purchasing Director accepts or rejects
				  the bid.
"Fiscal year"
means the period of time from July
				  1 of a calendar year through June 30 of the succeeding calendar year.
"Forms"
means documents the OMES Director
				  prescribes and requires suppliers and state agencies to use to provide
				  information to OMES.
"Indefinite quantity contract"
means a contract
				  the State Purchasing Director, CIO, or a state agency establishes based on
				  historical usage of a service or product rather than a specified quantity of
				  said service or product and which does not obligate the State to purchase any
				  certain amount.
"Information Services Division"
means the
				  Information Services Division of the Office of Management and Enterprise
				  Services.
"Information technology"
or
"IT"
means any electronic information equipment or interconnected system that is
				  used in the acquisition, storage, manipulation, management, movement, control,
				  display, switching, interchange, transmission, or reception of data or
				  information, including audio, graphic, and text. [62 O.S. §34.29]
"Invitation to bid"
or
"ITB"
means
				  a type of solicitation a state agency or the State Purchasing Director sends to
				  suppliers to request submission of bids by suppliers for acquisitions.
"Invoice"
means to a proper invoice as defined
				  by the State Comptroller.
"Material deficiency"
or
"material
				  deviation"
means a supplier's failure to provide information necessary
				  to evaluate a solicitation.
"Minor deficiency"
or
"minor
				  informality"
means an immaterial defect in a bid or variation in a bid
				  from the exact requirements of a solicitation that may be corrected or waived
				  without prejudice to other bidders. A minor deficiency or informality does not
				  affect the price, quantity, quality, delivery or conformance to specifications
				  and is negligible in comparison to the total cost or scope of the acquisition.
"Multi-award"
means the award of a contract to
				  two or more suppliers to furnish an indefinite quantity or category of item,
				  where more than one supplier is needed to meet the contract requirements for
				  quantity, delivery, service or product compatibility.
"Non-collusion certification"
means a
				  certification submitted by a supplier with any competitive bid or contract
				  executed by the state for goods or services in accordance with 74 O.S.
				  §85.22.
"Non-responsive"
means a bid or proposal that
				  has been determined not to conform to essential requirements of a solicitation.
"Oklahoma Central Purchasing Act"
means 74 O.S.
				  §§85.1 et seq.
"Oklahoma Correctional Industries"
or
"OCI"
means a program of the State Department of Corrections for
				  utilization of inmate labor for the manufacture or production of items or
				  products for use by state agencies.
"Oklahoma Information Technology Accessibility
				  Standards"
or
"IT Accessibility Standards"
means the
				  accessibility standards adopted by the Office of Management and Enterprise
				  Services, to address all technical standard categories of Section 508 of the
				  Rehabilitation Act (
				  29 U.S.C.
				  794d ), as amended by the Workforce
				  Investment Act of 1998 ( P.L. 105-220, August 7, 1998)
				  to be used by each state agency in the procurement of information technology,
				  and in the development and implementation of custom-designed information
				  technology systems, web sites, and other emerging information technology
				  systems.
"Office of Management and Enterprise Services"
or
"Office"
or
"OMES"
means the Oklahoma Office of
				  Management and Enterprise Services.
"Online Bidding"
means an electronic procurement
				  process in which state agencies receive bids from vendors for goods, services,
				  construction, or information services over the Internet or other electronic
				  medium in a real-time, competitive bidding event.
"Procurement"
means buying, purchasing, renting,
				  leasing, or otherwise acquiring any goods or services. The term also means all
				  functions that pertain to the obtaining of any goods or services, including,
				  but not limited to, the description of requirements, selection, and
				  solicitation of sources, preparation and award of contracts, and all phases of
				  contract administration.
"Ratification of an unauthorized commitment"
means the act of approving an unauthorized commitment made by a state agency
				  and the written agreement documenting the approval.
"Reciprocity"
means a preference, which the
				  State Purchasing Director or state agency shall apply against the price
				  submitted for an acquisition by an out-of-state bidder whose home state applies
				  a similar preference against Oklahoma bidders.
