74 O.S. § 85.39. Agency Internal Purchasing Procedures

1. Purchase of recycled products. Each state public entity shall procure products which are manufactured with recycled materials, and products which are recyclable and/or durable, to meet or exceed the legislative intent, requirements, and goals of the Act. 
2. Reporting of purchases of recycled products. Each state public entity shall submit a report to the Director by December 31 of each year. This report shall describe the results of its procurement of recycled paper products and other products manufactured with recycled materials over the past fiscal year. The report shall be in a format determined by the Office. 
3. Assistance in procurement objectives. The Office shall provide assistance to state public entities in the achievement of procurement objectives in their recycling programs. 
4. Procurement specifications for recycled materials. Each state public entity shall use procurement specifications to require, to the greatest extent practicable, that a product and its packaging or container contain recycled materials and that the product and its packaging or container be recyclable. 
   1. Product and packaging specifications shall require the use of post-consumer materials to the greatest extent practicable without jeopardizing the intended end use of the product. 
   2. In writing specifications and selecting products for procurement, life cycle costs shall be part of the evaluation criteria when the costs of waste disposal or the durability and reusability of a product may be significant. 
   3. A state public entity may determine that, for technical reasons, and for a particular end use, a product containing recycled materials will not meet reasonable performance standards, and may therefore declare the purchase of a product manufactured with recycled materials to be unpracticable. Such a determination shall be documented and based solely upon technical performance information related to a specific item, and not to a grade or type of product. This documentation may be requested for review by the Office. 
   4. Each state public entity shall reduce the generation of solid waste at its source, whenever practicable, by minimizing the purchase of single-use, disposable products and requiring the purchase of durable products which can be reused. 
   5. Each state public entity shall, whenever practicable, purchase only office paper, photocopier paper, printer paper, and printed paper products which are not coated with plastic, clay, or other material used to create a glossy finish. 
   6. Each state public entity shall take reasonable steps to minimize the procurement of colored paper products. If color is necessary for a particular use, full consideration shall be given to the use of white paper printed with colored, soy- based ink. 
5. Declaration of vendors of percentage of recycled materials in products. State public entities shall require vendors to declare the minimum, if not exact, percentage of recycled materials content in the products offered, including both the post-consumer and total recycled materials content, regardless of whether the product meets the percentage of recycled materials specified for that product. 
6. Certification by vendor of recycled content claim. The vendor of any product for which a recycled content claim is made must both possess and rely upon a reasonable basis for the claim and must be able, upon request by the Office, to certify and demonstrate this claim. Any fraud or deception in the representation of recycled materials content may result in cancellation of the contract and the removal or suspension of the vendor from the bidders list pursuant to OAC 260:115-3-21. 
7. Preferences for recycled materials. If several products manufactured with recycled materials are being considered for purchase, and if all cost and quality considerations are comparable, preference shall be given to the product with the highest content of post- consumer material. If this measure fails to identify the more preferable product, the award shall go to the product with the highest content of total recycled materials. 
8. Preferences by public entities. Each state public entity responsible for the maintenance of public lands in this state shall, to the greatest extent practicable and consistent with sound environmental practices, give preference to the use of compost materials in land maintenance activities which are to be paid for by public funds. 
9. Provisions for Oklahoma Department of Transportation and Oklahoma Turnpike Authority. The Department of Transportation and the Oklahoma Turnpike Authority shall review and modify all bid and paving material specifications: 
   1. To provide that the specifications encourage the maximum purchase, when practicable, of recyclable asphalt pavement and paving materials utilizing recycled materials, including but not limited to: 
      1. crushed concrete sub base; 
      2. fly ash; 
      3. glass and glassy aggregates; and 
      4. asphalt material containing ground tire rubber. 
   2. Life cycle cost analysis shall be used in determining practicability. 
10. Provisions for public entities using motor vehicles. Each state public entity which owns or maintains motor vehicles is encouraged, to the greatest extent practicable to: 
    1. Equip such vehicles with retreaded tires. 
       1. Efforts should first be made to procure retreading services for the entity's own waste tire casings. 
       2. If the services in 260:85-1-4(j)(1)(A) are not practicable, retreaded tires should be procured for use as replacements. 
       3. Emergency vehicles defined in 47 O.S. 1991 § 1-103 (Highway Safety Code) are exempt from this recommendation. 
    2. Procure re-refined oils for all practicable uses, including, but not limited to, such uses as: 
       1. engine lubricating oils; 
       2. gear oils; and, 
       3. hydraulic fluids. 
11. Price preference on bids. When accepting bids for purchases of supplies, equipment and materials, the Central Purchasing Division of the Office of Management and Enterprise Services and each state public entity shall extend price preferences to products manufactured with recycled materials whenever the Director determines that such products are unable to be price competitive with products of comparable grade and quality manufactured from virgin materials. 
    1. Those products manufactured with at least the minimum content level of recycled materials as established by the Federal Environmental Protection Agency (EPA) shall receive a price preference not to exceed a five percent differential. 
    2. A copy of the EPA specified content requirements and a list of products meeting the requirements will be maintained as a public record by the Office. 
    3. A product which contains recycled materials but falls short of the EPA minimum requirements may receive a price preference if no other product is bid or offered which meets the EPA requirements. 
    4. Price preferences allowed pursuant to this section shall not be combined with other price preferences or differentials. 
    5. In response to product market conditions, the Director may temporarily increase, reduce, or eliminate any recycled product price preference. 
12. Exemptions. No state public entity may be exempted from complying with the legislative intent, requirements, and goals of the Act; however, the Director may grant temporary exemptions from compliance with the rules in 260:85-1-4 due to lack of market availability or economic feasibility. All requests for exemption must be made in writing and must be accompanied by documentation supporting the need for such an exemption. Any exemption granted shall be in effect for no longer than one year. 

1. General. The Chief Information Officer is appointed by the Governor and has authority over the Information Services Division of the Office of Management and Enterprise Services.
2. Authority. The Chief Information Officer, or any employee or agent of the Chief Information Officer acting within the scope of delegated authority, shall have the same power and authority regarding the procurement of all information technology and telecommunications products and services ... for all state agencies as the State Purchasing Director has for all acquisitions used or consumed by state agencies as established in The Oklahoma Central Purchasing Act.
3. Official directives. The Chief Information Officer shall issue directives, instructions or written communications to state agencies regarding required procurement practices and procedures for the acquisition of information technology and telecommunications goods and services.

