Okla. Stat. tit. 61, § 61-224 — OK Code / Title 61 / Section 61-224
Payment of subcontractor or sub-contractor or supplier -
Status: in_force

Time limit.

A. If a subcontractor or material supplier has performed in

accordance with the provisions of a construction contract, the prime

contractor shall make payment to the subcontractor or material

supplier no later than ten (10) calendar days after the prime

contractor receives its corresponding payment for the work

performed.

B. If a sub-subcontractor or material supplier has performed in

accordance with the provisions of a construction contract, the sub-

subcontractor or material supplier shall be entitled to receive

payment no later than seven (7) calendar days after subcontractor

receives its corresponding payment for the work performed.
Okla. Stat. tit. 61, § 61-62 — OK Code / Title 61 / Section 61-62
Construction managers and consultants - Registration and
Status: in_force

selection.

A. The Office of Management and Enterprise Services shall

maintain a file of all persons and entities interested in and

capable of performing construction management and consultant

services for state agencies. The file shall include registration

forms and information submitted by construction managers and

consultants pursuant to rules promulgated by the Office of

Management and Enterprise Services. Pursuant to rules promulgated

by the Office, the Office shall determine whether a construction

manager or consultant qualifies for registration and shall notify

the construction manager or consultant within twenty (20) days of

receipt of a request for registration. Construction managers and

consultants shall re-register for each successive calendar year with

the Office.

B. The requisitioning state agency shall define the scope of a

proposed project. The scope shall identify project components,

phases and timetables and shall include detailed project

descriptions. The state agency may request the Office to assist

with scope development. The state agency shall send the scope and a

requisition for construction management or consultant services,

signed by an authorized official, to the Office. The Office shall

review the scope and approve it before the state agency issues a

solicitation.

C. The state agency shall issue a solicitation to construction

managers or consultants that are registered with the Office and

capable of providing the services the state agency desires. The

solicitation shall, at a minimum, contain:

1. Description and scope of the project;

2. Estimated construction cost or available funds, anticipated

starting date, and completion date the state agency desires for the

project;

3. Certification of funds available for the construction

manager or consultant fee, including federal, state or other

participation;

4. Closing date for construction manager or consultant to give

notice of interest to the state agency; and

5. Additional data the state agency requires from the

construction manager or consultant. The closing date for submission

of construction manager or consultant notice of interest for

consideration shall be within thirty (30) days of the date of the

notice the state agency issues.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 15

D. After the closing date, the Office shall provide information

from the construction managers' or consultants' files to the state

agency upon request. Should there be an inadequate expression of

interest in the project, the state agency and Office personnel shall

confer to add construction managers or consultants for

consideration.

E. The state agency shall review the information the Office

provides and shall select no less than three and no more than five

construction managers or consultants per contract for interviews.

The review shall include consideration of factors from the

information the Office supplies including, but not limited to:

1. Professional qualifications for the type of work

contemplated;

2. Capacity for completing the project in the specified time

period; and

3. Past performance on projects of a similar nature.

F. The Office shall advise the state agency of the methods to

be used to conduct an evaluation, interview, selection, contract

negotiation, and fee negotiation processes pursuant to rules

promulgated by the Office .

G. 1. Upon completion of contract negotiation with the highest

qualified construction manager or consultant, which contract shall

include a fair and reasonable fee, the Office shall approve and

award the contract.

2. If the Office and the first-choice construction manager or

consultant cannot reach an agreement, the negotiations shall

terminate and negotiations with the second-choice construction

manager or consultant shall commence. If the Office and the second-

choice construction manager or consultant cannot reach an agreement,

the negotiations shall terminate and negotiations with the third-

choice construction manager or consultant shall commence. If the

Office and the third-choice construction manager or consultant

cannot reach an agreement, then all negotiations shall terminate.

Should the Office be unable to negotiate a satisfactory contract

with any of the three selected construction managers or consultants,

the Office shall select additional construction managers or

consultants in order of their competency and qualifications and

shall continue negotiations in accordance with the provisions of

this section until an agreement is reached.

H. Any plans developed pursuant to the process for selection of

a contractor for construction of a facility authorized pursuant to

Section 183 of Title 73 of the Oklahoma Statutes shall become the

property of the State of Oklahoma as a condition of the award of the

final contract for construction of the facility.

I. For all state agencies subject to the Public Facilities Act,

Sections 202 through 213 of this title, the Office shall perform the

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 16

necessary procurement actions on behalf of a requisitioning agency

as enumerated in subsections B through H of this section:

1. Determine or approve the agency's scope of a project and

required services as provided in the Public Facilities Act;

2. Issue solicitations for construction manager and consultant

services;

3. Conduct evaluations, interviews, selection, contract

negotiation, and fee negotiation processes; and

4. Provide contract management services after award of a

construction management or consultant contract.

J. In the selection of a consultant, all political subdivisions

of this state shall select a consultant based upon the professional

qualifications and technical experience of the consultant. The

subdivision shall negotiate a contract with the highest qualified

consultant, provided that a fee can be negotiated that is fair and

reasonable to both parties. In the event a reasonable fee cannot be

negotiated with the selected consultant, the subdivision may

negotiate with other consultants in order of their qualifications.

K. In the selection of a construction manager, all political

subdivisions of this state shall:

1. Extend consideration to construction managers from the file

maintained by the Office of Management and Enterprise Services.

