The Contracting Officer shall review all submissions to the fair market price for products and services as they are received from the qualified nonprofit agencies in accordance with the State Purchasing Director’s approved Fair Market Price Policy and in the manner described in this section. Likewise, all prices shall be reevaluated annually in a manner consistent with the processes outlined in the Fair Market Price Policy.

1. (1) The qualified nonprofit agency shall submit fully referenced documentation to the contracting officer recommending the fair market price for products and services. The contracting officer may prepare a current market analysis to determine if the recommendation is the fair price for the products or services requisitioned or used by state agencies by utilizing internal as well as external sources and established pertinent criteria. When appropriate, the criteria may include, but are not limited to:
2. (A) survey of comparable private contracts for like products and services;'
3. (B) Research of other governmental entities within and outside the State of Oklahoma;
4. (C) Comparison, when appropriate, of wholesale and retail pricing of like commodities.
5. (2) Based on the data described in OAC 260:120-1-4(1), the contracting officer shall recommend a fair market price to include tiered pricing with supporting documentation to the State Purchasing Director for consideration within forty-five (45) days of submission by qualified nonprofit agency.
6. (3) The State Purchasing Director shall approve, modify, amend or disapprove the fair market price submitted by the qualified nonprofit agency. If the submission from the qualified nonprofit agency has not been rejected or amended within 30 days of receipt to the State Purchasing Director, then the submission from the qualified nonprofit agency shall be considered approved and will be added to the contracts between the qualified nonprofit agency and the state agencies utilizing the product or service. The new price will be added to the contract within 30 days of approval or deemed approval.
7. (4) Whenever the State Purchasing Director establishes a price, the price shall become the fair market price.
8. (5) If the product or service is one for which the pricing does not vary by state agency or location, the fair market price as approved, modified, or amended, shall remain in effect until the State Purchasing Director establishes a new fair market price.
9. (6) If the product or service is one for which the price does vary depending on the state agency, location, or specifications, the State Purchasing Director shall approve, each contract for the product or service.
10. (7) When the fair market price for a product or service approved by the State Purchasing Director exceeds a current market price for the same product or service and such lower market price has been verified by the agency through compliance with the Fair Market Price Policy and Exemption Policy approved by the OMES Central Purchasing Division, the State Use contracting officer may grant a temporary exception to a requesting agency so that agency may purchase the product or service from another supplier offering a significantly lower market price. The State Use contracting officer will report granted exceptions to the Central Nonprofit Agency.

Added at 31 Ok Reg 1551, eff 9-12-14

Amended at 32 Ok Reg 1786, eff 9-11-15

Amended at 40 Ok Reg 2145, eff 9-14-23

Amended at 42 Ok Reg, Number 21, effective 8-1-25