1. Development. State agencies shall develop internal purchasing procedures for acquisitions by the state agency pursuant to 74 O.S. §85.39, “. . .which shall, at a minimum, include provisions for the state agency’s needs assessment, funding, routing, review, audits, monitoring, and evaluations”. A state agency must include the method whereby a supplier may protest a contract award by the agency pursuant to 260:115-3-19 in its internal purchasing procedures, and include provisions for procurement policies under statutorily applicable emergency events. Internal purchasing procedures are not effective until approved in accordance with this section. 
2. Submission to State Purchasing Director. The state agency shall submit a copy of the procedures to the State Purchasing Director. 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. 
3. State Purchasing Director review. The State Purchasing Director shall review the state agency’s procedures to ensure compliance with provisions of the Oklahoma Central Purchasing Act, provisions of the State Use Committee, and the Central Purchasing rules. 
4. OMES Director notice of approval or denial to state agency. Within fifteen (15) business days of submission, the OMES Director shall notify the state agency if the procedures comply or indicate revisions necessary to bring the procedures into compliance. 
5. State agency resubmission following disapproval. The state agency shall resubmit procedures until the OMES Director notifies the state agency the procedures comply. 
6. Purchasing procedure review. State agency internal purchasing procedures should be reviewed by the state agency annually with recertification of the internal purchasing procedures by submission to the State Purchasing Director every two (2) years.
7. Purchasing procedure amendments. If a state agency desires to amend the state agency’s internal purchasing procedures, the state agency shall submit the new procedures in their entirety to the State Purchasing Director for review pursuant to the provisions of these rules. 
8. State agency Purchase Card (P/Card) procedures. A state agency shall amend its internal purchasing procedures to include the agency’s Purchase Card (P/Card) procedures within six (6) months of completing the P/Card Program implementation process through OMES. The P/Card procedures shall include provisions for procurement policies under statutorily applicable emergency events and the state agency’s approved food policy. The P/Card procedures must specify the process established by the agency to ensure a P/Card held by a terminated or separated employee or an employee who no longer has a job function requiring a P/Card, is promptly surrendered to the State Agency P/Card Administrator. 

1. State agencies shall provide the State Purchasing Director with a current Authorized Signature Form. The form shall be dated and identify the name, title, and signature of those individuals designated by the appointing authority to sign and approve requisitions, sole source certifications, change order requests, and surplus property transactions that may be submitted to the State Purchasing Director. To notify the State Purchasing Director a designation no longer exists, the form shall be dated and identify the name and title of those individuals who are no longer designated by the appointing authority to sign and approve requisitions, sole source certifications, change order requests and surplus property transactions. The State Agency shall submit an updated form to the State Purchasing Director within 30 days of any change in the authorized signatures. 
2. State agencies shall also maintain a list of individuals designated by the appointing authority to sign and approve requisitions, sole source certifications, change order requests, and purchase orders for acquisitions within the agency’s approved acquisition authority. The list shall include the name, title, and signature of each individual, the effective date of their signature authorization and ending date of the authorization, when applicable. The agency shall maintain a file of the signature authority lists in the location of the agency’s centralized procurement records, and shall be available to the State Purchasing Director, upon request. 

The State Purchasing Director shall review state agency acquisitions to ensure state agency compliance with provisions of the Oklahoma Central Purchasing Act, promulgated rules of the Office of Management and Enterprise Services, provisions of 74 O.S. §3001 through §3010, other laws of the State of Oklahoma, and the state agency’s approved internal purchasing procedures. If the State Purchasing Director finds state agency procurement practice deficiencies, the State Purchasing Director shall report the findings to the OMES Director. 

1. Audit notification. OMES shall notify the state agency of all scheduled audits. 
2. State agency responsibilities. 
   1. The state agency shall provide work space for the audit team. 
   2. The state agency shall provide records for acquisitions for the audit period. 
   3. The state agency shall make the state agency’s CPO available to assist the audit team. 
3. Audit following reduction of state agency acquisition authority. If the OMES Director reduces the acquisition authority of a state agency, the Audit Team shall periodically audit the state agency’s acquisitions in order to review the agency’s efforts to correct audit findings of noncompliance. 

State agencies shall make acquisitions using a method of acquisition in this section. 

1. State Use Committee. State agencies shall make acquisitions from suppliers on the State Use Committee procurement schedule at the fair market price if the supplier’s delivery date meets state agency requirements. State Use Committee contracts are mandatory contracts to the extent a fair market value has been established. State agencies shall utilize the State Use Committee procurement schedule to ensure all acquisitions are made pursuant to 74 O.S. §§ 3001 et seq. If an acquisition is available from both the State Use Committee procurement schedule and the Oklahoma Correctional Industries, the state agency shall make the acquisition from the State Use Committee procurement schedule. 
2. Oklahoma Correctional Industries. If an acquisition is not available from the State Use Committee within the time period required by the purchasing state agency or if it does not have an established fair market value, state agencies shall make acquisitions from the Oklahoma Correctional Industries pursuant to 57 O.S. §549.1 or statewide contracts as follows: 
   1. If a state agency determines in the acquisition of a product or service within the agency’s acquisition authority, the product or service is available from OCI and is the lowest and best offer, the agency may place a direct order with OCI without competitive bidding. If an acquisition is competitively bid, the award shall be made to OCI upon determination that OCI is lowest and best. 
   2. For an acquisition exceeding an agency’s procurement authority, the agency may place a direct order with OCI or submit a requisition to OMES for issuance of a solicitation to include OCI as a supplier. The award shall be made to OCI if such product or service is the lowest and best bid. 
   3. If Oklahoma Correctional Industries is unable to meet state agency requirements for an acquisition, Oklahoma Correctional Industries shall certify to the State Purchasing Director that it is not able to provide products. 
   4. If the State Purchasing Director determines that a product or service the Oklahoma Correctional Industries produces does not meet the reasonable state agency requirements, the State Purchasing Director shall notify Oklahoma Correctional Industries. 
   5. If Oklahoma Correctional Industries disagrees with the State Purchasing Director, the OMES Director shall resolve the issue. 
3. Statewide Contracts. The State Purchasing Director shall designate statewide contracts as mandatory or non-mandatory.
   1. Mandatory statewide contract. The State Purchasing Director may designate a statewide contract for mandatory use. State agencies shall make acquisitions from mandatory statewide contracts regardless of the acquisition purchase price. A state agency may submit a written request to the State Purchasing Director to waive requirements for a state agency’s use of a mandatory statewide contract for acquisitions. The State Purchasing Director shall grant exceptions prior to a state agency making the acquisition from another supplier.
   2. Non-mandatory statewide contracts. State agencies are encouraged to use non- mandatory statewide contracts. Whenever a state agency acquires a product or service from an alternate source, the acquisition shall be made in accordance with the Central Purchasing Act, the rules of this chapter and any other laws and rules applicable to the acquisition.
4. Open Market Acquisitions. State agencies may make acquisitions within their approved acquisition authority limit, pursuant to provisions of the Oklahoma Central Purchasing Act, rules of this Chapter, any other applicable laws or rules, and the agency’s approved internal purchasing procedures. The most common types of acquisitions include: 
   1. Contract for definite quantity. If a state agency is able to establish a definite quantity of items or services for an acquisition, the State Purchasing Director or the state agency may establish a contract for acquisition by the state agency. 
   2. Contract for indefinite quantities. If an agency is unable to establish a definite quantity of items or services for an acquisition, the State Purchasing Director or the state agency may establish a contract for an indefinite quantity of items or services. 
   3. Contract for scheduled acquisitions. When a state agency’s needs for certain items are compiled (aggregated) and purchased in bulk at predetermined intervals, the State Purchasing Director or the state agency may establish a contract for scheduled acquisitions. The intervals shall be established in accordance with market characteristics or using agency consumption patterns, with consideration of seasonal factors and warehousing facilities. A schedule shall be developed for particular commodities monthly, quarterly, or annually. If a contract for scheduled acquisitions is established for a state agency, the state agency shall not make open market purchases for the same commodity or group of commodities. 
5. Sole source and sole brand acquisitions. 
   1. State agencies with a CPO and approved internal purchasing procedures meeting the requirements of 260:115-5-3 and 260:115-5-7, may make a sole source or sole brand acquisition within the agency’s acquisition authority. [Reference: 74 O.S. §85.45j] 
   2. The chief administrative officer of any state agency not utilizing the State’s financial and information system for acquisitions shall submit to the State Purchasing Director a monthly listing of all sole source and sole brand acquisitions exceeding Five Thousand Dollars ($5,000.00) executed by the state agency in the preceding month pursuant to the Oklahoma Central Purchasing Act. The monthly list shall be submitted on a form prescribed and approved by the State Purchasing Director. 
   3. If the sole source or sole brand acquisition amount exceeds the agency’s acquisition authority, the agency shall submit the requisition to the State Purchasing Director. 
6. Emergency acquisition. State agencies with a CPO and approved internal purchasing procedures meeting the requirements of 260:115-5-3 and 260:115-5-7, may make an emergency acquisition in accordance with 74 O.S. §85.7. 
7. Acquisitions from other governmental agencies. A state agency may contract with any other department of state government or institution pursuant to 74 O.S. §581 or §1001 through §1008. A state agency may contract with any “public agency” pursuant to 74 O.S.§1001 through §1008, which includes a political subdivision of this state or another state, and any agency of this state or of the United States. Acquisitions shall not be made for the purpose of evading competitive bidding requirements, provisions of the Oklahoma Central Purchasing Act, rules of the Purchasing Division or provisions related to the State Use Committee. 
8. Acquisition pursuant to waiver. If the OMES Director approves a state agency’s request for a waiver pursuant to 260:115-1-6, a state agency with a CPO and approved internal purchasing procedures meeting the requirements of 260:115-5-3 and 260:115-5-7 may make the acquisition for which the waiver was approved, within their approved purchasing authority limit. 