"Registered supplier"
means a supplier that
				  registers with the Central Purchasing Division pursuant to 74 O.S. §85.33.
"Remedy"
means to cure, alter, correct or
				  change.
"Request for information"
or
"RFI"
means a non-binding procurement practice used to obtain information, comments,
				  and feedback from interested parties or potential suppliers prior to issuing a
				  solicitation.
"Request for proposal"
or
"RFP"
means a type of solicitation a state agency or the State Purchasing Director
				  provides to suppliers requesting submission of proposals for acquisitions.
"Request for quotation"
or
"RFQ"
means a simplified written or oral solicitation a state agency or the State
				  Purchasing Director provides to suppliers requesting submission of a quote for
				  acquisitions.
"Requisition number"
means an identifier the
				  state agency or OMES assigns to a requisition.
"Requisitioning unit"
means the unit in a state
				  agency responsible for making acquisitions.
"Responsible supplier"
means a supplier who
				  demonstrates capabilities in all respects to fully perform the requirements of
				  a contract that may include, but may not be limited to, finances, credit
				  history, experience, integrity, perseverance, reliability, capacity, facilities
				  and equipment, and performance history which will ensure good faith
				  performance.
"Responsive"
means a bid or proposal that has
				  been determined to conform to the essential requirements of a solicitation.
"Reverse Auctioning"
means a procurement method
				  wherein pre-qualified bidders are invited to bid on specified goods or services
				  through real-time electronic bidding, with the award being made to the lowest
				  responsive and responsible bidder. During the bidding process, bidders' price
				  positions are revealed and bidders shall have the opportunity to modify their
				  bid prices for the duration of the time period established by the solicitation.
"Scheduled acquisition"
means a recurring
				  acquisition that consolidates multiple state agency requirements for a given
				  commodity or group of commodities.
"State official"
means a person that works for a
				  department, state agency, trusteeship, authority, school district, fair board,
				  advisory group, task force or study group supported in whole or in part by
				  public funds or administering or operating public property.
"State Purchasing Director"
means the director
				  of the Central Purchasing Division of the Office of Management and Enterprise
				  Services appointed by the OMES Director; and, includes any employee or agent of
				  the State Purchasing Director, acting within the scope of delegated authority.
				  [74O.S. §85.2] Unless otherwise stated, the term includes employees of the
				  Central Purchasing Division and state agency purchasing officials certified by
				  the State Purchasing Director to which the State Purchasing Director has
				  lawfully delegated authority to act on his or her behalf. In regards to the
				  procurement of information technology or telecommunications, the term means the
				  Chief Information Officer of the Office of Management and Enterprise Services.
"State Use Committee"
means the statutory
				  Committee that certifies severely disabled individuals and sheltered workshops
				  as qualified organizations to contract with the state to provide products and
				  services, which are designated in the State Use Committee procurement schedule
				  for state agency acquisitions pursuant to 74 O.S. §§ 3001 et seq.
"Statement of Work"
means a detailed description
				  of the work which a state agency requires a contractor or supplier to perform
				  or accomplish.
"Supplier"
or
"vendor"
means an
				  individual or business entity that sells or desires to sell acquisitions to
				  state agencies [74 O.S. §85.2].
"Supplier performance evaluation"
means
				  information a state agency or OMES Procurement provides to the State Purchasing
				  Director, in a manner the OMES Director prescribes, that documents the quality
				  of service or products provided by a supplier.
"Supplier registration"
means a process a
				  supplier uses to register with the Central Purchasing Division to automatically
				  receive solicitations based on a commodity class for a specified period of
				  time.
"Supplier List"
means a list of individuals or
				  business entities that have registered with the Central Purchasing Division in
				  order to receive notification of solicitations for commodities specified in
				  their registration application.
"Suspension"
means an action by the State
				  Purchasing Director to suspend a supplier's authority to be included on the
				  Supplier List, be eligible to submit bids to state agencies and be awarded a
				  contract by a state agency subject to the Central Purchasing Act.
"Utility service"
or
"utilities"
means a public service furnishing electricity, natural gas, water, or sewage.