Okla. Admin. Code § 317:10-1-28

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

Section 317:10-1-28 - Contracting officer's actions

(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 acceptance of bids due to a significant error or incident that occurred which affected the receipt of a bid, per OAC 260:115-3-11;

(3) Failure to comply with bidder instructions or solicitation requirements;

(4) Failure to meet any mandatory specification of the solicitation; however, failure to meet a permissible specification of the solicitation will not be a valid reason to reject a bid;

(5) Failure to submit the bid by the strict deadline as described by date and time within the solicitation; and

(6) Attempted or actual inclusion or imposition of terms or conditions that would modify the requirements of the solicitation, require OHCA to indemnify the bidder or a third party, or limit the bidder's liability.

(b) The contracting officer may take any reasonable action with regard to a solicitation, including but not limited to:

(1) Waiving minor irregularities in any bid if determined to be in the best interest of the State. If granted, a waiver will in no way modify the requirements of the solicitation or the obligations of bidders awarded contracts;

(2) Awarding a contract based on a solicitation and the bid of any selected bidder;

(3) Awarding the contract to more than one (1) bidder;

(4) Rejecting any or all bids received, if deemed to be in the best interest of the State;

(5) Requesting clarification or correction of any bid;

(6) Amending any solicitation or any segment of any solicitation;

(7) Canceling any solicitation, if determined to be in the best interest of the State; or

(8) Discontinuing the solicitation process at any time prior to contract award.

(c) The contracting officer may question the grade and quality of any acquisition delivered to the agency.

(1) The contracting officer or delegate has sole discretion in determining whether the acquisition meets the grade and quality specified in the contract.

(2) If the acquisition fails to meet the contract-specified grade and/or quality, OHCA may take remedial action with the appropriate supplier. Refer to 74 O.S. § 85.6.

Okla. Admin. Code § 317:10-1-28

Adopted by Oklahoma Register, Volume 39, Issue 03, October 15, 2021, eff. 9/7/2021

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022