Political subdivisions are not limited in the number of construction

manager candidates from whom they intend on seeking proposals;

2. Evaluate the candidates' professional qualifications,

licensing, registration, certifications, technical abilities and

past experience relevant to the contemplated project. Only firms

recognized as qualified construction managers by the Office of

Management and Enterprise Services pursuant to this section may be

considered for selection as a construction manager. The subdivision

shall use procedures as described in this section and the Public

Construction Management Act for Political Subdivisions or may adopt

procedures established by the Office of Management and Enterprise

Services for state agencies; and

3. The political subdivision shall select a construction

manager based upon the professional qualifications and technical

experience of the construction manager. The political subdivision

shall negotiate a contract with the highest qualified construction

manager, provided that a fee can be negotiated that is fair and

reasonable to both parties. In the event a reasonable fee cannot be

negotiated with the selected construction manager, the political

subdivision may negotiate with other construction managers in order

of their qualifications.
Okla. Stat. tit. 61, § 61-202 — OK Code / Title 61 / Section 61-202
Definitions
Status: in_force

As used in the Public Facilities Act:

1. “Annual capital plan” means the collective state facility

capital improvements, facility operations and maintenance, rent and

lease payments, facility debt services, water, sewer and energy

utilities and real property transactions approved by the Legislature

in a capital budget relative to state construction, maintenance, and

real estate services;

2. “Capital planning and asset management” means the processes

for real property data acquisition, data analysis and determination

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 50

of capital construction projects and procurement related to real

property;

3. “Construction” means the process of planning, acquiring,

designing, building, equipping, altering, repairing, improving,

maintaining, leasing, disposing or demolishing any structure or

appurtenance thereto including facilities, utilities, or other

improvements to any real property but not including highways,

bridges, airports, railroads, tunnels, sewers not related to a

structure or appurtenance thereto, or dams;

4. “Construction administration” means a series of actions

required of the Office of Management and Enterprise Services or

other state agency employees, or, under a construction

administration contract or contract provision, to ensure the full,

timely, and proper performance of all phases of a construction

project by all contractors, suppliers, and other persons having

responsibility for project work and any guarantees or warranties

pertaining thereto;

5. “Construction management” means a project delivery method

based on an agreement whereby the owner acquires from a construction

entity a series of services that include, but are not necessarily

limited to, design review, scheduling, cost control, value

engineering, constructability evaluation, preparation and

coordination of bid packages, and construction administration;

“construction management” includes:

a. “agency construction management” whereby the

construction entity provides services to the owner

without taking on financial risks for the execution of

the actual construction or time of performance, and

the owner contracts directly with those awarded trade

contracts for the work, and

b. “at-risk construction management” whereby the

construction entity, after providing agency services

during the pre-construction period:

(1) takes on the financial obligation to timely carry

out construction under a specified cost

agreement, and

(2) enters into written subcontracts for the work in

accordance with the construction management

procedures for state agencies;

6. “Consultant” means an individual or legal entity possessing

the qualifications to provide licensed architectural, registered

engineering, registered land surveying, certified appraisal, land

title, or abstract services or possessing specialized credentials

and qualifications as may be needed to evaluate, plan or design for

any construction or public work improvement project, or to lease,

acquire or dispose of state-owned real property;

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 51

7. “Energy performance index or indices” (EPI) means a number

describing the energy requirements at the building boundary of a

structure, per square foot of floor space or per cubic foot of

occupied volume, as appropriate under defined internal and external

ambient conditions over an entire seasonal cycle. As experience

develops on the energy performance achieved with state construction,

the indices (EPI) will serve as a measure of structure performance

with respect to energy consumption;

8. “Life cycle costs” means the cost of owning, operating, and

maintaining the structure over the life of the structure. This may

be expressed as an annual cost for each year of the facility’s use;

9. “Office” means the Office of Management and Enterprise

Services;

10. “Procurement” means buying, purchasing, renting, leasing,

allocating, trading or otherwise acquiring or disposing of supplies,

services, or construction necessary to evaluate, plan, construct,

manage, operate and preserve real property capital assets;

11. “Public improvement” means any beneficial or valuable

change or addition, betterment, enhancement or amelioration of or

upon any real property, or interest therein, belonging to a state

agency and the State of Oklahoma, intended to enhance its value,

beauty or utility or to adapt it to new or further purposes. The

term does not include the direct purchase of materials used for

general repairs and maintenance to state facilities;

12. “Shared savings financing” means the financing of energy

conservation measures and maintenance services through a private

firm which may own any purchased equipment for the duration of a

contract. Such contract shall specify that the private firm will be

recompensed either out of a negotiated portion of the savings

resulting from the conservation measures and maintenance services

provided by the private firm or, in the case of a cogeneration

project, through the payment of a rate for energy lower than would

otherwise have been paid for the same energy from current sources;

and

13. “State agency” means an agency, board, commission, counsel,

court, office, officer, bureau, institution, unit, division, body,

or house of the executive or judicial branches of government of this

state, whether elected or appointed, excluding only political

subdivisions, the Oklahoma State Regents for Higher Education and

its constituent institutions, the Oklahoma Municipal Power

Authority, and the Commissioners of the Land Office.
Okla. Stat. tit. 61, § 61-103.2 — OK Code / Title 61 / Section 61-103.2
Political subdivision may appoint purchasing agent
Status: in_force

