Solicitation Issue Date: 9/9/2020
DUE DATES AND TIME (CENTRAL STANDARD TIME):
3:00 p.m. on 09/30/2020
Request for administrative review:
3:00 p.m. on 9/14/2020
3:00 p.m. on 9/17/2020
Agency Name/Number 340 – Oklahoma State Department of Health
X Request for Proposal
Request for Quote
Invitation to Bid
Information technology Bidder Instructions are applicable:
Terms regarding sensitive data will be included in the Contract including, but not limited to:
RETURN SEALED BID TO:
Name: Jacob Charries
Phone No. (405) 521-2191
Oklahoma Office of Management and Enterprise Services Bidder Instructions
Information related to the Bid submission process is contained in these Bidder Instructions. Prospective
Bidders are urged to read the documents provided by the State and these Bidder Instructions carefully.
Failure to do so shall be at the Bidder’s risk.
The following terms, when used in these Bidder Instructions, shall have the following meanings:
1.1 Alternate Bid means a Bid which contains an intentional substantive variation to a basic provision,
specification, term or condition.
1.2 Amendment means a written change, addition, correction or revision to terms, conditions or
requirements by the State agency issuing the Solicitation.
1.3 BAFO means a best and final offer requested by the State agency issuing the Solicitation.
1.4 Bid means an offer a Bidder submits in response to the Solicitation.
1.5 Bidder means an individual or business entity that submits a Bid in response to the Solicitation.
1.6 Bid Packet means the order described in these Bidder Instructions in which all Bidders shall insert
the relevant sections of a Bid and which shall be the format for all submitted Bids.
1.7 OAC means the Oklahoma Administrative Code.
These Bidder Instructions are not part of the Contract; however, compliance with these Instructions is
material to the determination of whether a Bid is responsive. Terms, requirements and specifications may
be stated or phrased differently than in a previous solicitation irrespective of past interpretations, practices
or customs. Bid requirements are altered only by written Amendment and verbal communications from
any source whatsoever are of no effect. In no event shall the Bidder’s failure to read and understand a term,
condition or requirement in any of the documents provided by the State constitute grounds for a claim after
award of the Contract.
Communications and Questions
The Contracting Officer listed on the Bidder Instructions Cover Page is the only individual the Bidder
should contact, or communicate with, regarding any questions or issues with the Solicitation or a
Bid. Failure to comply with this requirement may result in the Bid being considered non-responsive or not
considered for further evaluation.
3.1 General Questions
A. Questions should be concise, identify the document, include specific section references
and avoid use of tables or special formatting (use simple lists).
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B. Information Technology Bids
i If information technology Bidder Instructions are applicable (see Bidder Instructions
Cover Page), Bidder may submit general questions concerning Contract or Bid
specifications online. Questions received via any other means will not be addressed.
ii Registration with the State of Oklahoma for wiki access is located at
https://omes.ok.gov/forms/wiki-enrollment-it-procurement. Access should be
requested at least five (5) business days prior to the Questions Due Date. The State is
not responsible for a Bidder’s lack of access to the wiki.
C. Non-Information Technology Bids
If information technology Bidder Instructions are not applicable (see Bidder Instructions
Cover Page), Bidder may submit general questions concerning Contract or Bid
specifications at the Contracting Officer’s email address shown on the Bidder Instructions
Cover Page. Questions received via any other means will not be addressed.
3.2 Clarification Questions
The State reserves the right, at its sole discretion, to request clarifications of Bid information or to conduct
discussions for the purpose of clarification with any or all Bidders. The purpose of any such discussion
shall be to ensure full understanding of the Bid. If clarifications are made because of such discussion, the
Bidder(s) shall put such clarifications in writing. Bidder answers that are outside scope of the clarification
questions shall be disregarded. Oral explanations or instructions provided to a potential Bidder is not
4.1 A Bidder that believes the Contract or Bid requirements or specifications, or Bid Response Due
Date, are unnecessarily restrictive or limit competition may submit a request for administrative
review, in writing, to the Contracting Officer. The State shall promptly respond in writing to each
written administrative review request, and where appropriate, issue a revision, substitution or
clarification through an Amendment. Requests for administrative review of technical or contractual
requirements shall include the reason for the request, supported by information, and any proposed
4.2 If a Bidder fails to notify the Contracting Officer of an error, ambiguity, conflict, discrepancy,
omission or other error in any of the documents provided by the State that is known to Bidder, or
that reasonably should be known by Bidder, the Bidder accepts the risk of submitting a Bid and, if
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awarded the Contract, shall not be entitled to additional compensation, relief or time by reason of
the error or its later correction.
