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Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-1 - Bid solicitations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Construction projects over $100,000.
Construction projects over $100,000 will be advertised in a newspaper of general circulation for two consecutive weekly issues of said newspaper with the first publication at least twenty-one (21) days prior to the day set for bid opening. Notice must also be provided to one in-state trade or construction publicationand/or electronic bid platform whenever the estimated cost of construction exceeds $100,000, with publication of that information left to the discretion of that publication. No work shall be commenced until a written contract is executed and all required bonds and insurances have been provided by the contractor. [61 O.S. § 104]
(b)
Construction projects of $25,000 to $100,000.
Construction projects of $25,000 to $100,000 will not usually be advertised. The Trust shall develop a written, clearly defined scope of work with detailed requirements for the project. The Trust will then solicit bids by directly contacting three (3) or more contractors.
(c)
Minor Maintenance or Repair.
The Trust may award small projects below $25,000 to any qualified supplier. A written contract and proof of insurance is required prior to issuing the supplier a notice to proceed.
(d)
Emergency Projects.
When the CEO determines that an emergency situation exists, a contract may be awarded without competitively bidding it to correct the emergency condition.
(e)
Statutory Increases.
Any monetary threshold set forth in these rules will automatically be updated and incorporated herein consistent with any later act of the Legislature that increases the monetary thresholds set forth in Title 61 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-2 - Bid documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Solicitation notice.
The solicitation notice will contain:
(1) Sufficient information concerning the proposed public construction contract to allow a contractor to determine if he may be interested in bidding the project.
(2) The location where a complete set of bidding documents may be obtained.
(3) The date and time for the MANDATORY site visit, if applicable. As most specifications shall indicate, contractors shall be responsible for visiting the site of a project prior to bidding. Failure to do so shall not excuse a contractor from any requirement of the specifications. Occasionally, a MANDATORY site visit shall be held which shall require the attendance of a contractor at a specific time and place prior to bidding.
(4) The location and time for the pre-bid conference if applicable. Some projects may have a MANDATORY pre-bid conference which means that bidders MUST attend to have their bid accepted.
(5) The date, time and place of the opening of bids.
(6) The name and address to whom competitive, sealed bids must be submitted.
(7) If applicable, any pre-qualification requirements pursuant to 61 O.S. § 118.
(8) Other information deemed of benefit to the public or prospective bidders.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-3 - Bid submittal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Bid preparation.
Bids must be prepared in accordance with any instructions provided in the solicitation.
(b)
Competitively-Bid Projects.
Competitive bids cannot be submitted by telephone or fax machine. Competitive bids may be delivered in person, electronically, by the U.S. Mail, or by any of the express/delivery services available during regular business hours, 8:00 AM to 5:00 PM weekdays. Each envelope or electronic submission shall contain only one bid. Bids received after the time specified in the bid documents cannot be accepted. The following information must be placed on the outside of each sealed bid envelopeor, if electronically submitted, in the subject line of the submission:
(1) Company name and address.
(2) Description of project.
(3) Project number and trade, i.e. 10 HVAC.
(4) Closing date and time.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-4 - Modifications/withdrawal of bids

Current through Vol. 41, No. 20, July 1, 2024
Bids may be modified or withdrawn up to the time set for bid opening. Modification notices or withdrawal instructions may be sent by registered mail, delivered in person, or sent electronically. Appropriate identification reflecting the authority of the bearer to modify or withdraw a bid must be presented. A bid to be withdrawn shall not be opened and shall be returned upon request of the bidder at the conclusion of the bid opening.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-5 - Bid openings

Current through Vol. 41, No. 20, July 1, 2024
The bids are opened by the CFMO or his designee at the date and time specified in the announcement in the following manner and recorded by an assistant. Bid openings are open to the public and to all bidders.
(1) The bidder's name is announced.
(2) The bid is checked for completeness and correctness. Any of the following deficiencies may be grounds for disqualifying the bid:
(A) The bid must be signed.
(B) The Non-Collusion Certification must be present, signed, and properly notarized.
(C) If the total bid exceeds $100,000 [61 O.S. § 1], a certified check, cashier's check, or bid bond for 5 percent (5%) of the base bid price and the price of all alternate bids must be present.
(D) All equipment lists, selected materials, or other information when required by the specifications must be present.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-6 - Bid review and evaluation

