Okla. Admin. Code § 753:11-3-8

Current through Vol. 42, No. 4, November 1, 2024

Section 753:11-3-8 - Contract negotiation and award

(a) Bid Documents. Documents submitted by a bidder in response to a solicitation are public records and will be available for review upon request, unless otherwise deemed proprietary or confidential, but only after a supplier is selected and the contract is awarded. If the bidder submits information in a response to a solicitation that the bidder considers proprietary or confidential, the bidder shall:

(1) submit such information separately;

(2) specifically identify what information is proprietary or confidential upon each page containing proprietary or confidential information;

(3) enumerate the specific reasons based on applicable law which support treatment of the material as exempt from disclosure; and

(4) conspicuously mark on the bid or bid package that it contains proprietary or confidential information.

(b) The Trust will review the information and may or may not designate a bidder's information as proprietary or confidential. If the Trust does not agree that the information is proprietary or confidential, then the Trust will return and not evaluate that information. the Trust may or may not reject all requests to disclose proprietary or confidential information designated as such. [74 O.S. § 85.5(J)(9); 51 O.S. § 24A]

(c) The Trust shall make a contract award following bid opening and upon review of the following:

(1) Bid evaluation and documentation of same;

(2) Determination of lowest and best or Best Value bidder;

(3) Verification of the requirements, where applicable, identified at 753:11-3-1.

(d) An evaluation tie will be decided by a coin toss, the procedure for which will be determined by the CEO.

(e) The Trust may negotiate a contract with one or more suppliers.

(f) The Trust shall notify the successful bidder within five (5) business days of the contract award.

(g) The Trust may elect not to award a contract based on a determination that:

(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 funds;

(4) The Trust no longer requires the acquisition either in whole or in the form or manner specified in the solicitation; or

(5) Not awarding the contract is in the Trust's best interests.

Okla. Admin. Code § 753:11-3-8

Adopted by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/18/2019

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/1/2023