SECTION 260:115-3-23. Supplier debarment

(a)   Cause for debarment. The State Purchasing Director may debar a supplier and revoke the supplier's authority to be included on the Supplier List, to be eligible to submit bids to state agencies, to be awarded a contract by a state agency subject to the Central Purchasing Act and cancel any existing contracts with the State of Oklahoma. The State Purchasing Director may serve upon the supplier a notice to show cause why the supplier should not be debarred. For the purposes of this section, "State Purchasing Director" does not include employees of state agencies to whom the State Purchasing Director has delegated authority. The debarment shall be for a period of no more than three (3) years. Debarment shall be for any of the following reasons:

(1)   conviction of an individual or business entity guilty of a felony involving fraud, bribery or corruption;

(2)   conviction of an individual or business entity of a misdemeanor involving a gift, donation or gratuity an individual or business entity gives to an official of the Office of Management and Enterprise Services, an immediate family member of an official of the Office of Management and Enterprise Services, or any state employee or agent of the State Purchasing Director, acting within the scope of delegated authority;

(3)   conviction of an individual or business entity of a felony involving the Anti-Kickback Act of 1974; or,

(4)   debarment by federal government entities.

(b)   Debarment considerations. The State Purchasing Director shall consider factors of this subsection when considering debarment of an individual or business entity.

(1)   Disassociation. The efforts, if any, of the individual or business entity, to disassociate itself from individuals and business entities responsible for convictions.

(2)   Imputed business entity. Conviction of an individual, affiliate or associate a business entity employs may impute the business entity.

(3)   Imputed individual. Conviction of a business entity may impute an individual, affiliate or associate of the business entity.

(4)   Time period. The period of time during which the acts leading to conviction of the individual or business entity occur.

(5)   Failure to respond to inquiries. Failure of the individual or business entity to respond to inquiries by the State Purchasing Director regarding factors that may lead to debarment.

(6)   Other factors. Any other factors regarding the individual or business entity the State Purchasing Director determines appropriate.

(c)   State Purchasing Director options. Upon review and consideration of factors relevant to the proposed debarment of an individual or business entity, the State Purchasing Director shall take one of the following actions:

(1)   Decline to debar. Decline to debar an individual or business entity;

(2)   Suspension. Suspend an individual or business entity for a period of time up to one year, as the State Purchasing Director determines appropriate;

(3)   Debarment. Debar an individual, a business entity, or both for a period that shall begin three (3) business days from the date of the final order of debarment and expire no later than the end of the period specified in the order.

(d)   Debarment notice. If the State Purchasing Director debars an individual or business entity, the State Purchasing Director shall notify the individual or business entity in writing.

(e)   Reinstatement after debarment. A debarred individual or business entity may submit a written request for reinstatement to the State Purchasing Director. The State Purchasing Director shall consider information the individual or business entity provides to determine if the individual or business entity merits reinstatement. The State Purchasing Director shall provide written notice of the reinstatement approval or denial.

(f)   Supplier appeal of State Purchasing Director's action. A supplier may appeal a debarment or a denial of reinstatement by the State Purchasing Director to the OMES Director within ten (10) business days of the date of the final order of debarment or the denial of reinstatement notice pursuant to 75 O.S. §§309 et seq and the provisions of 260:115-3-19.

[Source: Added at 31 Ok Reg 1526, eff 9-12-14; Amended at 36 Ok Reg 1633, eff 9-13-19]