Current through Vol. 41, No. 20, July 1, 2024
(a) At the conclusion of the bid opening, bids will be reviewed and tabulated, and their contents verified. The following items are reviewed: Insurance carriers, bonding companies, and surety companies used to issue bonds and insurance must be registered to do business in Oklahoma and prequalified as good and sufficient by OMES.
(1) Verification of bid contents.
(2) When there is a variance between the amount in words and the figures, the amount in words shall govern.
(3) Bids containing omissions, alterations, additions, or conditions not called for, or containing a clause in which the bidder reserves the right to accept or reject a contract, shall be disqualified.
(4) The ADC may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work; and, if there is reasonable doubt that the bid will result in the lowest overall cost to the Trust even though it may be the low evaluated bid; or, if it is so unbalanced as to be tantamount to allowing an advance payment.
(5) Failure to submit unit prices for any requested work item shall cause the bid to be disqualified.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-7 - Contract award

Current through Vol. 41, No. 20, July 1, 2024
(a) Contracts shall be awarded to the lowest responsible bidder on a lowest and best or Best Value criteria basis as indicated on the solicitation notice. If an award is made to other than the lowest bidder, the Trust shall prepare a statement setting forth the reason for its action and place that statement on file or its website, open to public inspection. [61 O.S. § 117] The Trust will provide a copy of the contract to the successful bidder who shall be given a specific period of time, as outlined in project specifications, but not to exceed sixty (60) days [61 O.S. § 113(A)], in which to execute the contract and obtain the necessary bonds and insurance.
(b) Projects over $100,000 require three bonds. [61 O.S. § 113(B)] All bonds required by Title 61 of the Oklahoma Statutes shall be provided by insurance carriers, bonding companies, or surety companies that are prequalified by OMES as good and sufficient in accordance with criteria established by OMES. [61 O.S.  §
									134  ]
(1)
Performance bond.
A bond with good and sufficient security valued at not less than the total value of the proposed contract which shall ensure the proper and prompt completion of the work in accordance with the contract.
(2)
Defect bond.
A good and sufficient bond in an amount equal to the total value of the contract to protect the Trust against defective workmanship and materials for a period of one (1) year after acceptance of the project.
(3)
Payment bond.
A good and sufficient bond in an amount equal to the total value of the contract to ensure that the contractor shall pay all indebtedness incurred by the contractor and his subcontractors and all suppliers for such labor, material, and repair of and parts for equipment as are used and consumed in performance of the contract, and to protect the Trust against claims from subcontractors or suppliers for services or materials used in the project.
(4)
Letters of credit.
Irrevocable letters of credit may be substituted for the bonds listed, but each letter must be for the total value of the contract. Alternatively, a single irrevocable letter of credit may be substituted for the bonds listed.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-8 - Pre-construction conference

Current through Vol. 41, No. 20, July 1, 2024
Shortly after award of a contract, the Trust may, at its discretion, schedule a pre-construction conference. This meeting may include, when applicable, the Design Consultant, general contractor, a representative of the ADC and/or the CFMO, and other interested parties. The CFMO or his representative shall chair the meeting. The purpose of the meeting shall be to discuss the requirements and responsibilities of the various parties involved with the objective of expeditious handling of the construction contract.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-9 - Construction conference

Current through Vol. 41, No. 20, July 1, 2024
(a) A construction conference may be called periodically by, when applicable, the CFMO or his designee or the Design Consultant to discuss:
(1) Project progress as it relates to schedule.
(2) Payment requests and their status.
(3) Change order requests and their status.
(4) Special problems and remedial action required.
(5) Results of previous remedial action.
(6) Other subjects as required.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-10 - Construction requirements; reviews and permits

Current through Vol. 41, No. 20, July 1, 2024
(a) The Trust facilities shall be constructed, renovated, or improved in such a manner as to provide reasonable safety from fire, smoke, panic, and related hazards and to ensure a high level of health, comfort, and well-being for all occupants.
(b) Building construction, renovation, and improvement will require formal code review and a building permit.
(c) Plans and specifications for the Trust projects shall be reviewed and approved by the AHJ, who shall issue a permit upon approval.
(d) No project shall be awarded until such prescribed reviews are concluded and a building permit is issued.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-11 - Adopted codes

