Okla. Admin. Code § 753:11-3-1

Current through Vol. 42, No. 3, October 15, 2024

Section 753:11-3-1 - Supplier selection and standard requirements

(a)Supplier List. Any supplier wishing to do business with the Trust should register on the Supplier List maintained by OMES. The Trust may send solicitations or make acquisitions from suppliers who are not on the Supplier List, but the supplier must be registered with OMES prior to the awarding of a contract.

(b)State use. The Trust shall make acquisitions from suppliers on the State Use Committee procurement schedule regardless of the purchase price. [74 O.S. § 85.12(C); 74 O.S. § 3007]

(c)Oklahoma Correctional Industries (OCI). The Trust may make acquisitions from OCI if an acquisition is not available from the State Use Committee pursuant to 74 O.S. § 3007(A) provided the conditions of 57 O.S. § 549.1 are satisfied.

(d)Statewide and Federal contracts. The Trust may make acquisitions from statewide contracts. The Trust may also make acquisitions through General Service Administration contracts or other Federal contracts if:

(a) allowed for under the terms of a federally funded project;

(b) the acquisitions are not on a current statewide contract, or

(c) if the terms of the Federal contract are more favorable than the terms of a statewide contract for the same products. [74 O.S. § 85.12(C); 74 O.S. § 84.12(B)(20)]

(e)Agreements and cooperative ventures. The Trust may make acquisitions through agreements and cooperative ventures with other health care providers entered into pursuant to 62 O.S. § 3210(A)(1), the purposes of which are to share services or to provide a benefit to the hospitals.

(f)Split purchasing. Acquisitions shall not be made nor orders split for the purpose of evading competitive bidding requirements. [74 O.S. § 85.7(A)(2)]

(g)Non-Collusion Certification. A Non-Collusion Certification shall be included with any competitive bids and/or contract submitted to the Trust 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. [74 O.S. § 85.22]

(h)Taxes.

(1) Prior to the award of a contract, the Trust shall verify that the supplier has obtained a current sales tax permit in accordance with the laws of Oklahoma. A copy of a current sales tax permit or confirmation of the permit's status from the Oklahoma Tax Commission must be included in the acquisition file.

(2) The Trust acquisitions are exempt from sales tax and federal excise tax.

(i)Travel expenses. The price a bidder submits in response to a solicitation shall include travel expenses for the bidder to perform the contract. the Trust shall not pay travel expenses not specified by the successful solicitation response. [74 O.S. § 85.40]

(j)Bonds. The Trust may require bidders to submit a bid bond, performance bond, or other type of approved surety with the bid. The bond, where required, will be retained until successful completion of the purpose for which the bond was drawn.

(k)Insurance. A successful bidder shall provide proof of all insurance as and where needed and as required by the solicitation prior to contract award (e.g. workers compensation, general liability, etc.).

(l)Verification of Registration with the Secretary of State. Prior to the award of a contract, the Trust will verify that the supplier is registered with the Secretary of State and franchise tax payment status pursuant to 68 O.S. §§ 1203-04.

Okla. Admin. Code § 753:11-3-1

Adopted by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/18/2019

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/1/2023