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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 260. Office of Management and Enterprise Services |
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Chapter 40. Employee Benefits Department |
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Subchapter 37. Competitive Bidding Criteria and Procedures for Contracts Awarded for Flexible Benefits Plans |
SECTION 260:40-37-12. Administrative review
Latest version.
- (a) If the protesting Bidder does not agree with the Contracts Administrator's decision on the challenge of award, the protesting Bidder may request an administrative review. Any protesting Bidder may appeal a decision by the Contracts Administrator to the Director. In order for the claim to be eligible for administrative review, the appeal must have been through the challenge of award process as per OAC 260:40-37-11.(b) The protesting Bidder must file a notice of appeal with the Director within seven (7) business days of the date of the letter notifying the Bidder of the decision by the Contracts Administrator of the challenge of award by the protesting Bidder, or the postmark of such letter, whichever is later. The letter shall contain the following:(1) The letter must state all the facts and arguments giving rise to the claim of controversy and the appeal.(2) The letter must also state clearly and separately the alleged error by the Contracts Administrator or other EBD personnel and the relief sought with the appeal to the Director.(3) The letter must clearly and separately state that the Bidder is requesting an opportunity to be heard in pursuit of the appeal.(c) Upon receipt of a properly perfected notice of appeal, the Director shall review the appeal or appoint a designee to conduct the administrative review. The Director may appoint any officer of the EBD or may appoint an attorney licensed to practice law to conduct the review. The person conducting the administrative review shall promptly set a time period in which a review will be conducted that will be not more than forty-five (45) days in length beginning from the date the notice is filed. The person conducting the administrative review will set a date in which the Bidder must produce or identify all the documents or other supporting data (verbal or written) which supports the appeal, which date must be within the forty-five (45) day time period above. The person conducting the administrative review may schedule a meeting with the Bidder to discuss the appeal and issues raised, and will examine all such documents and supporting data.(d) Within twenty (20) business days after the administrative review period, the person conducting the administrative review shall notify the protesting Bidder by certified mail. The decision by the person conducting the administrative review shall include findings of the facts and conclusions supporting the decision to uphold the award or set the award aside.(e) The decision shall be final.