1. (a) Form requirements. A bid shall include all required forms in the required format in connection with an acquisition as described in the bidder instructions or other solicitation attachments.
2. (b) Firm bid for one hundred twenty (120) days. A bid shall be considered a firm bid for one hundred twenty (120) days following the bid closing date, unless otherwise stated by the acquiring agency.
3. (c) Bidder travel expenses. The price submitted in a solicitation shall include travel expenses to perform the contract.
4. (d) Tax exemptions. A bid shall not include a requirement that an acquiring agency pay sales tax and federal excise tax nor seek reimbursement of other taxes assessed or paid in connection with an acquisition. Such a reimbursement would provide an impermissible indirect tax exemption that is not otherwise provided by the Oklahoma legislature. Purchases made by a supplier on behalf of an acquiring agency are not exempt from sales, federal or other taxes unless otherwise authorized by law and state agencies are further exempt from sales and excise taxes.
5. (e) Payment terms. Payment by an acquiring agency is not late until forty-five (45) days after receipt of a valid and proper invoice. Stricter payment language in a bid will not be valid. Early payment discounts may be negotiated and awarded unless prohibited by federal or state law.
6. (f) Used or new products. A bid shall offer new items of current design unless used, reconditioned or remanufactured products are specified as acceptable.
7. (g) Price. Unless specified otherwise, a bid shall include a firm, fixed price for the term of the contract.
8. (h) Alternate bids. Unless otherwise prohibited, a bidder may submit alternate bids. If a bidder submits an alternate bid, the alternate bid shall be a complete bid. The bidder shall clearly identify an alternate bid. If the bidder submits more than one alternate bid, the bidder shall title each alternate bid as "Alternate Bid 1", "Alternate Bid 2", etc.
9. (i) All or none bid.
10. (1) If a contract may be awarded to more than one bidder, a bidder may indicate on the bid that terms and conditions of the bid are all or none.
11. (2) If a contract may be awarded to more than one bidder by item, a bidder may indicate that the terms and conditions of the bid are all or none.
12. (j) Bidder delivery and shipping. If a delivery date for goods and/or services is not specified, the bid shall specify the delivery date. A bid shall include all costs associated with delivery of the acquisition F.O.B. destination to the receiving state agency unless otherwise specified by the acquiring agency.
13. (k) Sample submission. Submission of samples of the required items or products may be required when essential to the assessment of product quality during bid evaluation. When required, samples must be received no later than the bid response due date and time.
14. (1) Sample identification. The bidder shall clearly identify the sample the bidder submits by placing the bidder's name, bidder's address, requisition number and closing date/time on both the sample container and on the sample shipping container.
15. (2) Sample costs. The bidder shall pay all costs associated with submission of the sample.
16. (3) Sample requirements. A sample shall represent the quality of the whole.
17. (4) Sample tests. Whenever testing is determined necessary, appropriate standard testing procedures will be used. All samples submitted may be subject to consumption or destruction as a result of tests by the agency.
18. (5) Sample tests costs. If a sample fails to meet the required specification or standards, the bidder may be required to pay testing costs the acquiring state agency incurs.
19. (6) Return of sample to bidder. If return of samples is stipulated in a bid, samples not destroyed by testing may be returned at the bidder's expense.
20. (7) Successful bidder samples. Samples submitted by the successful bidder may be retained to ensure the products or items delivered meet specifications.
21. (l) Proof of insurance. A bid shall include proof of all insurance required prior to contract award. A supplier who contracts to do business with the state shall provide proof of workers' compensation insurance or proof of an alternative or exemption authorized by state law.
22. (m) Subcontractor notice. A bid shall identify any proposed subcontractor and a bidder shall provide any required information regarding such subcontractor.

Added at 31 Ok Reg 1526, eff 9-12-14

Amended at 36 Ok Reg 1633, eff 9-13-19

Amended at 38 Ok Reg 631, eff 1-20-21 (emergency)

Amended at 38 Ok Reg 1870, eff 9-11-21

Amended at 42 Ok Reg, Number 21, effective 10-1-25

Amended at 42 Ok Reg, Number 21, effective 10-1-25