Okla. Admin. Code § 300:20-1-1 - Introduction to acquisition rules
(a)
General. These rules explain and facilitate understanding of the Authority's functions related to acquisitions.
(b)
Application of the rules. These rules are expressly designed to implement the Board's policy and state law. Procedures will conform to changes in rule or law and when necessary, procedures will be modified to refine the acquisition process. These rules shall apply to all GRDA acquisitions except where noted otherwise herein.
(c)
Exempt from competitive bidding processes. Acquisitions of professional services as defined in Section 803 of Title 18 or acquisitions pursuant to the Oklahoma State Interlocal Cooperation Act, as well as power capacity, energy, transmission and ancillary services, insurance, banking, consulting services, government relations or business expense acquisitions described in Section 300:20-1-15(c), employee training, conference registration, employment services, or utility acquisitions (including services, equipment, and materials related to the supply or provision of electrical power and energy) are exempt from the competitive bidding processes described herein. Similarly, the acquisition of coal, natural gas, or other energy resources may be confidential or may require special acquisition processes. Therefore the selection of vendors for these products or services may deviate from the guidelines set forth herein. Acquisitions for financial services, underwriting, or other bond issuance services may require special acquisition processes that will be coordinated with the State Bond Advisor's office or the Board of Director's Audit, Finance, Budget and Policy Committee.
(d)
Definitions.
(1)
Acquisition. The process of obtaining items, products, materials, supplies, services (including construction), and equipment by purchase, lease-purchase, lease with option to purchase or rental pursuant to the GRDA Acquisition Policy and Procedures and applicable State laws and directives.
(2)
Acquisition approval or signature authority. The approval delegated by the Board of Directors or Chief Executive Officer for a GRDA employee to approve a purchase order or resulting payment thereof.
(3)
Bid. The cost proposal submitted by a vendor in response to a request or solicitation from the GRDA for a project described in plans and/or specifications provided by GRDA.
(4)
Board of directors. The rule-making authority and governing body of the Grand River Dam Authority as defined by 82 O.S. § 863.2.
(5)
Central purchasing unit. The specialist unit within the GRDA Finance Department that is responsible for supervising and managing the acquisitions of materials, supplies, and services that are used by the Authority and for administering acquisition policies, rules, and procedures.
(6)
Emergency acquisition. An acquisition made without following normal acquisition procedures in order to obtain goods or services to meet an urgent and unexpected requirement. An "Emergency" shall be identified as: an event that consists of one or more of the following:
(A) Correction of an immediate hazardous condition which affects the safety of personnel or the public health;
(B) Prevention of immediate damage to property or the reduction in reliability of electric generating equipment;
(C) Avoidance of purchase of alternative power to replace otherwise generated power;
(D) Maintenance of the efficient and orderly completion of work-in-progress;
(E) Correction of an immediate regulatory compliance deficiency;
(F) To obtain needed items when market conditions (e.g. natural disaster, terrorist act, etc.) limit the product or service availability, or when vendors may not be able to quote firm prices as would be possible under normal market conditions;
(G) To prevent or minimize the serious disruption of services to customers;
(H) To keep facilities operating, to ensure continuous transmission service, or when a Board meeting has been cancelled and thus it is necessary to avoid disruption of the acquisition process when a bid may expire prior to the next regularly scheduled Board meeting;
(I) Emergency acquisitions made pursuant to Title 61 of the Oklahoma Statutes.
(7)
Chief executive officer. The GRDA employee who has oversight and managerial responsibility over all GRDA functions and is selected by the Board of Directors of the Grand River Dam Authority as authorized by 82 O.S. § 864.A.2.
(8)
GRDA or authority. The Grand River Dam Authority, a governmental agency of the State of Oklahoma, as defined by 82 § 861 et seq.
(9)
Low Dollar Acquisition. An acquisition for goods or services that does not exceed the competitive bid dollar threshold as determined by the Chief Executive Officer.
(10)
Procedures. Procedures are the prescribed means of complying with the applicable statutes and rules. Procedures provide GRDA personnel with the guidelines and, where appropriate, specific action sequences to ensure uniformity, compliance and control of all policy-related activities.
(11)
Solicitation. An invitation for bids, a request for proposal, telephone calls, or any document or method used to obtain bids or proposals for the purpose of entering into a contract.
Notes
Added at 21 Ok Reg 2969, eff 7-25-04 ; Amended at 22 Ok Reg 2359, eff 7-11-05 ; Amended at 23 Ok Reg 1323, eff 5-25-06 ; Amended at 25 Ok Reg 2381, eff 7-11-08 ; Amended at 27 Ok Reg 1796, eff 6-25-10 ; Amended at 30 Ok Reg 1116, eff 6-27-13
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) General. These rules explain and facilitate understanding of the Authority's functions related to acquisitions.
(b) Application of the rules. These rules are expressly designed to implement the Board's policy and state law. Procedures will conform to changes in rule or law and when necessary, procedures will be modified to refine the acquisition process. These rules shall apply to all GRDA acquisitions except where noted otherwise herein. These rules do not apply to repairs, construction, or improvements to GRDA facilities or land that are governed by Title 61 of the Oklahoma Statutes.