The governing body of any political subdivision of this state

may duly appoint as its agent any individual or individual of a

legal entity, with whom the political subdivision has duly entered

into a public contract pursuant to law, to make purchases necessary

for carrying out the public contract.
Okla. Stat. tit. 61, § 61-201 — OK Code / Title 61 / Section 61-201
Short title – Public Facilities Act
Status: in_force

Sections 202 through 213 of this title shall be known and may be

cited as the "Public Facilities Act".
Okla. Stat. tit. 61, § 61-207.2 — OK Code / Title 61 / Section 61-207.2
Architects, engineers or land surveyors - Employment
Status: in_force

A. Except as provided by subsection B of this section, no state

agency shall employ, either temporary or full-time, any person

engaged in the practice of architecture, engineering or land

surveying for the purpose of planning or performing any construction

upon any real property belonging to the agency or to the state, or

upon any real property of which this state will assume possession or

ownership by contract, option to purchase agreement, lease, or

otherwise. The term "practice of architecture" shall be defined as

those activities of an architect as provided for in Section 46.3 of

Title 59 of the Oklahoma Statutes. The terms "practice of

engineering" or the "practice of land surveying" shall be defined as

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 56

such terms are defined by Section 475.2 of Title 59 of the Oklahoma

Statutes.

B. The provisions of subsection A of this section shall not

apply to:

1. The Department of Human Services;

2. The Oklahoma Tourism and Recreation Department;

3. The State Department of Health insofar as the monitoring of

permitted health care facility construction for licensing purposes;

4. The Oklahoma Historical Society insofar as the monitoring of

historical site preservation and authenticity;

5. The Office of Management and Enterprise Services;

6. The State Department of Education and the public schools

subject to its jurisdiction;

7. The Department of Transportation;

8. The Oklahoma State System of Higher Education;

9. The Military Department of the State of Oklahoma;

10. The Oklahoma Municipal Power Authority;

11. The Department of Public Safety gun range; and

12. The University Hospitals Authority and University Hospitals

Trust.
Okla. Stat. tit. 61, § 61-205 — OK Code / Title 61 / Section 61-205
Access to records
Status: in_force

Employees of the Office of Management and Enterprise Services

designated by the Director of the Office shall have access to state

agency records that relate to state construction projects. The

Director may authorize review or audit of the records.
Okla. Stat. tit. 61, § 61-213 — OK Code / Title 61 / Section 61-213
Public building energy and environmental performance
Status: in_force

program.

The purpose of this section is to promote effective energy and

environmental standards for the construction, renovation, and

maintenance of state buildings which will improve the capacity of

the state to design, build, and operate high-performance buildings

thus creating new jobs, contributing to economic growth, and

increasing energy independence. To accomplish the objectives of

this section, the state shall adopt planning and construction

standards for state buildings that:

1. Conserve energy consumption and optimize the energy

performance of new building construction;

2. Increase the demand for environmentally preferable building

materials, finishes, and furnishings;

3. Reduce the dependence of the state on imported sources of

energy through buildings that conserve energy and utilize local and

renewable energy sources;

4. Protect and restore the natural resources of the state by

avoiding development of inappropriate building sites;

5. Reduce the burden on municipal water supply and treatment by

reducing potable water consumption;

6. Reduce waste generation and manage waste through recycling

and diversion from landfill disposal;

7. Establish life-cycle cost analysis as the appropriate and

most efficient analysis to determine the optimal performance level

of a building project;

8. Ensure that the systems of each building project are

designed, installed, and tested to perform according to the design

intent and operational needs of the building; and

9. Authorize the Office of Management and Enterprise Services

to pursue ENERGY STAR designation from the United States

Environmental Protection Agency to further demonstrate the energy

efficiency of a public building project.
Okla. Stat. tit. 61, § 61-103.4 — OK Code / Title 61 / Section 61-103.4
School districts – Erection of building or making
Status: in_force

improvements on force account basis.

Nothing in the Public Competitive Bidding Act of 1974 shall be

construed to prohibit a school district from erecting a building or

making improvements on a force account basis.
Okla. Stat. tit. 61, § 61-134 — OK Code / Title 61 / Section 61-134
Insurance or bond to be secured from carrier licensed in
Status: in_force

Oklahoma.

Any insurance or bond required by this act shall be secured from

an insurance or indemnity carrier licensed to do business in the

State of Oklahoma.
Okla. Stat. tit. 61, § 61-64 — OK Code / Title 61 / Section 61-64
Misdemeanor offenses - Punishment
Status: in_force

Any construction manager or consultant or person doing

architectural, surveying or engineering work for the State of

Oklahoma, their agents, servants or employees, who shall receive

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 18

gratuity from any contractor or builder of any public building or

works, or solicit, receive or make any political contribution from

or to a contractor or builder of any public building or works, or

who attempts to interfere with the competitive bidding process of

the State of Oklahoma in any manner, is guilty of a misdemeanor, and

upon conviction thereof shall be fined not less than One Hundred

Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and

by imprisonment in the county jail for not less than six (6) months

nor more than one (1) year. Any contractor or builder of any public

building or works, their agents, servants or employees, who shall

offer any gratuity or political contribution to any construction

manager or consultant doing architectural, surveying or engineering

work for the State of Oklahoma, or who attempts to interfere with

the competitive bidding process of the State of Oklahoma in any

manner, is guilty of a misdemeanor, and upon conviction thereof

shall be fined not less than One Hundred Dollars ($100.00) nor more

than Five Hundred Dollars ($500.00), and by imprisonment in the

county jail for not less than six (6) months nor more than one (1)

year.
Okla. Stat. tit. 61, § 61-103.7 — OK Code / Title 61 / Section 61-103.7
Contracts related to fish and wildlife conservation
Status: in_force