1. Basic Requirements. State agencies that have an internal CPO or a designated CPO through an interagency agreement and approved internal purchasing procedures pursuant to the requirements of 260:115-5-3 and 260:115-5-7 shall make acquisitions over $5,000.00 and not exceeding $25,000.00 pursuant to this section. 
2. Acquisition Preparation. The state agency shall prepare and document the state agency’s specifications and all information required from the supplier for an acquisition. An agency shall choose an appropriate solicitation methodology, i.e. formal or informal competitive solicitation, based on the complexity of an acquisition. 
3. Supplier selection. 
   1. The state agency shall solicit from a minimum of three (3) registered suppliers (if available) for acquisitions over $5,000.00 and not exceeding $10,000.00 and ten (10) registered suppliers for acquisitions over $10,000.00 and not exceeding $25,000.00, from the Supplier List in the appropriate commodity classification. Selection of suppliers shall be rotated whenever more than ten (10) suppliers are registered. 
   2. State agencies shall solicit prices and delivery dates by mail, telephone, facsimile or by means of electronic commerce. 
   3. The state agency shall make a written evaluation of criteria considered in selection of the supplier for the acquisition. Documentation of prices, delivery dates and the evaluation shall be placed in the acquisition file. 
   4. All awards shall be based on lowest and best or best value criteria. 
   5. Certifications, verifications and other required documents. 
      1. Non-collusion certification. Pursuant to requirements in 74 O.S. §85.22, a non- collusion certification shall be included with any competitive bid and/or contract submitted to the State 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. 
      2. Sales Tax Permit Verification. Prior to the award of a contract, the state agency must verify that the supplier has obtained a current sales tax permit in accordance with the laws of Oklahoma. Documentation of verification of a current sales tax permit, which must be a copy of the sales tax permit, the supplier’s explanation of exemption, or confirmation of the permit’s status obtained from the Oklahoma Tax Commission, must be filed in the acquisition file. 
      3. Certifications for services contracts. Additional documents required to be included in contracts for professional or nonprofessional services include: 
         1. If the final product of a professional services contract is a written proposal, report or study, the supplier shall include a statement certifying that the supplier has not previously provided a substantial duplication of the final product to the state agency or another state agency. [Reference 74 O.S. §85.41] 
         2. An acquisition for professional or nonprofessional services must include statutory language required by the Oklahoma Central Purchasing Act as a term of the requisition or contract and must be signed by the chief administrative officer of the agency or the chief administrative officer of the requisitioning unit certifying compliance with the Act. [Reference 74 O.S. § 85.4] 
         3. Each contract for services shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. [Reference 74 O.S. §85.42] 
      4. Bonds and sureties. The solicitation may require bidders to submit a bid bond, performance bond, or other type of approved surety with the bid. 
         1. Form of bond. The bid bond, performance bond or other type of surety shall be subject to the approval of the State Purchasing Director. For bonds requiring a cash deposit, the amount specified by the State Purchasing Director shall be paid by certified check or cashiers check. 
         2. Irrevocable letter of credit. In lieu of bonds specified in this subsection, the State Purchasing Director may approve submission of an irrevocable letter of credit. 
         3. Bond or surety return. When the State Purchasing Director specifies a bid contain a bid bond, performance bond, or other type of surety, the State Purchasing Director shall retain the bond or surety until the successful completion of the purpose for which the bond or surety was drawn. 