Current through Vol. 41, No. 20, July 1, 2024
The Trust construction projects shall comply with all applicable codes adopted by the Oklahoma State Fire Marshal, current at the time the project is initiated; codes adopted by the Construction and Properties Department, OMES, as identified at OAC 260:65-5-4 and OAC 260:65-5-5; and any other additional codes as required, including but not limited to, for example, the Americans with Disabilities Act and related standards.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-12 - Payment requests

Current through Vol. 41, No. 20, July 1, 2024
(a) Partial payments for work completed and materials stored on site may be submitted once each month. A detailed procedure to be followed is shown below:
(1) The contractor shall be required to complete a detailed breakdown of costs, arranged according to sections of the specifications, and submit it to the CFMO or his designee for approval. This breakdown shall be used throughout the job and cannot be changed without approval from the CFMO or his designee or Design Consultant.
(2) The contractor should meet with the CFMO or his designee and/or Design Consultant when the rough draft of the pay request is prepared to agree on percentages of work completed and finalize the final form. The contractor should furnish the CFMO or his designee and/or Design Consultant with one (1) electronic copy of the pay request and all supporting documents.
(3) An itemized listing of materials stored on site at the end of the period covered in the pay request shall be prepared on the contractor's letterhead. Copies of paid invoices are to be attached. The date on the listing must agree with the date on the pay request. The materials must be stored at the site and cannot be removed after the payment has been made. The detailed description of stored materials should show quantities and sizes of materials. The usual terms of reference such as tons of steel and types of windows shall be acceptable.
(4) If the contractor deems it necessary, and the CFMO or his designee and/or Design Consultant recommend, the contractor may store material off-site. To do so, there must be a written agreement between the Trust and the contractor which provides:
(A) proof of applicable insurance;
(B) a written guarantee of delivery to the job site;
(C) photos; and
(D) written title to all materials covered by the request for payment, which shall pass to the Trust.
(E) For particularly large projects, the Trust may require an on-site inspection of facilities by the CM or Design Consultant to verify the authenticity of quantities of stored materials.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-13 - Change Orders and proposal requests

Current through Vol. 41, No. 20, July 1, 2024
(a) When it has been determined that a change is needed in the work and prior to the issuance of any change order, the CFMO or his designee and/or Design Consultant shall issue a Proposal Request to the contractor. The Proposal Request shall fully describe the scope of work explaining completely what each proposed Change Order. The contractor shall provide a detailed breakdown of cost, showing quantities and sizes of materials; unit cost, labor, equipment, profit and overhead and shall include any time extension involved; and other expense items. The CFMO, in consultation with the ADC, will consider the proposed Change Order and sign if approved. The proposed Change Order then becomes an official Change Order.
(b) Miscellaneous Change Orders that occur during construction including missed items, unforeseen//existing conditions, etc., will be change ordered with the approval of the owner parties mentioned above.
(c) Change Orders to public construction contacts of $1,000,000 or less shall not exceed a fifteen percent (15%) cumulative increase in the approved construction budget [61 O.S. § 121].
(d) Change Orders to public construction contracts of over $1,000,000 shall not exceed the greater of $150,000 or a ten percent (10%) cumulative increase in the approved construction budget [61 O.S. § 121].
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-14 - Time extensions

Current through Vol. 41, No. 20, July 1, 2024
The contract documents shall contain the basis upon which time extensions may be granted. Substantiating data must be submitted with the requests for extensions. Such time extensions, if justified, shall be granted by Change Order only. It is important that written notices of delay be submitted to the CFMO or his designee and/or Design Consultant within twenty (20) days of the delay. Time extensions for changes in the work must be included on the Change Order form authorizing such change.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-15 - Substantial completion inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) This inspection is to be requested by the contractor after he has determined that the project is substantially complete. Substantial completion is defined as the construction is sufficiently completed in accordance with the plans and specifications, as modified by any authorized changes, so that the owner can occupy the building and/or use the facility for its intended use.
(b) After receipt of a list of items to be completed or corrected from the contractor, the inspection is to be scheduled by the CFMO or his designee and/or Design Consultant who shall send out written notification inviting the ADC and other interested persons to attend. After the inspection, the Certificate of Substantial Completion Form with punch list shall be prepared by the CFMO or his designee and/or Design Consultant. A time limit to complete the punch list of deficiencies shall be determined by the Contractor and approved by the CFMO or his designee and/or Design Consultant. Two (2) copies of the form shall be provided to the Trust for signature.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-16 - Final inspection