For purposes of the provisions of the Public Competitive Bidding

Act of 1974, contracts entered into solely for projects and

activities by the Oklahoma Department of Wildlife Conservation

relating to fish and wildlife conservation shall be let and awarded

using the competitive bidding process as set forth in the Public

Competitive Bidding Act of 1974. However, for contracts not

exceeding One Hundred Thousand Dollars ($100,000.00), the Department

may administer the competitive bidding process and let and award the

contract itself rather than the Office of Management and Enterprise

Services.
Okla. Stat. tit. 61, § 61-212 — OK Code / Title 61 / Section 61-212
Performance-based efficiency contracts - Alternative to bidding process for certain
Status: in_force

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 3bidding process for certain contracts.

A. For purposes of this section:

1. "Performance-based efficiency contract" means a contract for

the design, development, financing, installation, construction and

service of any improvement, repair, alteration or betterment of any

public building or facility; or any equipment, fixture or furnishing

to be added to or used in any such building or facility; or any

maintenance or operational strategy that is designed and implemented

that will reduce utility consumption or lower operating costs, and

may include, but is not limited to, one or more of the following:

a. utility services,

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 62

b. heating, ventilating or air conditioning system

modifications or replacements and automated control

systems,

c. replacement or modifications of lighting fixtures,

d. indoor air quality improvements to increase air

quality that conform to the applicable state or local

building code requirements when done in conjunction

with other cost-saving measures,

e. any additional building infrastructure improvement,

cost saving, life safety or any other improvement that

provides long-term operating cost reductions and is in

compliance with state and local codes, or

f. any facility operation and support programs that

reduce operating cost; and

2. "Qualified provider" means a person or business experienced

or trained in the design, analysis, construction and/or installation

of energy conservation and facility management measures. A

qualified provider must employ a professional engineer registered in

the State of Oklahoma.

B. In addition to any other legally permissible alternatives of

entering into contracts, the Office of Management and Enterprise

Services may enter into performance-based efficiency contracts on

behalf of all state agencies with a qualified provider pursuant to

the provisions of this section.

A qualified provider to whom the contract is awarded shall be

required to provide to the Office a sufficient bond for its faithful

performance of the contract. In addition, the Office may require

performance bonds covering the annual amount of guaranteed savings

over the contract term. State agencies may enter into an

installment contract, lease purchase agreement or other contractual

obligation for the purpose of financing performance-based efficiency

projects for a term not to exceed the greater of twenty (20) years

or the useful life of the project.

The qualified provider must guarantee the contract's cost

savings each year during the term of the agreement. In calculating

cost savings, the public entity may consider capital cost avoidance

and include additional revenue that is directly attributed to the

performance-based efficiency contract. The savings must be

sufficient to offset the annual costs of the contract. The contract

shall provide for reimbursement to the state agency undertaking the

project annually for any shortfall of guaranteed savings. Savings

must be measured, verified and documented each year of the term and

may be utilized to meet the annual debt service.

The contracts authorized by this section shall include

procedures for modifying the contract should the Office determine it

necessary.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 63

This section shall constitute the sole authority necessary to

enter into performance-based efficiency contracts, without regard to

compliance with other laws which may specify additional procedural

requirements for execution of contracts.
Okla. Stat. tit. 61, § 61-311 — OK Code / Title 61 / Section 61-311
Jurisdiction over lands covered by lease
Status: in_force

The lands described in Sections 308 through 317 of this title

shall be under the exclusive control and jurisdiction of the State

of Oklahoma and the zoning and drilling regulations of any

municipality of this state shall not apply thereto.
Okla. Stat. tit. 61, § 61-208.3 — OK Code / Title 61 / Section 61-208.3
Exempted entities - Compliance with act
Status: in_force

Nothing in the Public Facilities Act shall be construed to

prevent any state entity exempted from any of the provisions of the

Public Facilities Act from complying with any provisions of the

Public Facilities Act.
Okla. Stat. tit. 61, § 61-103.8 — OK Code / Title 61 / Section 61-103.8
State agencies to identify headquarters location of contracting companies – Provide
Status: in_force

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 2contracting companies – Provide reasons for choosing companies not

headquartered in Oklahoma.

A. When a state agency accepts a services contract, whether bid

or no-bid, it shall list the city, state, and country in which the

services will be provided. Any contract the state awards that is

not strictly awarded by the lowest price and is awarded to a company

not preparing and producing the services in Oklahoma shall require

the awarding agency's director to provide reasons why the services

were not prepared and produced in Oklahoma.

B. When a state agency accepts any other type of contract,

whether bid or no-bid, it shall list the city, state and country in

which the company that is seeking or awarded work is headquartered.

If the company is an Oklahoma entity of which over fifty percent

(50%) is owned by an out-of-state entity or individual, then, for

the purposes of this section, the location of the company's

headquarters shall be considered to be in the city, state and

country of the majority owner. Any contract the state awards that

is not strictly awarded by the lowest price and is awarded to a

company not headquartered in Oklahoma shall require the awarding

agency's director to provide reasons why the out-of-state company

was chosen over an Oklahoma company.
Okla. Stat. tit. 61, § 61-84 — OK Code / Title 61 / Section 61-84
Prohibited contract terms prevent the award of applicable
Status: in_force

grants, tax abatements, or tax credits.