1. Basic requirements. State agencies that have an internal CPO or a designated CPO through an interagency agreement and approved internal purchasing procedures pursuant to the requirements of 260:115-5-3 and 260:115-5-7 shall make acquisitions exceeding $25,000.00 but not exceeding $50,000.00 in accordance with this section, by means of a formal method of competitive solicitation, i.e. sealed bid solicitations. 
2. Acquisition preparation. The state agency shall prepare and document the state agency’s specifications for an acquisition. The state agency shall provide the specifications, terms and conditions for the acquisition to each supplier selected for notification. Whenever the state agency issues a solicitation for acquisition by invitation to bid or RFP, the agency shall develop evaluation criteria for the acquisition prior to bid opening. 
3. Supplier selection. 
   1. The state agency shall solicit all registered suppliers in the appropriate commodity classification from the Supplier List along with any other suppliers identified by the state agency. Suppliers that have been suspended or debarred by the State Purchasing Director or the Federal government shall not be awarded a contract. 
   2. State agencies shall solicit prices and delivery dates by means of sealed bid using mail or electronic commerce. The suppliers shall provide pricing and delivery dates in accordance with the requirements of the solicitation. 
   3. The state agency shall make a written evaluation of criteria considered in selection of the supplier for the acquisition. The written evaluation shall be placed in the acquisition file. When a selection has been made, the state agency shall notify the supplier of the award. 
   4. All awards shall be based on lowest and best or best value criteria. 
   5. Certifications, verifications and other required documents. 
      1. Non-collusion certification. Pursuant to requirements in 74 O.S. §85.22, a non- collusion certification shall be included with any competitive bid and/or contract submitted to the State 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. 
      2. Sales Tax Permit Verification. Prior to the award of a contract, the state agency must verify that the supplier has obtained a current sales tax permit in accordance with the laws of Oklahoma. Documentation of verification of a current sales tax permit, which must be a copy of the sales tax permit, the supplier’s explanation of exemption, or confirmation of the permit’s status obtained from the Oklahoma Tax Commission, must be filed in the acquisition file. 
      3. Certifications for services contracts. Additional documents required to be included in contracts for professional or nonprofessional services include: 
         1. If the final product of a professional services contract is a written proposal, report or study, the supplier shall include a statement certifying that the supplier has not previously provided a substantial duplication of the final product to the state agency or another state agency. [Reference 74 O.S. §85.41] 
         2. An acquisition for professional or nonprofessional services must include statutory language required by the Oklahoma Central Purchasing Act as a term of the requisition or contract and must be signed by the chief administrative officer of the agency or the chief administrative officer of the requisitioning unit certifying compliance with the Act. [Reference 74 O.S. §85.4] 
         3. Each contract for services shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. [Reference 74 O.S. §85.42] 
      4. Bonds and sureties. The solicitation may require bidders to submit a bid bond, performance bond, or other type of approved surety with the bid. 
         1. Form of bond. The bid bond, performance bond or other type of surety shall be subject to the approval of the acquiring state agency. For bonds requiring a cash deposit, the amount specified by the acquiring state agency shall be paid by certified check or cashiers check. 
         2. Irrevocable letter of credit. In lieu of bonds specified in this subsection, the acquiring state agency may approve submission of an irrevocable letter of credit. (iii)Bond or surety return. When the acquiring state agency specifies a bid contain a bid bond, performance bond, or other type of surety, the state agency shall retain the bond or surety until the successful completion of the purpose for which the bond or surety was drawn. 
      5. Verification of registration and status with Secretary of State. Prior to the award of a contract, the acquiring state agency must verify, pursuant to applicable provisions of law, that the supplier is registered with the Secretary of State and franchise tax payment status pursuant to 68 O.S. §1203 and §1204. Documentation of verification of registration and status with the Secretary of State must include, at a minimum, a copy of the entity summary information from the Secretary of State’s website or the supplier’s statement providing specific details supporting the exemption claimed, must be filed in the acquisition file.

State agencies that have an internal CPO or a designated CPO through an interagency agreement and approved internal purchasing procedures pursuant to the requirements of 260:115-5-3 and 260:115-5-7, shall send a written request to the State Purchasing Director to request acquisition authority exceeding $50,000.00 but not exceeding $100,000.00. The State Purchasing Director shall consider the agency’s internal purchasing procedures, procurement training and certifications of the agency’s procurement staff, and any other information deemed necessary by the State Purchasing Director to make the determination to approve or disapprove the request. If approved, the agency shall: 

1. make all acquisitions within this acquisition authority pursuant to 74 O.S. §85.7, any other applicable state laws and rules, including Section 260:115-7-15; 
2. award all contracts based on lowest and best or best value criteria; and, 
3. solicit all suppliers in the appropriate commodity classification from the Supplier List along with any other suppliers identified by the state agency using solicitation forms prescribed by the OMES Director. 

State agencies with a CPO and approved internal purchasing procedures meeting the requirements of 260:115-5-3 and 260:115-5-7, may make an emergency acquisition authorized by 74 O.S. §85.7. For an emergency acquisition over One Hundred Thousand Dollars ($100,000.00), the State Purchasing Director shall: 

1. select a supplier or a group of suppliers to notify utilizing telephone, facsimile or electronic commerce; 
2. Obtain the following certifications, verifications and other required documents, as applicable, from the supplier selected for contract award: 
   1. Non-collusion certification. Pursuant to requirements in 74 O.S. §85.22, a non- collusion certification shall be included with any competitive bid and/or contract submitted to the State 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. 
   2. Sales Tax Permit Verification. Prior to the award of a contract, the state agency must verify that the supplier has obtained a current sales tax permit in accordance with the laws of Oklahoma. Documentation of verification of a current sales tax permit, which must be a copy of the sales tax permit, the supplier’s explanation of exemption, or confirmation of the permit’s status obtained from the Oklahoma Tax Commission, must be filed in the acquisition file. 
   3. Certifications for services contracts. Additional documents required to be included in contracts for professional or nonprofessional services include: 
      1. If the final product of a professional services contract is a written proposal, report or study, the supplier shall include a statement certifying that the supplier has not previously provided a substantial duplication of the final product to the state agency or another state agency. [Reference 74 O.S. §85.41] 
      2. An acquisition for professional or nonprofessional services must include statutory language required by the Oklahoma Central Purchasing Act as a term of the requisition or contract and must be signed by the chief administrative officer of the agency or the chief administrative officer of the requisitioning unit certifying compliance with the Act. [Reference 74 O.S. § 85.4] 
      3. Each contract for services shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. [Reference 74 O.S. §85.42] 
      4. Bonds and sureties. The solicitation may require bidders to submit a bid bond, performance bond, or other type of approved surety with the bid. 
         1. Form of bond. The bid bond, performance bond or other type of surety shall be subject to the approval of the acquiring state agency. For bonds requiring a cash deposit, the amount specified by the acquiring state agency shall be paid by certified check or cashiers check. 
         2. Irrevocable letter of credit. In lieu of bonds specified in this subsection, the acquiring state agency may approve submission of an irrevocable letter of credit. 
         3. Bond or surety return. When the acquiring state agency specifies a bid contain a bid bond, performance bond, or other type of surety, the state agency shall retain the bond or surety until the successful completion of the purpose for which the bond or surety was drawn. 
      5. Verification of registration and status with Secretary of State. Prior to the award of a contract, the acquiring state agency must verify, pursuant to applicable provisions of law, that the supplier is registered with the Secretary of State and franchise tax payment status pursuant to 68 O.S. §1203 and §1204. Documentation of verification of registration and status with the Secretary of State must include, at a minimum, a copy of the entity summary information from the Secretary of State’s website or the supplier’s statement providing specific details supporting the exemption claimed, must be filed in the acquisition file.