Current through Vol. 41, No. 20, July 1, 2024
This inspection shall occur upon completion of construction and when requested by the contractor after he determines the project is finally complete and all punch list items have been completed. The CFMO or his designee and/or Design Consultant shall send out formal notification inviting the ADC and other interested parties to attend.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-17 - Contract completion

Current through Vol. 41, No. 20, July 1, 2024
A Certificate of Contract Completion shall be prepared by the CFMO or his designee and/or Design Consultant. The contractor shall complete the Contractor's Affidavit on all required copies of the Certificate of Contract Completion and return to the CFMO or his designee and/or Design Consultant. The total of the contract shown on the certificate shall include the sum of all change orders. The contractor shall secure and transmit to the CFMO or his designee and/or Design Consultant a completed and notarized Consent of Surety with the contractor's Certificate of Final Payment. All submittals, operating manuals, brochures, as-built drawings, keys, warranties, and all other requirements of the contract shall have been submitted to the CFMO or his designee and/or Design Consultant with signed receipts from the using agency for the items received by them, before final payment is made.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 7 - Construction › Section 753:11-7-18 - Project reporting for federally funded projects

Current through Vol. 41, No. 20, July 1, 2024
Projects that are paid for with federal dollars may be subject to additional incremental reporting requirements. These requirements will be met in accordance with funding award documents and requests from federal awarding agencies.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-1 - Registration of Construction Managers

Current through Vol. 41, No. 20, July 1, 2024
All Construction Managers desiring to perform services for the Trust must be registered with OMES. Any Construction Manager not registered with OMES at the time the Trust announces a project may register with OMES and submit a letter of interest to the Trust. All Construction Managers desiring to perform services for the Trust that are funded using federal dollars must be registered with SAM.gov, obtain a Unique Entity Identifier, and shall not be on the federal debarred supplier listing.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-2 - Project designation consideration

Current through Vol. 41, No. 20, July 1, 2024
(a) The CFMO in consultation with the ADC shall consider the following three factors to determine whether a construction project merits consideration for use of the construction management delivery system:
(1) The project benefits the public. When considering designation, it shall be clearly evident that Construction Management will provide a public benefit, which may include:
(A) early completion of work, allowing for beneficial public occupancy;
(B) accommodating construction progress with phased funding;
(C) enabling the project to be placed under contract prior to losing expiring funding source; or
(D) other demonstrated public benefit.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-3 - Selection procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Description of the project.
The Trust shall develop a description of the project which shall include:
(1) A narrative description of the work being planned, including various project components;
(2) The estimated cost and time schedule of the project; and
(3) The source of the funding.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-4 - Selection committee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Members.
Whenever a solicitation is issued requiring Best Value Methodology as described at Subchapter 6 of this Chapter to determine the successful bidder, the CFMO or designee will assemble the ADC to serve as a Selection Committee. Individuals may not serve as members of the selection committee if they are deemed to have a conflict of interest with firms submitting qualifications for consideration. Conflicts of interest are generally identified as an ownership interest or a close family member with an ownership interest in a submitting firm. The CEO, CFO, or COO may provide further clarification or determinations related to conflicts of interest.
(b)
Selection Monitor.
The CFMO will designate one member of the Selection Committee to serve as a Selection Monitor. The Selection Monitor is a non-voting member and presides over the Selection Committee. Duties of the Selection Monitor may include:
(1) schedule and preside over Committee meetings;
(2) provide instructions to Committee members on the Best Value methodology for evaluation and rating of bid submittals;
(3) tabulation of the evaluation scores;
(4) review the Committee's rating results for dominant information and/or inconsistencies;
(5) discuss evaluations with Committee members to seek clarifications, if necessary;
(6) prioritize the final rating scores;
(7) assist the Committee in determining the highest ranked firms for further consideration in interviews;
(8) assist the Committee in determining the apparent Best Value firm; and
(9) assisting with the Clarification Period activities.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-5 - Scheduling and performing interviews