A public agency shall not award a grant, tax abatement, or tax

credit that is conditioned upon a requirement that the awardee

include a term described in Section 83 of this title in a contract

document for any construction, improvement, maintenance, or

renovation to real property or fixtures that are the subject of the

grant, tax abatement, or tax credit.
Okla. Stat. tit. 61, § 61-208.2 — OK Code / Title 61 / Section 61-208.2
State Construction Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Office of Management and Enterprise Services, to be

designated the "State Construction Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all funds appropriated by the Legislature for

projects included in the annual capital plan; funds from

nonappropriated sources designated for projects within a capital

plan; allocations from an approved annual capital plan designed for

assessment and planning services; allocations from an approved

annual capital plan for emergency response in accordance with

Section 130 of this title; and fees collected by the Office in

accordance with the provisions of this section or as otherwise

provided by law. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Office.

The fund shall be used to pay expenses resulting from contracts

awarded by the Office and to defray Office operating costs and

expenses the Office incurs to support construction-related

operations. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 61, § 61-327 — OK Code / Title 61 / Section 61-327
Procedures for disposal or lease of certain state-owned
Status: in_force

real property.

A. Unless procedures for state agency real property

transactions are otherwise specifically provided for by law, no

state agency shall sell, lease, exchange, or otherwise dispose of

such real property subject to its jurisdiction, or lease, purchase

or otherwise acquire real property subject to its jurisdiction,

except as authorized by subsection L of this section and as

otherwise provided for in this section. As used in this section,

"state agency" means any department, board, commission, institution,

agency or entity of state government.

B. 1. Every state agency shall request the Office of

Management and Enterprise Services to dispose of real property upon:

a. legislative authorization,

b. authorization by the Long-Range Capital Planning

Commission, or

c. a determination, in writing, by the Office of

Management and Enterprise Services or the state agency

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 82

that a parcel of real property subject to its

jurisdiction is no longer needed.

2. Upon the request of the state agency to dispose of real

property, the Office of Management and Enterprise Services shall

estimate the value of the property, and:

a. for properties with an estimated value of greater than

Twenty-five Thousand Dollars ($25,000.00), obtain at

least one complete appraisal made by a person

certified by the Real Estate Appraiser Board of the

Oklahoma Insurance Department, who shall ascertain:

(1) the present fair value of the property,

(2) the present value of the improvements on such

property, and

(3) the actual condition of the improvements on the

property,

b. after completion of the provisions of subsection L of

this section, cause notice of such sale to be

published for at least one (1) day in a newspaper of

general statewide circulation authorized to publish

legal notices, and weekly for three (3) consecutive

weeks in a newspaper of general circulation published

in the county or counties in which the property is

located. The notice shall contain the legal

description of each parcel of real property to be

offered for sale, the appraised value thereof, the

time and location of the sale or opening of the bids,

and terms of the sale including the fact that no

parcel of property shall be sold for less than ninety

percent (90%) of the appraised value of the real

property; provided, in lieu of such procedure, the

information may be published electronically on the

Office of Management and Enterprise Services' website

if the notice of sale and instructions on accessing

the public information are published in a newspaper of

general circulation in the county or counties in which

the property is located weekly for three (3)

consecutive weeks,

c. offer the property through electronic auction, public

auction or sealed bids within three (3) weeks after

the last publication of the notice. The property

shall be sold to the highest bidder. The Office of

Management and Enterprise Services shall not accept a

bid of less than ninety percent (90%) of the average

appraised fair value of the property and the

improvements on such property,

d. if the property is being disposed of in compliance

with Section 908 of Title 62 of the Oklahoma Statutes,

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 83

the Office may auction the property at public or

electronic auction provided proper public notice is

given in compliance with this section and the property

has been approved for liquidation by the Long-Range

Capital Planning Commission. The Office of Management

and Enterprise Services is authorized to reject all

bids,

e. if the property has an estimated value of less than

Twenty-five Thousand Dollars ($25,000.00), the Office

of Management and Enterprise Services may establish

the value through market comparison and may dispose of

the property based on estimated value without

obtaining a certified appraisal; provided, however,

the sale shall comply with all other requirements of

statute, and

f. if the property is landlocked, the Office of

Management and Enterprise Services may offer the

property through indirect sale to the adjacent

property owner for not less than ninety percent (90%)

of fair market value, as determined in compliance with

this section. All sales costs, including any required

surveys and appraisals, shall be at the expense of the

buyer.

3. The cost of the appraisal required by the provisions of this

section, together with other necessary expenses incurred pursuant to

this section, shall be paid by the state agency for which the real

property is to be sold from funds available to the state agency for

such expenditure. All monies received from the sale or disposal of

the property, except those monies necessary to pay the expenses

incurred pursuant to this section, shall be deposited in the

Maintenance of State Buildings Revolving Fund unless otherwise

provided by law.

4. The Office of Management and Enterprise Services may dismiss

from consideration any appraisal found to be incomplete or flawed.