If the OMES Director approves a state agency’s request for a waiver [Reference 260:115-1-6], a state agency with a CPO and approved internal purchasing procedures as required by 260:115-5-3 and 260:115-5-7, may make the acquisition for which the waiver was approved, within their approved purchasing authority limit. When an acquisition is made pursuant to a waiver, the State Purchasing Director: 

1. may select a supplier or group of suppliers to notify using telephone, facsimile or electronic commerce; 
2. shall obtain the following certifications, verifications and other required documents, as applicable, from the supplier selected for contract award: 
   1. Non-collusion certification. Pursuant to requirements in 74 O.S. §85.22, a non-collusion certification shall be included with any competitive bid and/or contract submitted to the State 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. 
   2. Sales Tax Permit Verification. Prior to the award of a contract, the state agency must verify that the supplier has obtained a current sales tax permit in accordance with the laws of Oklahoma. Documentation of verification of a current sales tax permit, which must be a copy of the sales tax permit, the supplier’s explanation of exemption, or confirmation of the permit’s status obtained from the Oklahoma Tax Commission, must be filed in the acquisition file. 
   3. Certifications for services contracts. Additional documents required to be included in contracts for professional or nonprofessional services include: 
      1. If the final product of a professional services contract is a written proposal, report or study, the supplier shall include a statement certifying that the supplier has not previously provided a substantial duplication of the final product to the state agency or another state agency. [Reference 74 O.S. §85.41] 
      2. An acquisition for professional or nonprofessional services must include statutory language required by the Oklahoma Central Purchasing Act as a term of the requisition or contract and must be signed by the chief administrative officer of the agency or the chief administrative officer of the requisitioning unit certifying compliance with the Act. [Reference 74 O.S. § 85.4] 
      3. Each contract for services shall include a statement certifying that no person who has been involved in any manner in the development of that contract while employed by the State of Oklahoma shall be employed to fulfill any of the services provided for under said contract. [Reference 74 O.S. §85.42] 

1. A state agency making an acquisition pursuant to 74 O.S. §85.5(T) must have an internal CPO and approved internal purchasing procedures pursuant to the requirements of 260:115-5-3 and 260:115-5-7, in addition to the subject matter experts, legal and procurement staff required by law. 
2. Prior to making an acquisition pursuant to this section, a state agency shall submit in writing to the OMES Director, a statement of the agency’s intent to make an acquisition pursuant to 74 O.S. §85.5(T). The agency may only proceed with the acquisition upon receipt of certification by the OMES Director that the proposed purchase does not conflict with consolidated statewide spend initiatives. 
3. Agencies making an acquisition pursuant to this section shall comply with 74 O.S. §85.7, the rules of this Chapter and any other applicable state laws and rules. 
4. An agency shall submit a report in electronic format to the State Purchasing Director on a quarterly basis, which lists all contracts issued pursuant to this section. The report shall be submitted by the 5th business day of each new quarter. 

1. General. The State Purchasing Director shall utilize a competitive sealed solicitation as required by state law and rules of this Chapter or when it is determined by the acquiring agency to be in the best interest of the state. Competitive sealed solicitations for acquisitions shall be issued by invitation to bid, RFP or request for quotation. 
2. Solicitation contents. The solicitation shall indicate all information the supplier shall submit with the supplier’s bid. 
3. Supplier notification. 
   1. Registered suppliers. The State Purchasing Director shall notify suppliers of solicitations for commodities for which the supplier registers. Notification is dependent upon a supplier providing the Office of Management and Enterprise Services valid and up-to-date information.
   2. Suppliers a state agency recommends. The State Purchasing Director will also notify suppliers recommended by a state agency for a solicitation. 
4. Amendments to a solicitation. If the State Purchasing Director amends a solicitation, the State Purchasing Director shall notify each supplier sent the original solicitation of the amendment. 
   1. A supplier shall acknowledge receipt of an amendment in the supplier’s bid or quotation for submission by the closing date and time specified in the solicitation. 
   2. If a supplier has already submitted a bid, the supplier shall submit an acknowledgment of receipt of the amendment by the closing date and time specified in the solicitation. 
5. Limited contact. The State Purchasing Director may limit contact regarding a solicitation between suppliers and agency personnel during the solicitation process. The limitation of contact may be described in the solicitation. All communication between suppliers and the acquiring agency related to a solicitation shall: 
   1. be limited to the acquiring agency’s designated procurement personnel; 
   2. strictly prohibited from any other acquiring agency personnel, unless otherwise stated in the solicitation; and, 
   3. be documented in writing and filed in the acquisition file. 
6. Evaluation method. The State Purchasing Director shall ensure that an evaluation method is clearly identified in any solicitation. The method shall be one of the following: 
   1. lowest and best; or, 
   2. best value. 
7. Specifications. Solicitations shall include specifications or a statement of work. The State Purchasing Director may reference manufacturer names, product names, or other product references as specifications to describe the type or quality of the acquisition. 
8. Terms and conditions. The State Purchasing Director shall include all the terms and conditions for the acquisition in the solicitation. 
   1. Copyrights, patents or intellectual property. If an acquisition includes copyrights, patents or intellectual property rights pursuant to federal law, the solicitation shall request conditions of use for the acquisition. Except as otherwise provided by Section 3206.3 of Title 70 of the Oklahoma Statutes and Section 1365 of this title, any patented property or copyrighted material developed by contracts subject to the Central Purchasing Act, shall be the property of the State of Oklahoma under the sole management of the Office of Management and Enterprise Services. [74 O.S. §34.3(B)]1
   2. Other terms and conditions. The State Purchasing Director may not accept supplier terms and conditions in a supplier’s bid. No alterations or variations of the terms of the contract shall be valid or binding upon the state, unless made in writing and accepted by the State Purchasing Director. 
   3. Other rights and remedies. Actions of the State Purchasing Director shall not limit the rights or remedies of a state agency. 
   4. Rejection of all bids. If the State Purchasing Director finds it to be in the best interest of the State of Oklahoma, any or all bids or proposals may be rejected and a solicitation may be reissued or canceled. 
9. Non-Collusion certification. The State Purchasing Director shall include a non-collusion certification statement in a solicitation. The non-collusion certification shall be included with any bid or proposal submitted to the agency issuing the solicitation. 
10. Pre-bid conference. The State Purchasing Director may state in a solicitation that a supplier pre-bid conference will be held and shall state whether supplier attendance is mandatory or non- mandatory. 
11. Shipping. Bidders shall include all costs associated with delivery of the acquisition F.O.B. destination to the receiving state agency in the solicitation response, unless otherwise specified in the solicitation. 
12. Closing date. The State Purchasing Director shall provide notice to suppliers in the solicitation of the closing date, time and location of a bid opening. In the event it is determined that a significant error or event occurred that affected the receipt of a bid, the OMES Director may authorize OMES to accept a bid after the specified official closing date and time. Failure of the bidder’s computer or electronic equipment or service is not an acceptable event. 
13. Bid receipt. Upon receipt, a state agency shall clearly mark the outside of all envelopes or containers with the receipt date and time. Electronic submission of bids, when allowed, must be submitted in such a manner that the time and date of submission is electronically linked to the bid and cannot be changed. 
14. Firm bid for one hundred twenty (120) days. A supplier’s bid shall be considered a firm bid for one hundred twenty (120) days following the bid closing date, unless otherwise stated in the solicitation. 
15. Sample submission. A solicitation may specify submission of samples to the State Purchasing Director for evaluation purposes. Any samples requested must be provided free of charge. 
    1. Sample tests. Whenever testing is determined necessary by the State Purchasing Director, appropriate standard testing procedures will be used. 
    2. Return of bidder samples. Samples which are not destroyed by testing will be returned at the supplier’s expense if return of the samples is stipulated in the supplier’s solicitation response. 
    3. Successful bidder samples. The State Purchasing Director may retain samples the successful bidder submits to ensure that acquisitions the successful bidder delivers meet specifications in the solicitation. 
    4. Samples become property of state. A sample shall become the property of the State of Oklahoma unless a bidder requests its return and will be disposed of in the same manner as surplus or salvage property. 

