SECTION 340:2-13-88. Award of contract

(a)   The responses are forwarded to the requestor for review to determine compliance with the solicitation specifications. The requestor makes a recommendation of award. The recommendation is reviewed by Contracts and Purchasing Unit certified procurement officer (CPO) to ensure compliance with all Oklahoma Department of Human Services (OKDHS) rules, policies, and procedures.

(b)   The CPO has the right to waive minor deficiencies or informalities in a response provided that, in the CPO's judgment, the best interest of the state would be served without prejudice to the rights of the other supplier(s).

(c)   Tie responses may develop between suppliers. If these suppliers are equal in price and all specifications, the award is determined by a coin toss.

(d)   OKDHS reserves the right to award based on best value as defined in Section 85.7 of Title 74 of the Oklahoma Statutes and pursuant to the provisions of the Oklahoma Department of Central Services, rules OAC 580:15-4-11(h).

(e)   The solicitation may be awarded on an all or none basis or by item or groups of items, as specified in the solicitation. OKDHS also reserves the right to award to more than one supplier.

(f)   OKDHS reserves the right to reject, in part or whole, any response.

(g)   The OKDHS Contracts and Purchasing Unit CPO sends a purchase order as acceptable notification of a valid and binding contract with a supplier.

(h)   All awards are made under the terms and conditions as outlined in OAC 340:2-13-89 and any additional terms and conditions as described in the solicitation.

(i)   The purchase order, solicitation, and the successful supplier's response constitute a binding contract and will be interpreted under Oklahoma Law.

(j)   All ethics rules and laws related to conflicts of interest and conducting business with public officials apply to any acquisition by OKDHS.

[Source: Added at 27 Ok Reg 1835, eff 7-1-10]