C. Unless otherwise provided by law, the Office of Management

and Enterprise Services shall review and approve state agency real

property transactions. A state agency shall not lease or acquire

real property, or lease, dispose of or transfer state-owned real

property until the Office provides notice of transaction approval to

the state agency. Prior to approval, a state agency shall provide

documents to the Office and provide reference to statutory or other

legal authority of the state agency to lease or acquire real

property, or lease, dispose of or transfer state-owned real

property. If the state agency intends to lease or acquire real

property, the state agency shall state the intended use of the real

property, and shall provide the Office with required telework

documentation. Within thirty (30) days of receipt, the Office shall

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 84

provide notice of transaction approval or disapproval to the state

agency.

D. The provisions of this section shall not apply to the lease

of office space or real property subject to supervision of the

Commissioners of the Land Office or district boards of education.

E. 1. The Office of Management and Enterprise Services shall

maintain a comprehensive inventory of state-owned real property and

its use excluding property of the public schools and property

subject to the jurisdiction of the Commissioners of the Land Office.

2. Each state agency shall, within thirty (30) days of the

closing date for lands newly acquired, provide to the Office a list

of records, deeds, abstracts and other title instruments showing the

description of and relating to any and all such lands or interests

therein.

3. The provisions of paragraph 2 of this subsection shall apply

to all lands of public trusts having a state agency as the primary

beneficiary, but shall not apply to lands of municipalities,

counties, school districts, or agencies thereof, or Department of

Transportation rights-of-way.

4. A state agency that sells or otherwise disposes of land

shall notify the Office within thirty (30) days of the disposition

closing date.

F. This section shall not be construed to authorize any state

agency, not otherwise authorized by law, to sell, lease, or

otherwise dispose of any real property owned by the state.

G. The Office of Management and Enterprise Services and the

Secretary of the Commissioners of the Land Office, or designee, as

provided in subsection L of this section may provide services to

sell, transfer, trade or purchase real property for other state

agencies.

H. The Director of the Office of Management and Enterprise

Services shall, pursuant to the Administrative Procedures Act,

promulgate rules to effect procedures necessary to the fulfillment

of its responsibilities under this section.

I. The Oklahoma Ordnance Works Authority and its lands, and the

Northeast Oklahoma Public Facilities Authority, the Oklahoma

Historical Society, the Oklahoma Department of Transportation, the

Oklahoma Turnpike Authority and the Department of Wildlife managed

lands shall be exempt from the application of this section. The

Grand River Dam Authority and its lands shall be exempt from the

application of this section for any real property disposed of prior

to November 1, 2006.

J. Unless otherwise provided for by law, the procedures

established pursuant to this section for the sale or exchange of

real estate or personal property as authorized pursuant to Sections

2222 and 2223 of Title 74 of the Oklahoma Statutes shall be followed

unless the sale is to an entity of state government.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 85

K. The Director of the Office of Management and Enterprise

Services shall contract with experts, professionals or consultants

as necessary to perform the duties of the Office. Selections shall

be made using the qualifications-based procedures established in

Section 62 of this title and the rules promulgated by the Director

for the selection of construction managers and design consultants.

L. 1. No state agency shall sell, lease, exchange, or

otherwise dispose of such real property subject to its jurisdiction,

or lease, purchase or otherwise acquire real property subject to its

jurisdiction, until such agency or the Office of Management and

Enterprise Services acting on the agency's behalf has presented to

the Secretary of the Commissioners of the Land Office, or designee,

all information collected pursuant to subparagraph a of paragraph 2

of subsection B of this section, and provided the Secretary of the

Commissioners of the Land Office or designee a twenty-calendar-day

period to provide a proposal for the acquisition or disposal of

applicable real property.

2. The Secretary of the Commissioners of the Land Office or

designee may decline to provide such a proposal; provided such

notice of decline is communicated to the Office of Management and

Enterprise Services in written or electronic form. Upon the

reception of such notice of decline by the Office of Management and

Enterprise Services, the twenty-calendar-day period otherwise

required by this subsection shall be deemed to have expired.
Okla. Stat. tit. 61, § 61-139 — OK Code / Title 61 / Section 61-139
Authority to enter into cooperative purchasing agreements
Status: in_force

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 48

A. In addition to any authority to enter an agreement pursuant

to the Interlocal Cooperation Act, any school district, including a

technology school district, may either participate in, sponsor,

conduct or administer a cooperative purchasing agreement for the

acquisition of any commodities or services with one or more public

agencies in accordance with an agreement entered into between the

participants. Such cooperative purchasing may include, but is not

limited to, joint or multiparty contracts between public agencies

and open-ended state public procurement contracts. Cooperative

purchasing shall not include new construction. For cooperative

purchasing agreements, all funds shall be applied toward chargeables

under the agreements or toward direct administrative costs

associated with the agreements. No entity shall take a percentage

of the funds as profit under the cooperative purchasing agreement.

B. Any local public procurement unit may either participate in,

sponsor, conduct or administer a cooperative or piggybacking

purchasing agreement for the acquisition of any commodities or

services, including construction services, with one (1) or more

public procurement units or external procurement units in accordance

with an agreement entered into between the participants. Such

cooperative purchasing may include, but is not limited to, joint or

multiparty contracts between public procurement units and open-ended

state public procurement unit contracts which are made available to

local public procurement units. Purchases made in accordance with

this subsection by a local public procurement unit shall be required

to satisfy any procurement regulation, including Oklahoma Central

Purchasing Act, the Public Competitive Bidding Act of 1974, the

Oklahoma State Finance Act, related administrative rules and federal

regulations that may apply due to the federal source of the funding

for the anticipated purchase.