• 1. While the citation in OAC 260:115-7-30(h)(1) erroneously refers to §34.3(B), the link correctly goes to 74 O.S. §85.60.

1. Evaluation criteria and documentation. The State Purchasing Director shall develop evaluation criteria to be included in a solicitation, which will be considered during the evaluation of bids. 
2. Evaluation scoring tool. Any evaluation scoring tool utilized shall be consistent with the evaluation criteria contained in the solicitation. 
3. Documentation. Evaluation of the bids shall be documented and filed in the acquisition file. 
   1. Lowest and best bid. If the State Purchasing Director specifies in the solicitation that the bid evaluation criteria is lowest and best, the State Purchasing Director shall consider criteria the Oklahoma Central Purchasing Act specifies to determine the lowest and best bid. [Reference 74 O.S. §85.2] 
   2. Best value bid. If the State Purchasing Director specifies in the solicitation that the bid evaluation methodology is best value, the State Purchasing Director shall develop and apply criteria consistent with 74 O.S. §85.2. 
4. Prohibited disclosure. Agency personnel shall not announce or reveal their decision regarding supplier evaluation or recommendation for award in any public manner or forum, including board meetings, until the State Purchasing Director has issued the award of contract. 
5. Public inspection. The evaluation documentation shall be open for public inspection following contract award. 
6. Bid clarification. The State Purchasing Director may solicit clarification from a bidder regarding the bidder’s bid. The clarification shall not alter or supplement the bid. 
7. Supplier past performance. The State Purchasing Director shall consider bidder performance on previous contract awards and indicate past performance in the evaluation document. 
8. Reasons for bid rejection. The State Purchasing Director shall document in the acquisition file if a bid is non-responsive. Unless the State Purchasing Director finds that a bid deficiency may be cured by a supplier pursuant to (h)(2) of this section, the State Purchasing Director may reject a bid that is non-responsive, or a bid from a bidder who is not responsible, for reasons including, but not limited to reasons listed in this section: 
   1. Non-responsive bid. 
      1. Terms and conditions. A bid that does not meet the terms and conditions of the solicitation may be considered non-responsive. 
      2. Forms use. A bid that does not contain forms or other information the solicitation specifies may be considered non-responsive. 
      3. Incomplete forms. If forms required by the solicitation do not contain complete information, the bid may be considered non-responsive. 
      4. Form entries improper. If information provided in the solicitation documents is not legible, typewritten or printed, or submitted in the electronic format specified in the solicitation, the bid may be considered non-responsive. 
      5. Improper alterations. If alterations do not bear the initials of the person making the alteration, the bid may be considered non-responsive. 
      6. Use of unauthorized signature. If a signature on a form is not an authorized signature pursuant to state laws and the rules of this chapter, the bid may be considered non- responsive. 
      7. Absence of notary seal. If forms do not contain a notary seal where forms indicate or otherwise comply with the manner of notarization prescribed for the bidding supplier’s state of residence, the bid may be considered non-responsive. 
      8. Bid does not contain bid bond or other surety. If a bidder fails to include a bid bond or other surety specified as a requirement by a solicitation, the bid may be considered non-responsive. 
      9. Bid does not contain samples. If a solicitation specifies that the bid shall contain samples and the bid does not contain samples, the bid shall be considered non-responsive. 
      10. Items not suitable for intended use. If a bid does not offer items suitable for the intended use of the items, the bid shall be considered non-responsive. 
      11. Pricing. If bid pricing does not meet requirements of a solicitation, the bid may be considered non-responsive. 
      12. Bid fails to acknowledge solicitation amendment. If a bid fails to acknowledge an amendment the State Purchasing Director issues to a solicitation, the bid may be considered non-responsive. 
      13. One bid from multiple suppliers. One bid from multiple suppliers that does not designate a prime contractor shall be considered non-responsive. 
      14. ShapeAdditional supplier terms and conditions. If a supplier adds terms and conditions to an acquisition that are contrary to the laws of Oklahoma the bid may be considered non- responsive. 
      15. Signatures on solicitation documents. If an authorized signature is omitted from any solicitation document that requires an authorized signature, the bid may be considered non-responsive. 
   2. Bidder not responsible. 
      1. Failure to provide required information. If the solicitation specifies that suppliers submit information relating to responsibility and a bidder does not submit said information, or the State Purchasing Director determines the bidder is not responsible, the bid may be rejected. 
      2. Proof of insurance. Whenever applicable to a solicitation, if a supplier is unable to provide proof of workers’ compensation insurance or an alternative or exemption as authorized by state law, the supplier may be found not responsible. 
      3. Past performance. If the State Purchasing Director has received complaints on a supplier, the supplier may be found not responsible. 
9. Samples. When a solicitation specifies a bidder submit samples, the State Purchasing Director shall examine the sample to determine the expected performance and service capabilities. 
   1. The State Purchasing Director shall indicate the method of testing and rate the sample’s performance in the evaluation document. 
   2. When the State Purchasing Director issues a solicitation on behalf of a state agency, the State Purchasing Director, with input from the requisitioning agency, shall make the final determination whether a sample meets the solicitation specifications. 
10. Other factors in determination of award. 
    1. Minor deficiencies. The State Purchasing Director may waive minor deficiencies or informalities in a bid if the State Purchasing Director determines the deficiencies or informalities do not prejudice the rights of other bidders, or are not a cause for bid rejection. 
    2. Other types of deficiencies. If the State Purchasing Director determines there is sufficient time prior to the award of a contract and it is in the best interest of the State, the State Purchasing Director may authorize a bidder to cure the following types of deficiencies prior to the award of a contract: 
       1. failure to have an authorized signature; 
       2. failure to obtain a notary signature, stamp or seal; 
       3. failure to sign or initial amendments to bid. 
11. Evaluation criteria. The State Purchasing Director shall establish evaluation criteria for solicitation responses. A state agency shall maintain written documentation of bid evaluations in the acquisition file.

1. Time of award. The State Purchasing Director shall not make a contract award at a bid opening. The contract award shall be made upon completion of the following: 
   1. bid evaluation; 
   2. documentation of evaluation on each bid; 
   3. determination of the lowest and best or best value bidder; 
   4. verification of Oklahoma and Federal debarment status; 
   5. verification, pursuant to applicable provisions of law, that the supplier is registered with the Secretary of State and franchise tax payment status pursuant to 68 O.S. §1203 and §1204, whenever the contract amount is Twenty-five Thousand Dollars ($25,000.00) or greater; 
   6. verification with the Oklahoma Tax Commission that the business entity to which the state contract is to be awarded, has obtained a sales tax permit pursuant to 68 O.S. §1364 if such entity is required to do so; 
   7. coordination of award with the requisitioning state agency, if applicable; and 
   8. completion of any administrative tasks. 
2. Award by item. If a solicitation does not specify an all or none bid, the State Purchasing Director may award to more than one bidder by awarding contract by item or groups of items. 
3. No contract award. A contract may not be awarded when: 
   1. The State Purchasing Director determines no bid meets the requirements of the solicitation. 
   2. The State Purchasing Director determines that all bids exceed fair market value for the acquisition. 
   3. The State Purchasing Director determines the bid price exceeds available state agency funds. 
   4. The State Purchasing Director determines the state agency no longer requires the acquisition in the form or manner the solicitation specifies. 
   5. The State Purchasing Director determines not awarding the contract to be in the best interest of the state. 
4. Evaluation tie. Whenever it is determined that two or more bids are equal, the State Purchasing Director shall determine the successful bidder by a coin toss. 
5. Notification of successful bidder. The State Purchasing Director shall notify the successful bidder within five (5) days of the contract award. 

