2. “Best value criteria” means evaluation criteria which may include, but is not limited to, the following:
a. the acquisition’s operational cost a state agency would incur,
b. the quality of the acquisition, or its technical competency,
c. the reliability of the bidder’s delivery and implementation schedules,
d. the acquisition’s facilitation of data transfer and systems integration,
e. the acquisition’s warranties and guarantees and the bidder’s return policy,
f. the bidder’s financial stability,
g. the acquisition’s adherence to the state agency’s planning documents and announced strategic program direction,
h. the bidder’s industry and program experience and record of successful past performance with acquisitions of similar scope and complexity,
i. the anticipated acceptance by user groups, and
j. the acquisition’s use of proven development methodology, and innovative use of current technologies that lead to quality results;

(a) A supplier may protest a contract award by a state agency or OMES to the State Purchasing Director. All remedies available to suppliers through the sealed bid process pursuant to the Oklahoma Central Purchasing Act are also available to online bidders in an online bidding process.
(1) Supplier notification. A supplier shall submit written notice to the State Purchasing Director of a protest of an award of contract by a state agency or OMES within ten (10) business days of contract award.
The supplier protest notice shall state all facts and reasons in specificity for protest.
(2) State Purchasing Director review and determination.
The State Purchasing Director shall review the supplier’s protest and contract award documents.
(A) The State Purchasing Director may determine to respond to the protest or delegate the responsibility by written notice to the state agency that awarded the contract.
(B) The State Purchasing Director or state agency, whichever is applicable, shall send written notice of the decision to deny or sustain the protest to the supplier within ten (10) business days of receipt of the protest.
(3) Supplier appeal of decision to deny protest. The supplier may appeal a denial of protest by the State Purchasing Director or a state agency to the OMES Director.
(A) Such appeal shall be filed by the supplier within ten (10) business days of the date of the State Purchasing Director’s or state agency’s notice of denial pursuant to 75 O.S. §§ 309 et seq.
(B) The OMES Director may enter an order staying contract performance upon such terms and conditions as the OMES Director determines to be proper. Any request for stay of contract performance must be made in writing and filed during the ten (10) business day time period in which an appeal may be commenced to the OMES Director. The OMES Director shall have continuing jurisdiction to modify any such orders made in connection with a stay during the pendency of the appeal as appropriate under the circumstances presented.
(4) Director actions and determination. The OMES director may hear the appeal or assign the supplier’s appeal to an Administrative Law Judge retained by the agency.
(A) If the appeal is assigned to an Administrative Law Judge, the Administrative Law Judge shall review the appeal for legal authority and jurisdiction. If legal authority and jurisdictional requirements are met, the Administrative Law Judge shall conduct an administrative hearing and provide proposed findings of fact and conclusions of law to the OMES Director.
(B) If the appeal is heard by the OMES Director, the OMES Director shall have all powers granted by law including all powers delegated to the Administrative Law Judge by this section.
(C) The OMES Director shall send written notice of the final order sustaining or denying the supplier’s appeal to the parties.
(D) The cost of actions necessary to process a supplier’s appeal, together with any other expenses incurred due to the appeal, shall be paid by the state agency responsible for the initial solicitation.
(5) Conduct of administrative hearing. Administrative hearings shall be conducted in accordance with the Administrative Procedures Act [Reference 75 O.S. §§ 250 et seq.] and the following procedures:
(A) Prehearing conference. A prehearing conference shall be scheduled to determine the legal or factual issues which shall be limited to those brought by the supplier in its initial protest to the State Purchasing Director.
(B) Burden of proof. The burden of proof shall be upon the supplier, which must prove its case by a preponderance of the evidence. A preponderance of the evidence is that evidence which, in light of the record as a whole, leads the Administrative Law Judge to believe a fact is more probably true than not true.
(C) Representation. Corporations must be represented by legal counsel in accordance with Oklahoma law. Legal counsel must be licensed or registered pursuant to the Rules Creating and Controlling the Oklahoma Bar Association.
(D) Proper parties.
In addition to the supplier protesting the contract award, OMES, the supplier awarded the contract and the state agency for which the bid was let may participate in the bid protest proceedings as a proper party.
(E) Discovery. The conduct of discovery is governed by the Administrative Procedures Act, 75 O.S. §§ 309 et seq. and other applicable law.
(F) Authority of the Administrative Law Judge. The Administrative Law Judge may:
(i) Establish a scheduling order;
(ii) Establish reasonable procedures such as authorizing pleadings to be filed by facsimile or electronic mail;
(iii) Rule on all interlocutory motions;
(iv) Require briefing of any or all issues;
(v) Conduct hearings;
(vi) Rule on the admissibility of all evidence;
(vii) Question witnesses; and
(viii) Make proposed findings of facts and conclusions of law to the OMES Director.
(G) Remedies. The Administrative Law Judge may recommend that the OMES Director deny the supplier’s appeal or that the contract award be cancelled and rebid.
(6) Supplier appeal of OMES Director decision to deny appeal. If the OMES Director denies a supplier’s appeal, the supplier may appeal pursuant to provisions of 75 O.S. § 309.
(b) An agency making an acquisition pursuant to 74 O.S. § 85.5(N) shall conduct all actions and bear all costs associated with the protest or appeal of a contract award.

