260:115-3-21. Supplier suspension and debarment

  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. Cause for suspension shall be any of the following reasons:
    1. a supplier fails to post or allows to expire a bid bond, performance bond, or surety bond, required in connection with an acquisition;
    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, after the solicitation closing date;
    8. a supplier fails to resolve a dispute with a state agency;
    9. a supplier fails to resolve a dispute with a state agency;
    10. upon the final decision by the appropriate regulatory authority or court of competent jurisdiction that a supplier engaged in discriminatory practices;
    11. a supplier misrepresents, fails to provide, or allows to expire a professional certification required in connection with an acquisition;
    12. a supplier colludes with other suppliers to restrain competitive bidding;
    13. a supplier provides a state employee with a kickback;
    14. 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;
    15. a supplier violates any provision of the Oklahoma Central Purchasing Act;
    16. any other reason the State Purchasing Director determines appropriate; or
    17. violation of applicable procurement ethics rules or laws.
  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 designate 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 notice.
  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; however, the supplier shall be suspended pending a determination of the appeal. 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 and the provisions of 260:115-3-19; however, the supplier shall be suspended pending a determination of the appeal.
  4. 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.
  5. 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.
  6. Cause for debarment.
     The State Purchasing Director may debar a supplier resulting in revocation of the supplier being included on the Supplier List, ineligible to submit bids in connection with an acquisition and ineligibility to be awarded a contract by a state agency subject to the Central Purchasing Act and cancellation of any or all 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.
  7. Debarment considerations.
     The State Purchasing Director shall consider factors of this subsection when considering debarment of a supplier.
    1. Disassociation.
       The efforts, if any, of the supplier, 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 supplier that the State Purchasing Director determines appropriate.
  8. State Purchasing Director options.
     Upon review and consideration of factors relevant to the proposed debarment of a supplier, the State Purchasing Director shall take one of the following actions and provide written notice of the action to the supplier:
    1. Decline to debar.
       Decline to debar the supplier;
    2. Suspension.
       Suspend the supplier as the State Purchasing Director determines appropriate;
    3. Debarment.
       Debar the supplier 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.
  9. Reinstatement after debarment.
     A debarred supplier may submit a written request for reinstatement to the State Purchasing Director. The State Purchasing Director shall consider information provided to determine whether reinstatement is merited and shall provide written notice of the reinstatement approval or denial.
  10. 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 (10) business days of receipt of the debarment notice or the denial of reinstatement notice pursuant to 75 O.S. § 309 and the provisions of 260:115-3-19.
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Oklahoma City, OK 73105

 

 

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