State agencies may trade in items when they make an acquisition of a like item. The state agency shall determine fair market value for the trade-in item and receive that amount or more as credit on the purchase price of the acquisition. Written documentation of the fair market value analysis shall be filed in the acquisition file by the state agency. The state agency may seek advice from the State Purchasing Director to determine fair market value of the trade-in. 

The State Travel Office is within the Central Purchasing Division and awards contracts for travel and travel services. State agencies shall make travel arrangements through the statewide travel supplier for commercial air travel for state employees in the course of official duties or for persons traveling at state expense. 

1. State agency travel coordinator. The State Purchasing Director encourages state agencies to appoint one or more travel coordinators. The coordinators shall book air travel for the state agency except in case of an emergency. If the state agency appoints a travel coordinator, the state agency shall notify the Travel Office and provide the coordinator’s name, mailing address, telephone number, and facsimile number. 
2. Airline ticket purchases exceptions. The state agency shall determine when an exception to airline ticket purchase shall apply. The state agency shall retain documents the state agency used in exception determination as required by internal purchasing procedures established pursuant to 260:115-5-7. Exception documentation shall be made available per the State Travel Policy. 
   1. If the state agency can acquire air travel at less cost than the contract travel agency, the state agency may use this exception. 
   2. If air travel originates outside the state and it is impractical for the state agency, the state agency may use this exception. 
   3. If air travel is due to an emergency and time does not permit use of the contract travel agency, the state agency may use this exception. 
   4. If air travel is part of a package arrangement by an organization that schedules a meeting or conference, the state agency may use this exception. 
3. State agency credit card for airline travel. A state agency that acquires a purchase card to book and pay for official airline travel shall complete mandatory training as required by the Office of Management and Enterprise Services and comply with all State Purchase Card procedures issued by OMES. 

1. Procurement. 
   1. To ensure accessibility of information technology for individuals with disabilities pursuant to 62 O.S. §34.28, procurement of information technology shall be subject to the Oklahoma Information Technology Accessibility Standards prescribed by the Office of Management and Enterprise Services and maintained by the Information Services Division. These standards apply to all information technology purchased after the effective date of these rules, providing the solicitation process was not initiated prior to the effective date. 
   2. When developing, procuring, maintaining or using information technology, or when administering contracts or grants that include the procurement, development upgrading, or replacement of information technology each state agency shall ensure, unless an undue burden would be imposed on the agency, that the information technology allows employees, program participants, and members of the general public access to use of information and data that is comparable to the access by individuals without disabilities. [62 O.S. §34.28(B)] When used in this section, "state agency" includes all agencies defined in 62 O.S. §34.29. 
   3. Unless an exception applies, an agency must procure a product or service that best meets the business needs of the agency and the applicable IT Accessibility Standards. 
      1. Accessibility determination must be conducted as part of the acquisition evaluation. 
      2. Accessibility must be considered among the general, technical and functional requirements of the procurement specifications. At a minimum, it must be accomplished through review of supplier provided information submitted in the form of a Voluntary Product Accessibility Template (VPAT) or comparable document with judgments made regarding degree of conformance to the IT Accessibility Standards. 
      3. The relative accessibility weighting may be adjusted for due cause based on the specific procurement. 
      4. When acquiring a product, an agency shall acquire products that comply with applicable IT Accessibility Standards when such products are available in the commercial marketplace or when such products are developed in response to an agency solicitation. Agencies cannot claim a product, as a whole is not commercially available by stating no product in the marketplace meets all of the IT Accessibility Standards. Instead, an agency must identify commercial, off-the-shelf products that best meet the general, technical and functional requirements as defined by the agency. Once those products have been identified, the agency should purchase the product that is the most accessibility compliant. 
2. Contract clauses. 
   1. All solicitations and contracts for information technology shall include the accessibility clause adopted by the Information Services Division pursuant to 62 O.S. §34.28. 
   2. The IT Accessibility Standards shall be published on the OMES website. 
   3. A supplier shall provide a written certification, signed by an authorized officer of the supplier, describing the extent to which the product or service complies with applicable IT Accessibility standards required by such contracts or solicitations prior to the expenditure of state funds. An agency may also utilize a VPAT published on a supplier’s primary website. A VPAT obtained from a supplier website shall be good for a one-year period. 
3. Exceptions. Exceptions to compliance with IT Accessibility Standards include: 
   1. information technology operated by state departments or agencies, the function, operation or use of which involves intelligence activities, crypto logic activities related to public safety, command and control of law enforcement, equipment that is an integral part of a weapon or weapons system or systems which are critical to the direct fulfillment of public safety or intelligence missions. Systems which are critical to the direct fulfillment of public safety or intelligence missions do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics and personnel management applications); 
   2. information technology acquired by a contractor or grantee incidental to a contract or grant, provided the technology does not become State property upon the completion of the contract; 
   3. information technology located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; 
   4. information technology requiring a fundamental alteration in the nature of a product or its components to achieve accessibility; 
   5. Except as required to comply with the IT Accessibility Standards, state departments and agencies are not required to install specific accessibility-related software or attach an assistive technology device to information technology products unless required by other applicable State or Federal laws; 
   6. When state agencies provide public access to information or data through information technology, agencies are not required to make products owned by the agency available for access and use by individuals with disabilities at a location other than where the information technology is provided to the public, or to purchase products for access and use by individuals with disabilities at a location other than where the information technology is provided to the public; 
   7. information technology that would impose an undue burden on the agency. 
4. Documentation of exceptions. Whenever an agency determines that an acquisition exceeding $5,000.00 meets the criteria of a general exception or undue burden, the agency shall document the explanation of why, and to what extent, compliance with applicable IT Accessibility Standards meets an exception or creates an undue burden on the agency. Agencies are encouraged but not required to maintain documentation for commercial off-the- shelf acquisitions of $5,000.00 or less unless the purchase is part of an existing contract or affects a larger EIT system where accessibility is critical. 
   1. The explanation shall be documented on a form prescribed by the Information Services Division and signed by the chief administrative officer of the agency or an employee of the agency to which responsibility for accessibility compliance has been delegated. 
   2. The documentation shall be retained in the acquisition file to support the procurement. 
5. Alternative means of access. When compliance with IT Accessibility Standards imposes an undue burden, agencies shall provide individuals with disabilities the information and data involved by an alternative means of access that allows an individual to use the information and data in accordance with other applicable State and Federal laws such as Title I and Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. 