Current through Vol. 41, No. 20, July 1, 2024
(a) All members of the interview committee shall participate in all interviews of each firm.
(b) An evaluation criteria list shall be developed to ensure that each firm is evaluated against a clearly established list of criteria made available to the firm at least seven (7) days prior to the interview. All interviews will be conducted identically. Evaluation criteria may include, but is not limited to, the following:
(1) Specialized experience and technical competence of the firm regarding the type of services required;
(2) Capacity and capability of the firm, including any consultants, to perform the work, including any specialized services, within the stated time limitations of the project;
(3) Past record of performance on contracts with government agencies or private industry with respect to control of costs, quality of work, and ability to meet schedules;
(4) Proximity to or familiarity with the area in which the project is located;
(5) The volume of work previously awarded by the State to the firm; and
(6) Any other factors that are relevant to the project as determined by the Trust.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-6 - Fee negotiation and contracts

Current through Vol. 41, No. 20, July 1, 2024
(a) Once the highest-ranking construction management firm is selected, the Trust shall request a fee proposal from the firm.
(b) Upon receipt of the written fee proposal, the Trust shall negotiate a contract including fees.
(c) In establishing the construction management fee, the Trust shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature of the services.
(d) In the event the Trust is unable to negotiate a satisfactory contract with the selected firm, at a price determined to be fair and reasonable, negotiations with that firm shall be formally terminated. The Trust may then undertake negotiations with the firm ranked second, beginning with a formal request for a fee proposal from that business. Failing accord with the second firm, the Trust shall formally terminate negotiations with that firm. This process may continue, with proposals received from and negotiations held with the next ranked firm, until such time as a contract is signed with a qualified firm or the procurement process is terminated and a new request for qualifications is initiated.
(e) In general, pre-construction services are required on all types of construction management contracts. The fee for these services should be negotiated as a lump sum amount and should be based on the scope and duration of services.
(f) For Construction Management/At-Risk, there are essentially two phases of the contract:
(1) Phase One commences following completion of fee negotiations for pre-construction services. Pre-construction services include all activities by the Construction Manager up to the point at which the design is far enough along for the Construction Manager to establish a Guaranteed Maximum Price (GMP). The point in time when the GMP can be established will vary from one type of project to another. Included in the GMP quoted by the Construction Manager are the Construction Manager's fees for administering the construction contract (project fee) and the fee to cover the General Conditions for construction. The project schedule may also dictate the amount of contingency included in the GMP.
(2) Approval of the GMP advances the project from Phase One of construction management services to Phase Two. The Trust will signal a move into Phase Two through issuance of a Notice to Proceed. Once the GMP is established, it will remain in effect through the development of the construction documents by the Construction Manager and, if applicable, the Design Consultant. The Construction Manager will work in conjunction with the Design Consultant, if applicable, to perform value engineering and construction coordination reviews and to develop individual bid packages for issuance to subcontractor trades.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-8 - Changes to base contract

Current through Vol. 41, No. 20, July 1, 2024
Changes to the base contract are permitted as long as the scope of the change is generally included within the scope of work developed for which the selection process was conducted. All changes shall be in writing and signed by all parties to the contract.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 9 - Construction Management/At Risk › Section 753:11-9-9 - Statutory Increases

Current through Vol. 41, No. 20, July 1, 2024
Any monetary threshold set forth in these rules will automatically be updated and incorporated herein consistent with any later act of the Legislature that increases the monetary thresholds set forth in Title 61 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 11 - Best Value Methodology › Section 753:11-11-1 - Best Value supplier selection

Current through Vol. 41, No. 20, July 1, 2024
The Best Value supplier selection and project delivery process consists of three primary phases:
(1)
Phase 1.
Supplier selection.
(2)
Phase 2.
Clarification period, which includes but may not be limited to:
(A) agreement on scope;
(B) description of services using performance measurements, if applicable; and,
(C) creation of contract requiring a Risk Report, Risk Management Plan, and all applicable legal terms and conditions.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 11 - Best Value Methodology › Section 753:11-11-2 - Supplier selection

