Okla. Admin. Code § 260:115-3-21

Current through Vol. 42, No. 4, November 1, 2024

Section 260:115-3-21 - Supplier suspension from Supplier List

(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.

(b)Suspension notice. The State Purchasing Director shall send written notice of suspension to a supplier within five (5) business days of the State Purchasing Director's determination. The notice shall include the suspension period, which shall begin three (3) business days from the date of the notice and shall expire no later than the end of the period specified in the order.

(c)Supplier's suspension appeal. A supplier may appeal a suspension in writing to the State Purchasing Director within five (5) business days of receipt of the suspension notice.

(d)Supplier suspension appeal. If a supplier appeals suspension by the State Purchasing Director, the State Purchasing Director shall affirm or deny the appeal in writing to the supplier.

(1) If the State Purchasing Director affirms the supplier's appeal, the State Purchasing Director shall reinstate the supplier to the Supplier List.

(2) If the State Purchasing Director denies the supplier's appeal, the supplier may appeal the denial to the OMES Director pursuant to 75 O.S. §§ 309 et seq. and the provisions of 260:115-3-19.

(e)Suspension. The suspension period shall begin on the date appearing on the notice of final order of suspension and shall expire no later than the end of the term specified in the order.

(f)Supplier request for reinstatement. A suspended supplier may request reinstatement from the State Purchasing Director prior to the end of the supplier's suspension period. The State Purchasing Director may consider reinstating the supplier upon submission by the supplier of documents that indicate a change of conditions.

(g)Supplier reinstatement. If the State Purchasing Director reasonably believes that the supplier demonstrates the ability to satisfy requirements for performance of state contracts, the State Purchasing Director shall send written notice of reinstatement to the supplier.

Okla. Admin. Code § 260:115-3-21

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/13/2019