OAC 317:10 — Purchasing (§ 317:10-1-1 to 317:10-1-33)

(a) The purpose of this Chapter is to describe the rules governing the contracting and purchasing requirements of the Oklahoma Health Care Authority (OHCA), as directed by 74 O.S. § 85.39. OHCA maintains two (2) internal units that are responsible for the acquisition of goods, eq…

Notes Okla. Admin. Code § 317:10-1-10 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergenc…

Notes Okla. Admin. Code § 317:10-1-11 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergenc…

(a) Protests of awards made by OHCA under 74 Okla. Stat. §85.5N are addressed at OAC 317:2-1-1 et seq. (b) Bidders who wish to protest any other award shall follow the process outlined in the OMES rules at OAC 260:115-3-19. Notes Okla. Admin. Code § 317:10-1-12 Added at 11 Ok Reg…

Notes Okla. Admin. Code § 317:10-1-13 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 13 Ok Reg 3461, eff 7-16-96 (emergency); Amended at 14 Ok Reg 1764, eff 5-27-97; Revoked at 16 Ok Reg 3403, eff 7-1-99 (emergen…

Notes Okla. Admin. Code § 317:10-1-14 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Revoked at 16 Ok Reg 3403, eff 7-1-99 (emergency); Revoked at 17 Ok Reg 1180, eff 5-11-00 AUTHORITY: OK-OAC <div>The Oklahoma Health Care …

Notes Okla. Admin. Code § 317:10-1-15 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergenc…

The authority to procure needed products and services for OHCA has been delegated to OHCA from the Office of Management and Enterprise Services, Central Purchasing Division. The OHCA Board delegates authority for expenditure of funds to the CEO and other OHCA officers and personn…

Notes Okla. Admin. Code § 317:10-1-17 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergenc…

Notes Okla. Admin. Code § 317:10-1-18 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergenc…

Notes Okla. Admin. Code § 317:10-1-18.1 Added at 16 Ok Reg 3403, eff 7-1-99 (emergency); Added at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergency); Amended at 24 Ok Reg 871, eff 5-11-07; Revoked at 27 Ok Reg 1668, eff 5-14-10 (emergency); Revoked at …

Notes Okla. Admin. Code § 317:10-1-18.2 Added at 16 Ok Reg 3403, eff 7-1-99 (emergency); Added at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergency); Amended at 24 Ok Reg 871, eff 5-11-07; Revoked at 27 Ok Reg 1668, eff 5-14-10 (emergency); Revoked at …

Notes Okla. Admin. Code § 317:10-1-19 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergenc…

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Acquisition" means items, products, materials, supplies, services, and equipment that OHCA acquires by purchase, lease-purchase, lease with…

Notes Okla. Admin. Code § 317:10-1-20 Added at 16 Ok Reg 3403, eff 7-1-99 (emergency); Added at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergency); Amended at 24 Ok Reg 871, eff 5-11-07; Revoked at 27 Ok Reg 1668, eff 5-14-10 (emergency); Revoked at 28…

(a) Standard of conduct. The Oklahoma Central Purchasing Act, State Ethics Commission rules, and other state laws contain regulations, prohibitions, and penalties governing procurement ethics. Transactions relating to the public expenditure of funds require the highest degree of …

(a) Types of conflicts of interest. Three (3) types of conflict-of-interest forms may be used for OHCA to clear conflicts related to procurement. (1) General conflicts of interest. OHCA requires all employees or officers to sign general conflict-of-interest forms annually. (2) Co…

(a) Unless otherwise prohibited by law, OHCA may engage in value-based purchasing with regard to any contract for goods, services, or professional services. (b) Unless otherwise prohibited by law, OHCA may include in any contract for health plan or managed care services any conce…

(a) One (1) bid. Bidders may submit only one bid in response to any solicitation. Except as requested by OHCA, no bid may be changed after the response due date and time. If the bidder needs to change a submitted bid prior to the response due date and time, the bidder will withdr…

Any bid, including all related and submitted documents and information, is part of the public record(s) and is subject to disclosure; unless otherwise specified in the Oklahoma Open Records Act, the Central Purchasing Act, or other applicable law. All material submitted by a bidd…

(a) Unless otherwise specified in the Oklahoma Open Records Act, Central Purchasing Act, or other applicable law, documents and information that a bidder submits as part of or in connection with a bid are public records and subject to disclosure after the contract has been awarde…

(a) At any time prior to the submission deadline of any solicitation, a bidder may withdraw a bid and remove itself from consideration by providing written notification, in the form specified in OAC 260:115-3-13, to the OHCA sole point of contact as identified in the solicitation…

OHCA considers all bids to be firm representations that the responding bidder has carefully investigated and will comply with all OHCA and State terms and conditions relating to the solicitation. A bidder whose bid is accepted for evaluation will be bound by the terms of the soli…

(a) The contracting officer may reject a bid for any valid reason, including but not limited to those listed at OAC 260:115-7-32(8) and the bidder's: (1) Failure to submit required information; (2) Failure to submit the bid by the response date and time unless OHCA has authorized…

In accordance with the OAC 260:115-7-32(10), OHCA has the right but is not required to waive minor deficiencies or informalities if OHCA determines the deficiencies or informalities do not prejudice another bidder. OHCA may also permit bidders to cure certain non-substantive defi…

(a) All acquisitions made by the Oklahoma Health Care Authority shall be in accordance with the Oklahoma Central Purchasing Act, 74 Okla. Stat. §§ 85.1 et seq., other applicable statutory provisions, Office of Management and Enterprise Services Central Purchasing Rules and the Au…

(a) A bidder may submit written questions by email only to the OHCA sole point of contact as designated in the solicitation and using the "Questions" form, in original format, included in the Bidder's Library. (b) OHCA will provide written answers to all technical bid and price q…

OHCA may hold a bidder's conference at OHCA offices or virtually on the date and time specified in the solicitation. Additional information about the bidder's conference, if any, will be provided in advance of the session. Notes Okla. Admin. Code § 317:10-1-31 Adopted by Oklahoma…

A responsive bid that is not otherwise rejected will proceed to bid evaluation, which will be conducted in accordance with the solicitation. Within any solicitation, the bid specifications for evaluation will be provided and will be based on the subject matter of the solicitation…

(a) Time of award. OHCA will not award a contract at the time of a bid opening but, if at all, only 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 o…

Any vendor wishing to do business with the Authority should register on the vendor bidder list maintained by the Central Purchasing Division of the Office of Management and Enterprise Services. The Authority may also send solicitations by request to vendors that are not on the ve…

Notes Okla. Admin. Code § 317:10-1-5 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 13 Ok Reg 3461, eff 7-16-96 (emergency); Amended at 14 Ok Reg 1764, eff 5-27-97; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergenc…

Notes Okla. Admin. Code § 317:10-1-6 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Revoked at 27 Ok Reg 1668, eff 5-14-10 (emergenc…

Notes Okla. Admin. Code § 317:10-1-7 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergency…

Notes Okla. Admin. Code § 317:10-1-8 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Revoked at 27 Ok Reg 1668, eff 5-14-10 (emergenc…

Notes Okla. Admin. Code § 317:10-1-9 Added at 11 Ok Reg 3613, eff 6-15-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3111, eff 7-27-95; Amended at 16 Ok Reg 3403, eff 7-1-99 (emergency); Amended at 17 Ok Reg 1180, eff 5-11-00; Amended at 23 Ok Reg 3171, eff 6-7-06 (emergency…