Skip to main content

74 O.S. § 85.45s. Rules

The Director of the Office of Management and Enterprise Services shall promulgate rules to implement the Oklahoma Online Bidding Act. 

Associated Rules

  1. Purpose. Unless otherwise specified, supplier registration pursuant to this section provides a supplier with automatic notification of bid opportunities but is not required for a supplier to respond to a solicitation. Automatic notification is dependent upon a supplier providing the Office of Management and Enterprise Services valid and up-to-date information. Supplier registration is required for any supplier selected for award or renewal of a contract pursuant to the Central Purchasing Act and these rules. 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.
    1. Suppliers may be required to prequalify for the purpose of responding to online solicitations.
    2. Suppliers shall prequalify in accordance with procedures established by the State Purchasing Director.
  2. Registration. A supplier may apply for registration online as established by 74 O.S. 85.33, for each commodity class listed in the registration application, to be placed on the Supplier List for a one-year period. Registered suppliers are to be notified by the Central Purchasing Division or by non-exempt state agencies pursuant to applicable laws and rules, of solicitations for each commodity class for which a supplier registers. The State Purchasing Director shall not place a supplier on the Supplier List if the supplier provides incomplete registration information or if the State Purchasing Director, in his or her sole discretion, determines the supplier is not a responsible supplier.
  3. Registration fee. A registered supplier may renew a registration prior to the expiration date of the supplier’s current registration in order to remain on the Supplier List. The Office of Management and Enterprise Services shall not refund supplier registration fees.
  4. Voluntary removal from Supplier List. A supplier may submit a written request to the Central Purchasing Division to request to be removed from the Supplier List for a commodity. 

  1. 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.
  2. If the bidder submits information in a response to a solicitation that the bidder considers confidential or proprietary, the bidder shall: 
    1. specifically identify what information is confidential or proprietary upon each page containing confidential or proprietary information; 
    2. 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 
    3. conspicuously mark on the outside of the bid packet to indicate it contains confidential information.
    4. 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.
  3. 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] 

  1. Submission location. Bidders shall submit bids to the location the solicitation specifies. 
  2. Bid submission contents. Bidders shall submit all forms, documents and contents required by a solicitation as instructed in the solicitation. The legal name and complete address of the bidder, solicitation number and closing date shall be prominently displayed on each item submitted as specified in the solicitation. 
  3. Submission of non-collusion certification. The certification shall have an authorized signature certifying the non-collusion statement. 
  4. Bid receipt. Upon receipt, the acquiring 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. 
  5. Late bids. The State Purchasing Director shall reject all bids or proposals received after the closing date and time unless the State Purchasing Director has authorized acceptance of bids due to a significant error or incident that occurred which affected the receipt of a bid. Electronic bids solicited by online bidding may be accepted after the closing date and time only if the State Purchasing Director has authorized acceptance of bids due to a significant error or incident that occurred which affected the electronic receipt of an online bid. Unless opened for identification, bids received late will be returned unopened in a timely manner. 

  1. When a state agency determines electronic or online bidding is more advantageous than other procurement methods provided by the laws of this state, the state agency may use online bidding to obtain bids as authorized by the Oklahoma Central Purchasing Act for the purchase of goods, services, construction, or information services. 
  2. The use of electronic commerce for solicitation, notification, and other procurement processes as provided for in 74 O.S. §85.45r and the Oklahoma Central Purchasing Act and/or the Public Building Construction and Planning Act shall be subject to the policies and procedures of the Online Bidding Standards authorized by the OMES Director and established by the State Purchasing Director. 

Purchasing Reference Guide

References

Administrative Rules

Back to Top
Back to top

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

 

 

Contact Us