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74 O.S. § 85.33. Registration of State Suppliers Revolving Fund

  1. There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services to be designated the “Registration of State Suppliers Revolving Fund”. The fund shall consist of any monies received from fees collected in accordance with subsection B of this section. The revolving fund shall be a continuing fund, without legislative appropriation, not subject to fiscal year limitations, and shall be under the control and management of the Office of Management and Enterprise Services. Expenditures from the Registration of State Suppliers Revolving Fund shall be budgeted and expended pursuant to the laws of the state and the statutes relating to public finance. The fund shall be used to defray the costs of the Purchasing Division for commodity research, classification, and analysis and expenses the Office incurs to support Purchasing Division operations. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Office, and approved for payment by the Director of the Office of Management and Enterprise Services. 
  2. The Office of Management and Enterprise Services may collect a fee of Twenty-five Dollars ($25.00) to register suppliers that desire to do business with this state through the Purchasing Division. The suppliers shall register separately for each commodity list. Each registration shall entitle the supplier to be on that list for one (1) year, to receive all bid notices in that classification for that period, and to receive one copy of the State’s Commodity Classification Manual when published. All fees collected in accordance with this section shall be deposited in the revolving fund created in subsection A of this section. 

Associated Rules

  1. Purpose. Unless otherwise specified, supplier registration pursuant to this section provides a supplier with automatic notification of bid opportunities but is not required for a supplier to respond to a solicitation. Automatic notification is dependent upon a supplier providing the Office of Management and Enterprise Services valid and up-to-date information. Supplier registration is required for any supplier selected for award or renewal of a contract pursuant to the Central Purchasing Act and these rules. 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.
    1. Suppliers may be required to prequalify for the purpose of responding to online solicitations.
    2. Suppliers shall prequalify in accordance with procedures established by the State Purchasing Director.
  2. Registration. A supplier may apply for registration online as established by 74 O.S. 85.33, for each commodity class listed in the registration application, to be placed on the Supplier List for a one-year period. Registered suppliers are to be notified by the Central Purchasing Division or by non-exempt state agencies pursuant to applicable laws and rules, of solicitations for each commodity class for which a supplier registers. The State Purchasing Director shall not place a supplier on the Supplier List if the supplier provides incomplete registration information or if the State Purchasing Director, in his or her sole discretion, determines the supplier is not a responsible supplier.
  3. Registration fee. A registered supplier may renew a registration prior to the expiration date of the supplier’s current registration in order to remain on the Supplier List. The Office of Management and Enterprise Services shall not refund supplier registration fees.
  4. Voluntary removal from Supplier List. A supplier may submit a written request to the Central Purchasing Division to request to be removed from the Supplier List for a commodity. 

  1. 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. 
  2. 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. 
  3. 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. 
  4. 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. 
  5. 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. 
  6. 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. 
  7. 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. 

  1. Cause for debarment. The State Purchasing Director may debar a supplier and revoke the supplier’s authority to be included on the Supplier List, to be eligible to submit bids to state agencies, to be awarded a contract by a state agency subject to the Central Purchasing Act and cancel any existing contracts with the State of Oklahoma. The State Purchasing Director may serve upon the supplier a notice to show cause why the supplier should not be debarred. For the purposes of this section, “State Purchasing Director” does not include employees of state agencies to whom the State Purchasing Director has delegated authority. The debarment shall be for a period of no more than three (3) years. Debarment shall be for any of the following reasons: 
    1. conviction of an individual or business entity guilty of a felony involving fraud, bribery or corruption; 
    2. conviction of an individual or business entity of a misdemeanor involving a gift, donation or gratuity an individual or business entity gives to an official of the Office of Management and Enterprise Services, an immediate family member of an official of the Office of Management and Enterprise Services, or any state employee or agent of the State Purchasing Director, acting within the scope of delegated authority; 
    3. conviction of an individual or business entity of a felony involving the Anti-Kickback Act of 1974; or, 
    4. debarment by federal government entities. 
  2. Debarment considerations. The State Purchasing Director shall consider factors of this subsection when considering debarment of an individual or business entity. 
    1. Disassociation. The efforts, if any, of the individual or business entity, to disassociate itself from individuals and business entities responsible for convictions. 
    2. Imputed business entity. Conviction of an individual, affiliate or associate a business entity employs may impute the business entity. 
    3. Imputed individual. Conviction of a business entity may impute an individual, affiliate or associate of the business entity. 
    4. Time period. The period of time during which the acts leading to conviction of the individual or business entity occur. 
    5. Failure to respond to inquiries. Failure of the individual or business entity to respond to inquiries by the State Purchasing Director regarding factors that may lead to debarment. 
    6. Other factors. Any other factors regarding the individual or business entity the State Purchasing Director determines appropriate. 
  3. State Purchasing Director options. Upon review and consideration of factors relevant to the proposed debarment of an individual or business entity, the State Purchasing Director shall take one of the following actions: 
    1. Decline to debar. Decline to debar an individual or business entity; 
    2. Suspension. Suspend an individual or business entity for a period of time up to one year, as the State Purchasing Director determines appropriate; 
    3. Debarment. Debar an individual, a business entity, or both for a period that shall begin three (3) business days from the date of the final order of debarment and expire no later than the end of the period specified in the order. 
  4. Debarment notice. If the State Purchasing Director debars an individual or business entity, the State Purchasing Director shall notify the individual or business entity in writing. 
  5. Reinstatement after debarment. A debarred individual or business entity may submit a written request for reinstatement to the State Purchasing Director. The State Purchasing Director shall consider information the individual or business entity provides to determine if the individual or business entity merits reinstatement. The State Purchasing Director shall provide written notice of the reinstatement approval or denial. 
  6. Supplier appeal of State Purchasing Director’s action. A supplier may appeal a debarment or a denial of reinstatement by the State Purchasing Director to the OMES Director within ten business days of the date of the final order of debarment or the denial of reinstatement notice pursuant to 75 O.S. §§309 et seq and the provisions of 260:115-3-19. 

Purchasing Reference Guide

References

Administrative Rules

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Oklahoma Office of Management and Enterprise Services
2401 N Lincoln Blvd.
Oklahoma City, OK 73105

 

 

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