Oklahoma Administrative Code
Title 317 - Oklahoma Health Care Authority
Chapter 10 - Purchasing
Section 317:10-1-28 - Contracting officer's actions
Universal Citation: OK Admin Code 317:10-1-28
Current through Vol. 41, No. 13, March 15, 2024
(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.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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