C. For purposes of this section, the following definitions

apply:

1. “Local public procurement unit” shall mean, inter alia, any

county, city, town, state agency, and any other subdivision of the

state or public unit or agency thereof;

2. “External procurement unit” shall mean any buying

organization in the United States not located in this state which,

if located in this state, would qualify as a public procurement

unit;

3. “Cooperative or piggybacking purchasing agreement” shall

mean an agreement between a local public procurement unit and

another local public procurement unit or an external procurement

unit to authorize the use of a contract procured by one of the

parties to the agreement to benefit the other party to the

agreement. This term shall also mean an agreement that provides

access to a product or service that is lower in price than a

comparable product or service that is available through the usage of

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 49

a statewide, multistate or multigovernmental contract issued by the

Purchasing Division of the Office of Management and Enterprise

Services; and

4. “New construction” shall mean any building not previously

constructed that has not been occupied or used. New construction

shall not mean bus barns, agriculture barns, storage buildings,

batting cages, or similar structures.

D. Nothing in this section shall supersede the obligation of a

state agency to adhere to rules regarding statewide contracts issued

by the Purchasing Division. Neither shall any provision of this

section be construed to waive the obligation of a state agency to

utilize a mandatory purchasing contract as designated by the State

Purchasing Director.
Okla. Stat. tit. 61, § 61-12 — OK Code / Title 61 / Section 61-12
Plans and specifications - Approval
Status: in_force

All plans and specifications for the erection of public

buildings subject to Section 11 of this title shall be submitted

prior to bidding and awarding of contract to the State Fire Marshal

or other authority having jurisdiction. Such plans and

specifications shall be checked for compliance with Section 11 of

this title, and no construction contract for any public building

shall be awarded unless and until said plans and specifications are

approved as being in compliance with Section 11 of this title by the

appropriate governmental agency. If public buildings are to be

financed by state funds, the Office of Management and Enterprise

Services shall approve said plans and specifications. In the case

of public buildings to be financed by county funds or funds

controlled by some other political subdivision of the state, the

agency whose approval is required shall be the governing body of

such subdivision.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 9
Okla. Stat. tit. 61, § 61-131 — OK Code / Title 61 / Section 61-131
Splitting of contracts - Punishment and fine
Status: in_force

No contract shall be split into partial contracts for the

purpose of avoiding the requirements of this act. All such partial

contracts shall be void. Any person who knowingly violates the

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 46

provisions of this section shall, upon conviction, be guilty of a

misdemeanor punishable by imprisonment in the county jail for not

more than one (1) year, or by a fine of not more than One Thousand

Dollars ($1,000.00), or by both such fine and imprisonment.
Okla. Stat. tit. 61, § 61-314 — OK Code / Title 61 / Section 61-314
Use of other state-owned lands by lessees
Status: in_force

The Office of Management and Enterprise Services may authorize

the use by the oil and gas lessees of the state-owned land that lies

west of the north portion of Lincoln Terrace Addition to Oklahoma

City, Oklahoma, and known as the State Historical Site, or such part

thereof as may be necessary, as a base for the drilling, operating,

and producing of a well to be directionally drilled and bottomed

under some part of Lincoln Terrace Addition to Oklahoma City,

Oklahoma, together with the right to drill such well through so much

of said state-owned land as such lessees shall deem necessary to

cause the bottom of the well to be located in or under said Lincoln

Terrace Addition, on such terms and conditions and for such

consideration as the Office of Management and Enterprise Services

may prescribe. Any such well drilled shall not be deemed to be a

well drilled upon said Historical Site within the meaning and

provisions of the oil and gas lease covering same.
Okla. Stat. tit. 61, § 61-17 — OK Code / Title 61 / Section 61-17
Presumption as to consent to jurisdiction of Oklahoma
Status: in_force

courts.

Any contractor doing business in this state shall be presumed to

have consented to the jurisdiction of any court of this state where

the work is being done and service may be obtained upon any agent or

employee of said contractor.
Okla. Stat. tit. 61, § 61-113.1v1 — OK Code / Title 61 / Section 61-113.1v1
Partial payment - Retainage
Status: in_force

A. A public construction contract shall provide for partial

payment based upon work completed. The contract shall provide that

up to five percent (5%) of all partial payments made shall be

withheld as retainage until the project is fifty percent (50%)

complete as determined by the awarding agency. When the awarding

public agency determines that the project is at least fifty percent

(50%) complete, the retainage amount shall be two and one-half

percent (2.5%) with respect to the balance of the work.

B. The Department of Transportation or the Oklahoma Turnpike

Authority shall not withhold retainage on public construction

contracts awarded by the Department or the Authority.

C. The Department of Transportation shall not withhold

retainage or require any bond on projects awarded to railroads on

the railroad's privately owned or operated rail property.
Okla. Stat. tit. 61, § 61-135 — OK Code / Title 61 / Section 61-135
Public agencies or officers not to exert influence in
Status: in_force

procuring particular bond or insurance.

A. No public agency, nor any officer, agent or employee

thereof, nor any person acting or purporting to act on behalf of

such public agency or an officer, agent or employee thereof, shall,

with respect to any public construction contract require or attempt

to require a contractor or any subcontractor to make application to

or to procure or obtain from a particular insurance or surety

company, agent or broker, any of the bonds or insurance required by

this act.

B. Any provisions in a public construction contract or in the

bidding documents in conflict herewith are hereby declared to be

contrary to the public policy of this state and thereby void.