Current through Vol. 41, No. 20, July 1, 2024
Phase 1 uses a series of filters to identify which bidder provides the most value. For Construction Management/At Risk contracts, for example, Subchapters 753:11-9-1 through 753:11-9-5 reflect Phase I supplier selection and should be read in tandem with this Subchapter. On or before the date stated in the solicitation, suppliers submit documentation requested in the solicitation or bid documents information that will be evaluated, rated, and/or weighted, which may include, but is not limited to:
(1)
Past performance information.
The supplier submits performance information collected from past customers about past projects/services the supplier has completed.
(2)
Project capability.
The supplier submits proof of their ability to perform the requirements of the proposed project/service specified in the solicitation, which includes but is not limited to risk assessment and mitigation, financial stability, proper insurance, the absence of any conflict of interest as such conflicts are addressed at 753:11-1-4, technical capability, documented performance measurements, supplier's ability to provide additional value, and pricing information as required by the solicitation.
(3)
Interviews.
The Selection Monitor will schedule interviews with representatives of selected firms as designated by the Selection Committee. The interview provides a forum for the supplier to discuss the project and answer questions concerning the ability to deliver the project/service.
(4)
Prioritization.
After completion of (1) through (3) of this Section, the Selection Monitor prioritizes bidders from the highest performing to least performing based upon past performance scores and the committee ratings and evaluation of the information provided by each supplier.
(5)
Dominance check.
The Selection Monitor reviews the prioritization and scoring of the bidders to identify the apparent Best Value supplier.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 11 - Best Value Methodology › Section 753:11-11-3 - Clarification period

Current through Vol. 41, No. 20, July 1, 2024
(a) The identified apparent Best Value supplier is invited to participate in the Clarification Phase. Only one firm at a time may be invited to participate. The clarification period is not a contract negotiation. This period is the final "filter," and the invited firm may still lose the project. Once invited to the clarification period, the supplier is responsible for scheduling and management of the related activities. The objective is to:
(1) ensure the supplier understands the project scope;
(2) allow the supplier to clarify how they will deliver the project/service on time;
(3) identify the accountabilities of other parties; and
(4) explain how the supplier will mitigate and manage any risk the vendor does not control.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 11 - Best Value Methodology › Section 753:11-11-4 - Risk minimization and performance

Current through Vol. 41, No. 20, July 1, 2024
(a) The Risk Minimization and Performance Measurement phase begins upon award of the project contract. Risk includes anything that impacts project cost, quality, or project schedule caused by the supplier, the Trust, unforeseen conditions, or other parties. The Phase consists of, but is not limited to, a Risk Report detailing information provided by the Construction Manager, which may include:
(1) all key contact information;
(2) project milestone schedule;
(3) risk sheet;
(4) modification/deviation tracking;
(5) Risk Management Plan;
(6) any risks the Trust may require the supplier to document that could impact satisfaction; and
(7) performance measurements.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 11 - Best Value Methodology › Section 753:11-11-5 - Transparency and Best Value documentation

Current through Vol. 41, No. 20, July 1, 2024
(a) To protect the integrity of the selection process and fairness to bidders, the following will remain confidential as stated:
(1) Identities of individual bidders will not be revealed to voting members of a selection committee during evaluation of key submittals as identified in the solicitation until such time as the highest rated bidders are identified and advanced to the oral interview or award phase.
(2) To preserve integrity in the event a re-bid is necessary, contents of the individual bidders' submittals shall not be open to public inspection until such time as the contract award is made.
(3) A bidder shall clearly identify any information submitted in a response to a solicitation that the bidder considers confidential or proprietary and shall submit such clearly-identified information in a separate envelope. The CFMO shall review the information and may or may not designate the bidder's information as proprietary or confidential and may or may not reject requests to disclose the information so designated.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 11 - Best Value Methodology › Section 753:11-11-6 - Other requirements for contracts awarded using Best Value methodology

