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OAC 260:115-7-36 - Contract award

  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. 

Associated Statutes

Disabled Veteran Business Enterprise Act
74 O.S. § 85.44E Disabled Veterans Enterprise Act

Purchasing Reference Guide

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