(1) Non-responsive bid.
(A) Terms and conditions. A bid that does not meet the terms and conditions of the solicitation may be considered non-responsive.
(B) Forms use. A bid that does not contain forms or other information the solicitation specifies may be considered non-responsive.
(C) Incomplete forms. If forms required by the solicitation do not contain complete information, the bid may be considered non-responsive.
(D) Form entries improper. If information provided in the solicitation documents is not legible, typewritten or printed, or submitted in the electronic format specified in the solicitation, the bid may be considered non-responsive.
(E) Improper alterations. If alterations do not bear the initials of the person making the alteration, the bid may be considered non-responsive.
(F) Use of unauthorized signature. If a signature on a form is not an authorized signature pursuant to state laws and the rules of this chapter, the bid may be considered non-responsive.
(G) Absence of notary seal. If forms do not contain a notary seal where forms indicate or otherwise comply with the manner of notarization prescribed for the bidding supplier’s state of residence, the bid may be considered non-responsive.
(H) Bid does not contain bid bond or other surety. If a bidder fails to include a bid bond or other surety specified as a requirement by a solicitation, the bid may be considered non-responsive.
(I) Bid does not contain samples. If a solicitation specifies that the bid shall contain samples and the bid does not contain samples, the bid shall be considered non-responsive.
(J) Items not suitable for intended use. If a bid does not offer items suitable for the intended use of the items, the bid shall be considered non-responsive.
(K) Pricing.
If bid pricing does not meet requirements of a solicitation, the bid may be considered non-responsive.
(L) Bid fails to acknowledge solicitation amendment. If a bid fails to acknowledge an amendment the State Purchasing Director issues to a solicitation, the bid may be considered non-responsive.
(M) One bid from multiple suppliers.
One bid from multiple suppliers that does not designate a prime contractor shall be considered non-responsive.
(N) Additional supplier terms and conditions. If a supplier adds terms and conditions to an acquisition that are contrary to the laws of Oklahoma the bid may be considered non-responsive.
(O) Signatures on solicitation documents. If an authorized signature is omitted from any solicitation document that requires an authorized signature, the bid may be considered non-responsive.
….
(g) Other factors in determination of bid responsiveness. A minor deficiency in a bid may be waived or cured if the acquiring agency determines the deficiency does not prejudice the rights of other bidders, if there is sufficient time prior to contract award in which to cure the deficiency or is not a cause for bid rejection. A minor deficiency does not affect the price, quantity, quality, delivery or conformance to specifications and is negligible in comparison to the total cost or scope of the acquisition. For illustrative purposes, examples are:

(2) Bidder not responsible.
(A) Failure to provide required information.
If the solicitation specifies that suppliers submit information relating to responsibility and a bidder does not submit said information, or the State Purchasing Director determines the bidder is not responsible, the bid may be rejected.
(B) Proof of insurance. Whenever applicable to a solicitation, if a supplier is unable to provide proof of workers’ compensation insurance or an alternative or exemption as authorized by state law, the supplier may be found not responsible.
(C) Past performance.
If the State Purchasing Director has received complaints on a supplier, the supplier may be found not responsible.

Bids for an amount requiring submission of requisitions to the Purchasing Division shall be evaluated by the Purchasing Division and the state agency receiving the acquisition. At a minimum, cost and technical expertise shall be considered in determining the lowest and best, or best value, bid. Further, the state agency shall present its evaluation and recommendation to the State Purchasing Director. A documented evaluation report containing the evaluations of the Purchasing Division or the state agency shall be completed prior to the contract award and such report shall be a matter of public record.

A. 1. Except as otherwise provided by the Oklahoma Central Purchasing Act, or associated rules:
a. every state agency shall initiate all acquisitions by the submission of a requisition to the Purchasing Division, and
b. no state agency shall make an acquisition for an amount exceeding Fifty Thousand Dollars ($50,000.00) or the limit determined by the State Purchasing Director pursuant to rules authorized by Section 85.5 of this title, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00), without submission of a requisition to the Purchasing Division for issuance of a solicitation for the acquisition on behalf of the agency. Any exemption from competitive bid requirements of the Oklahoma Central Purchasing Act further exempts the acquisition from requisition requirements of the act….

K. The State Purchasing Director may utilize and authorize state agencies to utilize reverse auctions to obtain acquisitions.