Current through Vol. 41, No. 20, July 1, 2024
(a)
									753:11-11-2 and 753:11-11-5 may apply to any contract awarded by the Trust using Best Value methodology to select the successful supplier.
(b) Construction service solicitations and contracts shall comply with the requirements of the Public Competitive Bidding Act of 1974 with respect to performance bonds, payment bonds, defect bonds and change order limits.
(c) Construction Manager/At-Risk may use Best Value methodology to select subcontractors only in accordance with a plan authorized by the CFMO. Components of the plan must, at a minimum, include the following provisions:
(1) Bid Notices: method of making uniform public notification to interested subcontractors and suppliers;
(2) Availability of bid documents for inspection or acquisition by interested bidders;
(3) Bidding and bid submittal requirements, including contents of submittals and the place and time that bids are due.
(4) Method of evaluation of bid documents to determine final recommended contract awards.
(5) Method of public access to pricing, scoring, and final award information.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 13 - Supplier Protests › Section 753:11-13-1 - Supplier notification

Current through Vol. 41, No. 20, July 1, 2024
A supplier may protest a contract award to the CEO of the Authority by submitting written notice to the CEO within ten (10) business days of contract award. The supplier protest notice shall state all facts and reasons for the protest. The CEO shall forthwith notify the supplier awarded the contract of the protest. Any ex parte contact with the CEO by the supplier protesting the award and the supplier awarded the contract is prohibited while any matter relating to the protest is pending. The CEO may enter an order by letter, staying contract performance upon such terms and conditions as the CEO determines to be proper. Any request for stay of contract performance must be made in writing and filed during the ten (10) business day time period in which an appeal may be commenced. The CEO shall have continuing jurisdiction to modify any such orders made in connection with a stay during the pendency of the appeal as appropriate under the circumstances presented.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 13 - Supplier Protests › Section 753:11-13-2 - Review and determination

Current through Vol. 41, No. 20, July 1, 2024
The CEO shall review the supplier's protest and contract award documents and shall send written notice of the decision to deny or sustain the protest to the supplier within ten (10) business days of receipt of the protest.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 13 - Supplier Protests › Section 753:11-13-3 - Supplier appeal of decision to deny protest

Current through Vol. 41, No. 20, July 1, 2024
If the CEO denies the protest, the supplier protesting the award may appeal a denial of protest by filing, within ten (10) business days of the date of the CEO's notice of denial, a written appeal, setting forth all the relevant facts and reasons for the appeal.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 13 - Supplier Protests › Section 753:11-13-4 - Determination

Current through Vol. 41, No. 20, July 1, 2024
The CEO shall assign the supplier's appeal to an Administrative Law Judge who shall be a licensed attorney retained by the Trust. The Administrative Law Judge shall review the appeal for legal authority and jurisdiction. If legal authority and jurisdictional requirements are met, the Administrative Law Judge shall conduct an administrative hearing and provide proposed findings of fact, conclusions of law, and a proposed order to the CEO. The CEO shall determine a final order and send written notice of the final order sustaining or denying the supplier's appeal to the parties. The cost of actions necessary for the Trust to process a supplier's appeal, together with any other expenses incurred by the Trust due to the appeal, shall be paid by the Trust.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 13 - Supplier Protests › Section 753:11-13-5 - Administrative procedure

Current through Vol. 41, No. 20, July 1, 2024
Administrative hearings shall be conducted in accordance with the following procedures:
(1)
Prehearing conference.
A prehearing conference shall be scheduled to determine the legal or factual issues which shall be limited to those brought by the supplier in its initial protest.
(2)
Burden of proof.
The burden of proof shall be upon the protestant, which must prove its case by a preponderance of the evidence. A preponderance of the evidence is that evidence which, in light of the record as a whole, leads the Administrative Law Judge to believe a fact is more probably true than not true.
(3)
Evidence.
The Administrative Law Judge shall give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Administrative Law Judge shall give effect to the rules of privilege recognized by Oklahoma law for civil proceedings. Parties may conduct cross examination of witnesses required for a full and true disclosure of facts. Notice may be taken of judicially cognizable facts.
(4)
Representation.
Parties may be represented by legal counsel in accordance with Oklahoma law. Legal counsel must be licensed or registered pursuant to the Rules Creating and Controlling the Oklahoma Bar Association.
(5)
Proper parties.
In addition to the supplier protesting the contract award, the supplier awarded the contract and the Trust may participate in the bid protest proceedings as proper parties.
(6)
Discovery.
Discovery shall be permitted as determined by the Administrative Law Judge.
(7)
Testimony.
All testimony, either at depositions or at a hearing, shall be under oath or affirmation.
(8)
Official record.
The Trust shall employ a certified court reporter, whose transcription of the hearing and any related matters, together with all pleadings, motions, and other documents submitted or considered during the proceedings shall constitute the official record of the protest.
(9)
Authority of the Administrative Law Judge.
The Administrative Law Judge may:
(A) Establish a scheduling order;
(B) Establish reasonable procedures such as authorizing pleadings to be filed by facsimile or electronic mail;
(C) Rule on all interlocutory motions;
(D) Require briefing of any or all issues;
(E) Conduct hearings;
(F) Rule on the admissibility of all evidence;
(G) Question witnesses;
(H) Make proposed findings of facts, conclusions of law and a proposed order to the Chief Executive Officer; and
(I) Take other lawful actions necessary and proper in the interests of justice.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 13 - Supplier Protests › Section 753:11-13-6 - Remedies

