- Documents a bidder submits in a response to a solicitation are public records and shall be available for review, upon request, only after a supplier is selected and the contract is awarded.1 An electronic quote, bid or proposal submitted through an online solicitation process is subject to the same public disclosure laws. Such requests must comply with the Oklahoma Open Records Act, 51 O.S. § 24A.1. et seq.
- If the bidder submits information in a response to a solicitation that the bidder considers confidential or proprietary, the bidder shall:
- specifically identify what information is confidential or proprietary upon each page containing confidential or proprietary information;
- enumerate the specific grounds, based on applicable laws which support treatment of the material as exempt from disclosure, and explain why disclosure is not in the best interest to the public; and
- conspicuously mark on the outside of the bid packet to indicate it contains confidential information.
- submit all such documents, materials, and information under separate cover. Failure to comply with this requirement may result in the State Purchasing Director’s decision to not consider bidder’s confidential or proprietary claim.
- The State Purchasing Director shall review the information and may or may not designate a bidder’s financial information or proprietary information as confidential and may or may not reject all requests to disclose the information so designated. [Reference 74 O.S. § 85.10]
74 O.S. § 85.10. Records Open for Public Inspection
Except as otherwise provided by law, records of the State Purchasing Director pertaining to any acquisition, contract, transfer, negotiations, order, or rejection shall be open during regular office hours of the Purchasing Division to any person subject to reasonable limitations to prevent the removal of records from the Purchasing Division and to allow records to be kept current and in good order; and the acquisition records of state agencies shall be open to public inspection under the same conditions. If the State Purchasing Director requires bidders to submit bidders’ financial or proprietary information with a bid, proposal, or quotation, the State Purchasing Director may designate the information confidential and reject all requests to disclose the information so designated.
- Time of award. The contract award shall be made upon completion of bid evaluation and associated administrative tasks necessary to complete the acquisition. State agency personnel shall not announce or reveal their decision regarding supplier evaluation or recommendation for award in any public manner or forum, until the State Purchasing Director has issued the award of contract.
- Reasons for bid rejection. The State Purchasing Director may reject a bid when the bid is determined to be non-responsive or the bid is from a supplier who is not responsible, for reasons included, but not limited to, those listed in 260:115-7-32.
- Notification of successful bidder. The State Purchasing Director shall notify the successful bidder within five (5) business days of the contract award.
- Public inspection. The evaluation documentation shall be open for public inspection, upon request, following contract award.
- Retention time period. A state agency shall retain all records relative to acquisitions and contracts as follows:1
- Acquisitions independently processed by agency. Retain documents for the duration of the contract term and for a period of seven (7) years following completion and/or termination of the acquisition, provided all audits have been completed, all applicable audit reports have been accepted and resolved by all applicable federal and state agencies, and provided no legal actions are pending. If an audit, litigation, or other action involving such records is started before the end of the seven (7) year period, the records shall be maintained for two (2) years from the date all issues arising from the action are resolved or until the end of the seven (7) year retention period, whichever is later; and,
- Acquisition documents submitted to Central Purchasing Division for processing. Retain documents until one (1) year after all audits have been completed and all applicable audit reports have been accepted and resolved by all applicable federal and state agencies and provided no legal actions are pending, then destroy. If legal action is pending destroy two (2) years after exhaustion of all legal remedies.
- Acquisition documents processed by Central Purchasing Division. The Central Purchasing Division shall retain documents for the duration of the contract term and for a period of seven (7) years following completion and/or termination of the acquisition, provided all audits have been completed, all applicable audit reports have been accepted and resolved by all applicable federal and state agencies, and provided no legal actions are pending. If an audit, litigation, or other action involving such records is started before the end of the seven (7) year period, the records shall be maintained for two (2) years from the date all issues arising from the action are resolved or until the end of the seven (7) year retention period, whichever is later.
- Records retention location. A state agency shall retain procurement records and documents in a reasonably accessible location unless a written waiver is provided by the State Purchasing Director.
- Records availability. A state agency shall make acquisition records available to the State Purchasing Director for review and the OMES Audit staff for audit purposes.
- Records to be retained. A state agency shall retain acquisition records to include but not limited to justification for the acquisition, supporting documents, related information, acquisition contract, evaluations, other evidence of contractor performance and written reports.
Purchasing Reference Guide
- Oklahoma Central Purchasing Act
- Other Procurement-Related Statutes in Title 74
- Information Technology Procurement
- IT Procurement-Related Statutes in Title 62
- Pay for Success Act
- Oklahoma Correctional Industries Procurement-Related Statute
- OMES Procurement-Related Administrative Rules
- Procurement-Related Caselaw
- Procurement-Related Attorney General Opinions
- Procurement Information Memorandums