(c) Repairs, construction, or improvements to GRDA facilities and land. For purchases for repair, construction or improvements to GRDA facilities or land that are governed by the provisions of Title 61 of the Oklahoma Statutes, GRDA will utilize forms and processes comparable to those prescribed by the Office of Management and Enterprise Services ("OMES") Construction and Properties Division. Where the provisions of Title 61 and the rules promulgated thereunder refer to the "Construction and Properties Division" the GRDA Central Purchasing Unit shall perform the duties of the OMES Construction and Properties Division for GRDA purchases when GRDA is allowed under Title 61 to perform such processes or assume such responsibilities. Where the provisions of Title 61 or related administrative rules applicable thereto refer to the "Construction and Properties Division Administrator" or "Administrator" the employee designated by the GRDA Chief Financial Officer shall assume such responsibilities, in instances where the Construction and Properties Division has delegated such authority to state agencies or GRDA.
(d) Exempt from competitive bidding processes. Acquisitions of professional services as defined in Section 803 of Title 18 or acquisitions pursuant to the Oklahoma State Interlocal Cooperation Act, as well as power capacity, energy, transmission and ancillary services, insurance, banking, consulting services, government relations or business expense acquisitions described in Section 300:20-1-15(c), employee training, conference registration, employment services, or utility acquisitions (including services, equipment, and materials related to the supply or provision of electrical power and energy) are exempt from the competitive bidding processes described herein. Similarly, the acquisition of coal, natural gas, or other energy resources may be confidential or may require special acquisition processes. Therefore the selection of vendors for these products or services may deviate from the guidelines set forth herein. Acquisitions for financial services, underwriting, or other bond issuance services may require special acquisition processes that will be coordinated with the State Bond Advisor's office or the Board of Director's Audit, Finance, Budget and Policy Committee.
(e) Definitions.
(1) Acquisition. The process of obtaining items, products, materials, supplies, services (including construction), and equipment by purchase, lease-purchase, lease with option to purchase or rental pursuant to the GRDA Acquisition Policy and Procedures and applicable State laws and directives.
(2) Acquisition approval or signature authority. The approval delegated by the Board of Directors or Chief Executive Officer for a GRDA employee to approve a purchase order or resulting payment thereof.
(3) Bid. The cost proposal submitted by a vendor in response to a request or solicitation from the GRDA for a project described in plans and/or specifications provided by GRDA.
(4) Board of directors. The rule-making authority and governing body of the Grand River Dam Authority as defined by 82 O.S. § 863.2.
(5) Central purchasing unit. The specialist unit within the GRDA Finance Department that is responsible for supervising and managing the acquisitions of materials, supplies, and services that are used by the Authority and for administering acquisition policies, rules, and procedures.
(6) Emergency acquisition. An acquisition made without following normal acquisition procedures in order to obtain goods or services to meet an urgent and unexpected requirement. An "Emergency" shall be identified as: an event that consists of one or more of the following:
(A) Correction of an immediate hazardous condition which affects the safety of personnel or the public health;
(B) Prevention of immediate damage to property or the reduction in reliability of electric generating equipment;
(C) Avoidance of purchase of alternative power to replace otherwise generated power;
(D) Maintenance of the efficient and orderly completion of work-in-progress;
(E) Correction of an immediate regulatory compliance deficiency;
(F) To obtain needed items when market conditions (e.g. natural disaster, terrorist act, etc.) limit the product or service availability, or when vendors may not be able to quote firm prices as would be possible under normal market conditions;
(G) To prevent or minimize the serious disruption of services to customers;
(H) To keep facilities operating, to ensure continuous transmission service, or when a Board meeting has been cancelled and thus it is necessary to avoid disruption of the acquisition process when a bid may expire prior to the next regularly scheduled Board meeting;
(I) Emergency acquisitions made pursuant to Title 61 of the Oklahoma Statutes.
(7) Chief executive officer. The GRDA employee who has oversight and managerial responsibility over all GRDA functions and is selected by the Board of Directors of the Grand River Dam Authority as authorized by 82 O.S. § 864.A.2.
(8) GRDA or authority. The Grand River Dam Authority, a governmental agency of the State of Oklahoma, as defined by 82 § 816, et seq.
(9) Low Dollar Acquisition. An acquisition for goods or services that does not exceed the competitive bid dollar threshold as determined by the Chief Executive Officer.
(10) Procedures. Procedures are the prescribed means of complying with the applicable statutes and rules. Procedures provide GRDA personnel with the guidelines and, where appropriate, specific action sequences to ensure uniformity, compliance and control of all policy-related activities.
(11) Solicitation. An invitation for bids, a request for proposal, telephone calls, or any document or method used to obtain bids or proposals for the purpose of entering into a contract.
Notes
Added at 21 Ok Reg 2969, eff 7-25-04 ; Amended at 22 Ok Reg 2359, eff 7-11-05 ; Amended at 23 Ok Reg 1323, eff 5-25-06 ; Amended at 25 Ok Reg 2381, eff 7-11-08 ; Amended at 27 Ok Reg 1796, eff 6-25-10 ; Amended at 30 Ok Reg 1116, eff 6-27-13