SECTION 260:65-1-10. Bid review and evaluation

(a)   At the conclusion of the bid opening, the bid tabulation is forwarded to the state agency for review and evaluation, concurrently with the review and evaluation by the Department. The following items are reviewed:

(1)   Surety companies. Surety companies used to issue bonds must be registered to do business in Oklahoma and prequalified as good and sufficient by the Department pursuant to 260:65-1-9. When a bid bond is required and the bond submitted is from a company not registered in Oklahoma or prequalified by the Department as good and sufficient, the bid shall be disqualified. [61 O.S., Section 134 and Section 204(A)(11)]

(2)   Verification of bid contents.

(A)   Extensions on unit price calculations shall be checked. In case of an error, the unit price shall govern.

(B)   When there is a variance between the amount in words and the figures, the amount in words shall govern.

(C)   Bid forms containing omissions, alteration of form, additions, or conditions not called for, or containing a clause in which the bidder reserves the right to accept or reject a contract, shall be disqualified.

(D)   The Department may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work; and, if there is reasonable doubt that the bid will result in the lowest overall cost to the Owner even though it may be the low evaluated bid; or, if it is so unbalanced as to be tantamount to allowing an advance payment.

(E)   Failure to submit unit prices for any requested work item shall cause the bid to be disqualified.

(b)   Before a contract may be awarded to a bidder, the bidder's ability to perform the required work is considered. [61 O.S., Section 118] Any of the following may be grounds for disqualifying the bidder.

(1)   More than one bid for the same work from an individual, firm, partnership, joint venture or corporation under the same or different names.

(2)   Evidence of collusion among bidders, subcontractors or material suppliers. [61 O.S., Section 115]

(3)   Lack of responsibility as shown by past work for the State of Oklahoma judged from the standpoint of workmanship and progress.

(4)   Uncompleted work under any contract with the State of Oklahoma or any party which might hinder or prevent the prompt completion of the contract, if awarded.

(5)   For being in arrears on existing contracts with the State of Oklahoma or having defaulted on a previous contract or failure to comply with any other just and reasonable cause.

(6)   Certificate by the Oklahoma Human Rights Commission that the bidder has engaged or is engaging in a discriminatory practice as defined in 25 O.S., Section 1505 or Section 1604.

(7)   Any violation of 260:65-1 or other information indicating that the bidder is no longer responsible nor qualified to do business with the State.

(c)   The review/evaluation shall be completed within the amount of time specified by 61 O.S., Section 111 after the bid opening.

(d)   Decisions leading to the contract award may be appealed in writing within five working days of notice of the decision to the Director, Office of Management and Enterprise Services.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]