5.1 Any Amendment shall be set forth at the same online link as the Solicitation.
5.2 It is the Bidder’s responsibility to check the State’s website frequently for any possible
Amendments that may be issued. The State is not responsible for the Bidder’s failure to download
any amendment documents required to complete a Bid.
Unless otherwise specified in the Oklahoma Open Records Act, Central Purchasing Act, or other applicable
law, documents and information a Bidder submits as part of or in connection with a Bid are public records
and subject to disclosure after contract award pursuant to OAC 260:115-3-91. However, a public Bid
opening does not make the Bid immediately accessible to the public. All material submitted by a Bidder
becomes the property of the State. No portion of a Bid shall be considered confidential after award of the
Contract except, pursuant to 74 O.S. §85.10, information in the Bid determined to be confidential by the
State Purchasing Director or delegate. Typically, a properly submitted confidentiality claim of a potential
awardee is reviewed and determined prior to award; a properly submitted confidentiality claim of a non-
awarded Bidder is reviewed and determined only when responding to an open records request concerning
the Bid. Additional information regarding information considered confidential by a Bidder is provided in
Section 8.2.C below.
Acceptance of Content
Unless otherwise provided in Section Four of a Bidder’s response, all Bids shall be firm representations
that the responding Bidder has carefully investigated and will comply with all State terms and conditions
relating to the Contract. Upon award of a contract to the successful Bidder, such terms and conditions, as
may be amended by the Bid after negotiation, shall become contractual obligations between the parties.
Required Bid Structure
8.1 Preparation of Bid
A. The Bid is required to be structured into separate, labelled and easily identifiable sections
using the Bid Packet format provided below. A Bid submitted using any other format may
not be accepted. The Bid should not contain duplicative content. Any section of the Bid
Packet that is not applicable to the Bid shall have a page inserted to denote the section is
not applicable. For instance, if business references are not required, the Bid should contain
a page after the “Business References” section heading that reads “Not Applicable”, “N/A”
or some similar notation.
B. The Bid will be evaluated using a best value criteria, based on the following:
i Mandatory Requirements
1 OAC 260:115-3-9 is located at
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C. As referenced in subsection 8.2.H, the Bid shall show the ability of the Bidder to meet or
exceed the following mandatory specifications or provide an equivalent.
C.1 Mandatory Specifications
C.1.1 Provide good and services specified in Exhibit Title Price
i. The brand name referenced in Exhibit Titled Price is for reference and
quality purposes only.
ii. Alternate brand products providing equivalent or better functionality,
performance, and quality will be considered.
iii. If offering an alternate brand, attach brochure/specifications.
iv. All prices are to be stated in U.S. Dollars.
C.1.2 Copies of licenses and certifications:
i. Copy of current certification by CLIA or by an alternative CLIA
approved accrediting agency.
ii. Proof of Supplier’s eligibility to bill Medicaid.
C.1.3 The following information regarding experience is required to be included
in the Bid:
i Provide the number of years your firm has been in business.
ii Provide the date of your initial laboratory accreditation.
iii Provide a history of any litigation pertaining to services provided or
for breach of contract over the last three (3) years.
iv Provide the percentage of successful malpractice claims filed against
D. Pricing shall be proposed as follows:
i Bidder shall complete Exhibit titled “Pricing”.
ii This contract is for an indefinite quantity. Quantities provided are
estimates of usage. There shall be no minimum order requirement or
standing order. Actual quantities ordered may be more or less than the
estimated quantity provided.
iii Pricing provided shall include standard delivery, FOB Destination, to
the Oklahoma State Department of Health Central Office located at 1000
NE 10th St., Oklahoma City, OK 73117-1299.
iv Performance Guarantees. If specimen test results are not received by the
OSDH within the timeframe required by this contract, Supplier may offer
a performance guarantee in the form of a deduction to be applied to the
E. Business references are required to establish that a Bidder has successful implementation
experience. Provide five (5) references of jobs with similar size and scope.
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