1. Delivery. A supplier shall deliver acquisitions to a state agency within time periods the contract specifies. 
2. Inspection. Unless otherwise provided in the contract documents, the state agency shall inspect acquisitions from the supplier within a reasonable time after supplier delivery. 
3. Rejection. The state agency shall reject acquisitions from the supplier that do not meet specifications or other terms and conditions of the contract. The supplier shall pay costs to retrieve and replace acquisitions that do not meet specifications with a conforming item or service. 
4. Acquisition title. Title to acquisitions shall not pass from the supplier to the state agency until the state agency receives, inspects and accepts the items. The state agency shall document, at a minimum, the date of delivery, the name and address of the supplier, a description of the goods received, and the signature of the receiving agency employee. 
5. Subcontractor performance. A supplier shall be responsible for the performance of subcontractors. The supplier shall provide a single point of contact for the state agency when the supplier uses subcontractors. The supplier shall notify the state agency and the Central Purchasing Division if the supplier uses a subcontractor the supplier did not disclose in the supplier’s bid. 
6. Contract changes. If a supplier determines a requested change to the contract or performance exceeds the original scope of the solicitation, the supplier shall notify the State Purchasing Director or the state agency. No changes shall be made prior to the approval of a change order in accordance with Section 260:115-9-3. 
7. Contract assignment. A supplier shall not assign or subcontract a contract to another supplier, individual, business entity or organization unless otherwise specified in the solicitation. 
8. Performance evaluation. 
   1. State agencies shall develop a process to consistently assess and document the quality of products and/or services acquired from a supplier. 
   2. State agencies shall retain written documentation of evaluation of the performance of services provided pursuant to a professional services contract with the acquisition file. If the evaluation indicates deficiencies with the supplier’s work, the state agency shall submit a Professional Service Evaluation to the State Purchasing Director. [Reference 74 O.S. §85.41] 

1. Quality assurance inspections by state agencies. A state agency must establish quality assurance procedures that ensure timely and thorough inspection of acquisitions delivered to the agency. It is critical that problems with delivery or the quality of the acquisition delivered be promptly communicated to the agency’s primary procurement official and the State Purchasing Director. 
2. Resolution of dispute between a state agency and supplier. Whenever a supplier provides a state agency with defective products or fails to perform in accordance with contract requirements, a state agency shall notify the supplier in writing of the deficiency and include information necessary for the supplier to resolve the problem. If the state agency and supplier are unable to resolve the dispute, the state agency shall submit a written request for dispute resolution to the State Purchasing Director. 
3. State agency submission of supplier performance evaluation form. A state agency shall request the State Purchasing Director seek dispute resolution by submitting a Supplier Performance Quality Report, whenever a supplier: 
   1. fails to timely retrieve and replace an acquisition that does not meet or exceed contract specifications; 
   2. does not refund payment for an acquisition that does not meet or exceed contract specifications; or, 
   3. fails to resolve any other problem that conflicts with the contract specifications in a timely manner. 
4. State Purchasing Director dispute resolution action. 
   1. State Purchasing Director resolves dispute. If the State Purchasing Director resolves the dispute, the supplier and state agency shall be notified of the dispute resolution terms and conditions. 
      1. Supplier fails to meet terms or conditions. If the supplier fails to meet terms or conditions of the dispute resolution, the State Purchasing Director shall terminate the contract between the supplier and the state agency, and may suspend the supplier. 
      2. State agency fails to meet conditions. If the state agency fails to meet conditions of the dispute resolution, the State Purchasing Director may order an audit of the state agency’s acquisitions pursuant to 260:115-5-19. 
   2. State Purchasing Director fails to resolve the dispute. If the State Purchasing Director fails to resolve the dispute between the state agency and the supplier, the State Purchasing Director shall take an action in this subparagraph. 
      1. Supplier fails to meet terms and conditions. If the State Purchasing Director determines that the supplier fails to meet terms and conditions of the contract, the State Purchasing Director shall terminate the contract between the supplier and the state agency, and may suspend the supplier. 
      2. State agency fails to meet contract terms and conditions. If the State Purchasing Director determines that actions of the state agency fail to meet terms of the contract, the State Purchasing Director may order an audit of the state agency’s acquisitions pursuant to 260:115-5-19. 

1. Use of State Purchase Cards. Use of State Purchase Cards (P/Cards) authorized by the State Purchasing Director [Reference 74 O.S., §85.5] shall be subject to the policies and procedures of the State Purchase Card Program established by the State Purchasing Director to ensure compliance with the statewide contract for this service. 
2. Condition of participation. A condition of participation in the State Purchase Card Program shall be compliance with the terms of the State Purchase Card Procedures established by the State Purchasing Director. Failure to comply with all conditions of participation may result in a state entity’s removal from the purchase card program by the State Purchasing Director. 

1. Use of any State Purchase Card authorized by the State Purchasing Director is limited to the person whose name is embossed on the card. The card shall not be loaned to another person. 
2. The cardholder shall ensure the State Purchase Card is kept in a secure manner and the State Purchase Card account number on the card is not posted or left in a conspicuous place. 
3. The state entity is responsible for maintaining adequate security of State Purchase Card account numbers and related information.

A receipt shall be obtained for all purchases regardless of the order method. The receipt shall give an itemized and detailed description of the purchase and must include at a minimum: 

1. name and location of supplier; 
2. date of purchase; 
3. description of product purchased; 
4. unit price and quantity purchased; and, 
5. transaction total. 

Bidders responding to a solicitation meeting the criteria of a service-disabled veteran business as defined in 74 O.S. § 85.44E shall be given a three percentage (3%) bonus points preference during the solicitation evaluation. 

1. Bidder Requirements. 
   1. Bidder shall respond to the solicitation as a service-disabled veteran business by checking ‘YES' to the Disabled Veteran Business Enterprise Act question on the Responding Bidder Information form in the solicitation. 
   2. Bidder shall provide a letter from the United States Department of Veterans Affairs which certifies the veteran(s) has a service connected disability. 
   3. Bidder shall provide documentation of the business organizational structure demonstrating, 
      1. Not less than fifty-one percent (51%) of the business ownership is by one or more service-disabled veterans, and 
      2. The management and daily business operation is controlled by one or more service-disabled veterans. 
2. Solicitation Evaluation Requirements. After the total evaluation score for each responding bidder has been calculated, three percentage (3%) bonus points will be added to the total evaluation score for each responding bidder meeting the criteria of a service-disabled veteran business. 
3. Reporting Requirements. Pursuant to 74 O.S. § 85.44E, the Director of the Office of Management and Enterprise Services shall have a goal of three percent (3%) of all contracts be awarded to service-disabled veteran businesses. On or before September 1 of each year, each state entity shall submit an electronic report to the State Purchasing Director documenting all solicitations awarded by the state entity in the previous fiscal year. The State Purchasing Director will define the report format and content required to collect the service-disabled veteran business data.