Okla. Admin. Code § 610:1-11-7

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

Section 610:1-11-7 - Competitive bidding

The competitive or formal bidding process requires that vendors submit sealed bids in accordance with detailed specifications of the goods or services to be purchased. Bids are to be awarded to the vendor who submits a bid meeting specifications and who offers the best value to the state.

(1)Submission of bids.

(A) If a vendor wishes to submit a bid in response to the solicitation, the vendor shall complete the bid according to the instructions provided with the solicitation. It is the vendor's responsibility to read and understand the instructions and terms and conditions provided with the solicitation. Failure to comply with the instructions and terms and conditions in the solicitation may disqualify the bid. Any questions should be directed to the Purchasing Director listed on the solicitation.

(B) If the vendor does not wish to bid, the vendor should provide written notification of a "No Bid" to the Purchasing Director.

(C) It is the responsibility of the vendor to ensure delivery of a bid to the Purchasing Director at or prior to the designated time on the solicitation. The Oklahoma State Regents for Higher Education will not be responsible for, or accept late bids.

(2)Bid openings.

(A) All sealed bids will be stamped with the time and date upon receipt at the office of the Purchasing Director. The bids will be placed in a secured bid file until time for the scheduled bid opening. Access to the file is limited to the Purchasing Director or designee until the bid opening.

(B) Bids will be opened at the designated date and time of closing by State Regents purchasing personnel. A bid opening record will be completed and maintained in the bid file.

(C) Prior to the bid opening, a vendor and/or interested parties may request a public opening.

(D) No award will be made at routine or public openings. Award recommendations are made in writing upon conclusion of the bid evaluation.

(E) All bids responses are open to the public during normal working hours, after the bid opening, and in accordance with 5l O.S., § 24A.1 et seq., as amended. Copies of bid responses may be requested in writing from the Purchasing Director.

(3)Award of bid.

(A) The Purchasing Director has the right to waive minor deficiencies or informalities in a bid provided that the best interest of the State would be served without prejudice to the rights of the other bidder(s).

(B) The award of a tie bid will be determined by a coin toss.

(C) Solicitations will be evaluated by applying the following criteria:

(i) Invitations to Bid (ITB) will be opened in public, and award will be made to the lowest price, responsible, responsive bidder meeting bid terms and specifications.

(ii) Requests for Proposals (RFP) will be evaluated, normally by committee, and award of a contract will be based on "best value."

(iii) Requests for Information (RFI) submittals will be evaluated, normally by committee, and the information may be utilized in drafting a formal solicitation.

(D) The State Regents reserve the right to accept by item, group of items, or by the total bid, as specified in the Solicitation.

(E) The State Regents reserve the right to reject in part or whole any bid.

(F) No award will be made if the State Regents determines the lowest bid totals more than the money available for purchase or if the lowest bid exceeds the reasonable market price.

(G) The State Regents will send a purchase order or a notice of award as acceptable notification of a valid and binding contract with a vendor.

(H) All awards will be made under the terms and conditions specified in the Solicitation .

(I) The Solicitation together with the successful vendor's responsive bid shall constitute a binding contract and will be interpreted under Oklahoma law.

(J) All ethics rules and laws related to conflicts of interest and doing business with public officials apply to any acquisition by the State Regents.

(4)Award protests.

(A) Any bidder may protest the award of a bid. A protest may be based upon, but is not limited to, the following:

(i) Error in the calculation of price;

(ii) The bid of the successful vendor did not meet the bid specifications;

(iii) The bidding procedure was done in violation of the State Regents' rules; or

(iv) State Regents' personnel handling the bidding procedure acted in a willful or capricious manner.

(B) After the award is made, the protesting bidder shall submit written notice to the State Regents' Purchasing Director, within seven (7) days of reasonable notice of contract award. The protest notice shall state supplier facts and basis for protest.

(C) The Purchasing Director shall review the protest and contract award documentation, and respond to the vendor.

(5)Administrative review.

(A) If the protesting bidder does not agree with the Purchasing Director's decision on the protest of award, the protesting bidder may request an administrative review. Any protesting bidder may appeal a decision by the Purchasing Director to the Chancellor. In order for the protest to be eligible for administrative review, the protest must have complied with 610:1-11-7(4).

(B) The protesting bidder must file a notice of appeal within seven (7) working days of the date of the letter notifying the bidder of the decision by the Purchasing Director to the protest of award, or of the postmark of such letter, whichever is later. The letter shall contain the following:

(i) The letter must state all the facts and arguments giving rise to the claim of controversy and the appeal.

(ii) The letter must also state clearly and separately the alleged error by the Purchasing Director or other State Regents' personnel and the relief sought with the appeal to the Chancellor.

(iii) The letter must clearly and separately state that the vendor is requesting an opportunity to be heard in pursuit of the appeal.

(C) Upon receipt of a properly perfected notice of appeal, the Chancellor shall review the appeal himself or appoint a designee to conduct the administrative review. The Chancellor may appoint any officer of State Regents or may appoint an attorney licensed to practice law to conduct the review. The person conducting the review shall promptly set a time period in which a review will be conducted that will not exceed forty-five (45) days from the date the notice is filed. The person conducting the administrative review will set a date on which the vendor must produce or identify all the documents or other supporting data (verbal or written) that supports his appeal, which date must be within the forty-five (45) day time period above. The person conducting the administrative review may schedule a meeting with the vendor to discuss the appeal and issues raised, and will examine all such documents and supporting data.

(D) Within twenty (20) working days after the administrative review period, the person conducting the administrative review shall make a written recommendation for decision to the Chancellor for contracts/purchases within the Chancellor's purchasing authority or to the State Regents for contracts/purchase exceeding that limit. For decisions that will be made by the Board, such matters shall appear on the agenda of the next regularly scheduled meeting. Either the Chancellor or the Board, given those parameters, shall render the final agency decision, and staff shall notify the protesting bidder and the apparent successful bidder of the decision by certified mail. The decision shall include findings of the fact and conclusions of law supporting the decision to uphold the award or set the award aside.

Okla. Admin. Code § 610:1-11-7

Added at 20 Ok Reg 2149, eff 6-26-03; Amended at 23 Ok Reg 3038, eff 7-13-06