SECTION 260:40-37-2. Definitions  


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  •   The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
    "Audit Clause" means in accepting any contract with the Oklahoma State Employee Benefits Department, the Bidder must agree to an audit clause which provides that books, records, documents, accounting procedures, practices or any other items of the service provider relevant to the contract are subject to examination by the EBD, State Auditor and Inspector, or other designated entities.
    "Award" or "Contract award" means when the EBD votes to approve the acceptance of a proposal from a qualified Bidder meeting all requirements of the procurement as determined by the EBD.
    "Bidder" means any entity submitting a competitive proposal in response to a solicitation for flexible benefit plans issued under this Chapter.
    "Bidder's List" means the list maintained by the Contracts Administrator setting out the names and addresses of qualified suppliers of flexible benefit plans from whom proposals can be solicited.
    "Business Day" means any day except Saturday, Sunday, or a legal holiday for State employees as proclaimed by the Governor.
    "Competitive Negotiation" means the method by which the EBD may contract with qualified Bidders for flexible benefits plans through best and final offer (BFO) process.
    "Confidential Information" means information clearly designated in the RFP as being proprietary information and which shall be retained as confidential. All information included in or with a Bidder's proposal lacking such a designation shall be subject to the Oklahoma Open Records Act (51 O.S.2001, § 24(A)(1) et seq.).
    "Contract" means when a Bidder submits a proposal, the proposal is submitted as a legal offer and any proposal, when accepted by the EBD constitutes a contract (See Award).
    "Contracts Administrator" means the Contracts Administrator employed by the EBD.
    "EBD" means the Oklahoma State Employee Benefits Department.
    "EEOC" means Equal Employment Opportunity Commission.
    "Director" means the Director employed by the EBD.
    "Formal Proposal" means a proposal which must be submitted in a sealed envelope or container and in conformance with a prescribed format, to be opened at a specified time and specified place. (See also, Proposal.)
    "HEDIS" means Health Plan Employer Data and Information Set.
    "Ineligible Bidder" means a prospective service provider who, by reason of financial instability, unsatisfactory performance as documented by the EBD or other deficiency, does not meet the qualifications for placement on the bidder list.
    "Late Bid" or "Late Proposal" means a bid or proposal received at the place specified in the RFP after the date and time designated for all proposals to be received.
    "Proposal" means the executed document submitted by a Bidder in response to a Request for Proposal (RFP) issued by the EBD.
    "Readiness Reviews" means the process by which the contracting authority makes scheduled on-site visits to the service provider for purposes of testing the readiness of the provider.
    "Request for Proposal" or "RFP" means the solicitation document used for competitive sealed bidding.
    "State" means the State of Oklahoma, acting by and through the EBD or its/their designee.
    "Vision Plan" means a company, organization, group, or person who owns, operates, and provides a health care benefit plan designed for the care of the eye or the correction or enhancement of one's eyesight.
[Source: Added at 31 Ok Reg 1358, eff 9-12-14]