Current through Vol. 41, No. 20, July 1, 2024
The Administrative Law Judge may recommend in a proposed order that the Chief Executive Officer deny the supplier's appeal, that the contract be awarded to the protesting supplier, that the contract award be cancelled and rebid, or for such other relief as the facts and law warrant.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 15 - Inventory and Surplus Property › Section 753:11-15-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
(a) By operation of law, OMES does not have
any authority or responsibility for property purchased for or under the management or control of the University Hospitals Authority except as expressly provided by law
. [74 O.S. § 63(G)] State property law expressly provides that the Trust must provide an inventory to OMES [74 O.S. § 110.1], but no such express provision appears in the Oklahoma Surplus Property Act. That being so, OMES has no authority over property belonging to the Trust beyond that of serving as a repository for the Trust's inventory. [74 O.S. § 63(G)].
(b) These administrative rules have thus been implemented to fully comply with the spirit of laws applicable to state property [74 O.S. § 110.1] and the Oklahoma Surplus Property Act [74 O.S. § 62.1- 62.9] while reducing the risk of liability to the Trust for the transfer or disposal of surplus hospital property-property unique from other state property. These Policies and Procedures apply to University Hospitals Trust, in turn, which exists for the principal purpose of effectuating the purposes of the University Hospitals Authority as established in the University Hospitals Authority Act.
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 15 - Inventory and Surplus Property › Section 753:11-15-2 - Inventory control

Current through Vol. 41, No. 20, July 1, 2024
(a) Tangible assets shall be recorded in the Trust inventory system [74 O.S. § 110.1] which shall be maintained by the inventory control officer. In circumstances where unique assets or transactions are identified as not clearly covered by 74 O.S. § 110.1, the appropriate Trust personnel will document internal guidance in accordance with relevant industry and generally accepted accounting principles. Identification of the inventory control officer shall be provided in writing to OMES by January 15 of each year, with any change in identification of the inventory control officer submitted to OMES within thirty (30) days of the change.
(b) Tangible assets that are movable shall be tagged with a unique identifier of durable material in a location ensuring accessibility by an inventory control officer.
(c) If a movable tangible asset is transferred from one location to another, the transferring tenant shall report such movement to the appropriate Trust personnel and the new location shall be recorded in the system.
(d) Assets may be given or sold to the Joint Operator of the University Hospitals per Title 63, which donation in whatever form shall be recorded on the inventory system identified in these rules.
(e) The report generated from the inventory system shall be signed by the CFO, include tangible assets owned as of June 30 of the preceding year, and submitted to OMES by August 15. The report shall include for each asset:
(1) The name of the University Hospitals Authority or University Hospitals Trust, as the case may be;
(2) The tag number;
(3) The model and serial number, if any;
(4) The manufacturer;
(5) The description;
(6) Product name;
(7) Acquisition date and cost;
(8) Whether the asset is on loan;
(9) Whether a tag cannot be affixed to the asset;
(10) If the property was given or sold to the Joint Operator of the University Hospitals per Title 63, a designation of that fact; and
(11) If the property has been disposed of, a designation whether it was traded in, was transferred, reached the end of its useful life, or was otherwise disposed of in accordance with these rules.