Okla. Admin. Code § 260:115-3-23 - Supplier debarment
(a)
Cause for
debarment. The State Purchasing Director may debar a supplier and revoke
the supplier's authority to be included on the Supplier List, to be eligible to
submit bids to state agencies, to be awarded a contract by a state agency
subject to the Central Purchasing Act and cancel any existing contracts with
the State of Oklahoma. The State Purchasing Director may serve upon the
supplier a notice to show cause why the supplier should not be debarred. For
the purposes of this section, "State Purchasing Director" does not include
employees of state agencies to whom the State Purchasing Director has delegated
authority. The debarment shall be for a period of no more than three (3) years.
Debarment shall be for any of the following reasons:
(1) conviction of an individual or business
entity guilty of a felony involving fraud, bribery or corruption;
(2) conviction of an individual or business
entity of a misdemeanor involving a gift, donation or gratuity an individual or
business entity gives to an official of the Office of Management and Enterprise
Services, an immediate family member of an official of the Office of Management
and Enterprise Services, or any state employee or agent of the State Purchasing
Director, acting within the scope of delegated authority;
(3) conviction of an individual or business
entity of a felony involving the Anti-Kickback Act of 1974; or,
(4) debarment by federal government entities.
(b)
Debarment
considerations. The State Purchasing Director shall consider factors of
this subsection when considering debarment of an individual or business entity.
(1)
Disassociation. The efforts,
if any, of the individual or business entity, to disassociate itself from
individuals and business entities responsible for convictions.
(2)
Imputed business entity.
Conviction of an individual, affiliate or associate a business entity employs
may impute the business entity.
(3)
Imputed individual. Conviction of a business entity may impute an
individual, affiliate or associate of the business entity.
(4)
Time period. The period of
time during which the acts leading to conviction of the individual or business
entity occur.
(5)
Failure to
respond to inquiries. Failure of the individual or business entity to
respond to inquiries by the State Purchasing Director regarding factors that
may lead to debarment.
(6)
Other factors. Any other factors regarding the individual or
business entity the State Purchasing Director determines appropriate.
(c)
State
Purchasing Director options. Upon review and consideration of factors
relevant to the proposed debarment of an individual or business entity, the
State Purchasing Director shall take one of the following actions:
(1)
Decline to debar. Decline to
debar an individual or business entity;
(2)
Suspension. Suspend an
individual or business entity for a period of time up to one year, as the State
Purchasing Director determines appropriate;
(3)
Debarment. Debar an
individual, a business entity, or both for a period that shall begin three (3)
business days from the date of the final order of debarment and expire no later
than the end of the period specified in the order.
(d)
Debarment notice. If the
State Purchasing Director debars an individual or business entity, the State
Purchasing Director shall notify the individual or business entity in writing.
(e)
Reinstatement after
debarment. A debarred individual or business entity may submit a written
request for reinstatement to the State Purchasing Director. The State
Purchasing Director shall consider information the individual or business
entity provides to determine if the individual or business entity merits
reinstatement. The State Purchasing Director shall provide written notice of
the reinstatement approval or denial.
(f)
Supplier appeal of State Purchasing
Director's action. A supplier may appeal a debarment or a denial of
reinstatement by the State Purchasing Director to the OMES Director within ten
(10) business days of the date of the final order of debarment or the denial of
reinstatement notice pursuant to 75 O.S. §§309 et seq and the
provisions of
260:115-3-19.
Notes
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