260:115-7-32. Bid evaluation and contract negotiation and award

  1. Evaluation criteria and documentation.
    The evaluation criteria used shall be consistent with the evaluation criteria communicated to potential bidders. Evaluation of the bids shall be documented and filed in the acquisition file and, whether the criteria is based on the lowest and best bid or best value, the criteria shall be consistent with criteria specified in the Purchasing Act.
  2. Prohibited disclosure.
    The decision regarding supplier evaluation or recommendation for award shall not be announced in any public manner or forum, including board meetings, until the contract has been awarded.
  3. Public inspection.
    The evaluation documentation shall be open for public inspection following contract award.
  4. Bid clarification.
     Clarification may be requested from a bidder regarding the bidder's bid. The clarification shall not alter or supplement the bid.
  5. Past performance.
    Bidder performance on previous contract awards may be considered in the evaluation.
  6. Reasons for bid rejection.
    The acquisition file shall be documented if a bid is non-responsive. Unless a bid minor deficiency may be cured pursuant to this rule or other guidance or directive of the State Purchasing Director, a bid may be rejected as non-responsive, or a bid from a bidder who is not responsible may be rejected, 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. Additional 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 a bid does not include required information relating to responsibility, or the State Purchasing Director determines a bidder is not responsible, the bid may be rejected.
      2. Proof of insurance.
         Whenever applicable, if a bidder is unable to provide proof of workers' compensation insurance or an alternative or exemption as authorized by state law, the bidder may be found not responsible.
      3. Past performance.
         If the State Purchasing Director has received performance complaints on a supplier, the supplier may be found not responsible.
  7. Other factors in determination of bid responsiveness.
     A minor deficiency in a bid may be waived or cured if the acquiring agency determines the deficiency does not prejudice the rights of other bidders, if there is sufficient time prior to contract award in which to cure the deficiency or is not a cause for bid rejection. A minor deficiency does not affect the price, quantity, quality, delivery or conformance to specifications and is negligible in comparison to the total cost or scope of the acquisition. For illustrative purposes, examples are:
    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.
  8. Contract Negotiation.
     Any negotiations shall be conducted by the agency with authority to make the acquisition and may be conducted with one or more suppliers.
  9. Negotiation team.
    1. A state agency may request assistance from the State Purchasing Director when conducting negotiations, which may include a request for the designation of a negotiator or negotiation team.
    2. The State Purchasing Director or designee shall serve as the lead negotiator when negotiations are being conducted for solicitations issued by the OMES Purchasing Division.
  10. Negotiation process.
     As applicable, the negotiation process shall be conducted as follows:
    1. The lead negotiator shall notify suppliers of the date and time for negotiations.
    2. The lead negotiator shall request the supplier provide a list of the individuals who will attend the negotiation and who have full authority to bind the supplier in the negotiation process.
    3. The lead negotiator shall determine the location and manner of negotiation.
    4. The negotiation team shall develop an agenda with the lead negotiator and submit the agenda to all participants of the negotiation process. The agenda shall set forth the key areas in the solicitation, which require negotiation.
    5. The lead negotiator may require suppliers to submit a best and final offer.
    6. The lead negotiator shall prepare a summary that shall document the following:
      1. an overview setting forth the solicitation number, names and titles of participants, description of the solicitation, date and location of the negotiation, and purpose of the negotiation; and
      2. a summary of the results of the negotiation, specifically stating what is the basis of the final agreement.
      3. A summary created under these rules shall become a part of the acquisition file retained.
  11. Terms.
     The following applies to the terms of a state contract:
    1. 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 70 O.S. §3206.3 and 74 O.S. §1365, 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.
    2. 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 agency with authority to make the acquisition.
    3. A contract shall not contain a term obligating the state or a specific acquiring agency to:
      1. defend, indemnify or hold harmless another person or entity;
      2. be bound by terms and conditions unknown at the time of signing such contract, not specifically attached to the contact but only found included in embedded links or which may be unilaterally changed by the other party;
      3. any venue other than Oklahoma County, Oklahoma;
      4. construe the contract in accordance with any laws other than the law of the state of Oklahoma;
      5. binding arbitration;
      6. a person other than the state Attorney General to defend or represent the state;
      7. automatic renewal such that state funds would be obligated in a subsequent fiscal year;
      8. a default remedy assessed against the state including but not limited to liquidated damages; or
      9. payment or reimbursement of taxes;
    4. Any prohibited term included in a contract shall be void and the contract shall be otherwise enforceable as if it did not contain such term. Should the inclusion of any prohibited term result in amounts erroneously paid by the state, the supplier will immediately reimburse such amount upon request by the state.
  12. Time of award.
     The contract award shall not be made at the time of a bid opening but 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;
    6. coordination of award with the requisitioning state agency, if applicable; and
    7. completion of any award-related administrative tasks.
  13. Award by item.
     If the procurement documents do not specify an all or none bid, more than one bidder may be awarded a contract by item or groups of items.
  14. No contract award.
     A contract may not be awarded when:
    1. no bid meets the requirements of the solicitation.
    2. all bids exceed fair market value for the acquisition.
    3. the bid price exceeds available state agency funds.
    4. the state agency no longer requires the acquisition in the form or manner specified.
    5. not awarding the contract is determined to be in the best interest of the state.
  15. Evaluation tie.
     Whenever it is determined that two or more bids are equal, the successful bid shall be determined by a coin toss.
  16. Notification of successful bidder.
     The successful bidder shall be notified within a reasonable time after determination of the contract award.
Back to top

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

 

 

Contact Us