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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 260:40-37-5. Bidder retention and removal from bidder list
Latest version.
- (a) To ensure Bidders perform in the best interest of the State, it is necessary to address problems in a swift and equitable manner for all concerned. The EBD has determined that Bidder misconduct can cause irreparable harm to the EBD and its eligible participants. It is therefore recognized that penalties for poor Bidder performance and/or violation of State and Federal statutes must be addressed.(b) The EBD may remove any Bidder for any material infraction(s) as determined by the EBD to be in the best interest of the State and members, including but not limited to the following. The amount of time a Bidder is removed from the Bidder's List shall be determined by the EBD:(1) A Bidder which has contracted with the EBD to provide flexible benefit plan(s) and which terminates its contract with the EBD prior to the contract expiration date.(2) Financial insolvency.(3) A conviction or plea of guilty to a felony involving fraud, bribery or corruption to the State or to any of its political subdivisions.(4) Giving false or misleading information in an application for inclusion on the Bidder's List.(5) Certification by the Oklahoma Human Rights Commission that the Bidder is engaging in a discriminatory practice as defined in 25 O.S. §§ 1505 and 1604.(6) Failure on the part of the Bidder to meet EEOC and other requirements mandated by public legislation or EBC.