C. Any person who violates this section shall, upon conviction,

be deemed guilty of a misdemeanor.
Okla. Stat. tit. 61, § 61-136 — OK Code / Title 61 / Section 61-136
Conflicts with federal rules and regulations - Laws
Status: in_force

governing.

In the event any provision of this act conflicts with or is

inconsistent in any manner with the rules and regulations of any

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 47

agency of the United States Government, which is providing all or

any portion of the funds used to finance any public construction

contract, the rules and regulations of said agency of the United

States Government shall supersede and take precedence over such

portion or portions of this act in conflict or inconsistent

therewith, it being the intent of the Legislature to secure all of

the benefits available to the people of the State of Oklahoma from

federally assisted programs.
Okla. Stat. tit. 61, § 61-1 — OK Code / Title 61 / Section 61-1
Bond to be furnished on public works contracts
Status: in_force

A. Prior to an award of a contract exceeding One Hundred

Thousand Dollars ($100,000.00) for construction or repair of a

public or private building, structure, or improvement on public real

property, the person that receives the award shall furnish a bond

with good and sufficient sureties payable to the state in a sum not

less than the total sum of the contract.

B. The bond shall ensure the proper and prompt completion of

the work in accordance with the contract and shall ensure that the

contractor shall pay all indebtedness the contractor incurs for the

contractor's subcontractors and all suppliers of labor, material,

rental of machinery or equipment, and repair of and parts for

equipment the contract requires the contractor to furnish.
Okla. Stat. tit. 61, § 61-322 — OK Code / Title 61 / Section 61-322
Easement and right-of-way grants - Exemptions
Status: in_force

A. The Director of the Office of Management and Enterprise

Services is hereby authorized to grant easements, rights-of-way, and

enter into contracts authorizing the construction and maintenance of

telephone, electric transmission and distribution lines, railroad

lines, telegraph lines, and pipelines across any state lands under

the management of said Director, and all lands set apart for the use

and benefit of any state agency, department, or institution

including all lands set apart for use of colleges, universities,

hospitals, and eleemosynary institutions. Said easements and

rights-of-way grants shall be for a period not to exceed twenty (20)

years and shall provide for such considerations, terms, and

conditions including privileges and conditions of renewal, as the

Director of the Office of Management and Enterprise Services may

determine advisable for the best interests of the state institutions

in possession thereof.

B. The Commissioners of the Land Office, the Oklahoma Ordnance

Works Authority, the Midwestern Oklahoma Development Authority, the

Oklahoma Department of Transportation, the Oklahoma Turnpike

Authority, the Northeast Oklahoma Public Facilities Authority and

the Department of Wildlife Conservation and their lands shall be

exempt from the application of this section.
Okla. Stat. tit. 61, § 61-11 — OK Code / Title 61 / Section 61-11
Public buildings - Facilities for people with disabilities
Status: in_force

- Additions to existing buildings.

A. Unless otherwise provided for by law, all plans and

specifications for the erection of public buildings by this state,

or any agency or political subdivision thereof, or for any building

erected through the use of public funds shall provide facilities for

people with disabilities. Such facilities shall conform with the

codes and standards adopted by the State Fire Marshal and amended by

the Office's promulgated rules. Elevators shall be constructed and

installed in said public buildings to the extent deemed feasible and

financially reasonable by the contracting authority of the state or

such political subdivision. Said codes and standards shall be on

file in the Office of Management and Enterprise Services.

B. Any building or facility which would have been subject to

the provisions of this section but for the fact that it was

constructed prior to May 24, 1973, shall be subject to the

requirements of this section if additions are made to such building

or facility in any twelve-month period which increase the total

floor area of such building or facility by twenty-five percent (25%)

or more or if alterations or structural repairs are made to such

building or facility in any twelve-month period which affect twenty-

five percent (25%) or more of the total floor area of such building

or facility.
Okla. Stat. tit. 61, § 61-62.2 — OK Code / Title 61 / Section 61-62.2
Contracts for minor services
Status: in_force

The Office of Management and Enterprise Services may enter into

contracts with construction managers and consultants registered with

the Office for the purpose of providing on-call minor services to

state agencies. The contracts shall provide for services on an as-

needed basis and shall not exceed One Hundred Thousand Dollars

($100,000.00) per construction manager or consultant during one (1)

year. The requisitioning state agency shall be solely responsible

for the fee of the construction manager or consultant that provides

the services.
Okla. Stat. tit. 61, § 61-327.1 — OK Code / Title 61 / Section 61-327.1
Written proposals for state-owned properties not subject
Status: in_force

to disposition.

A. When historic significance, location, advancement of the

long term capital asset plan or other factors make disposition of

state-owned properties under Section 327 of this title not in the

best interest of the state, the Office of Management and Enterprise

Services may invite the presentation of written proposals for the

purchase , lease, sale, exchange, construction, maintenance, repair,

improvement, development, or redevelopment of state-owned property

provided the property meets one or more of the following criteria:

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 86

1. The property is listed on the National Register of Historic

Places;

2. The property is designated by the Oklahoma Historical

Society as a property of historical interest or significance;

3. The property is located within the Oklahoma State Capitol

Complex; or

4. The property is located within a campus owned by the State

of Oklahoma.

B. Proposals shall be evaluated by a committee selected by the

Director of the Office of Management and Enterprise Services which

shall include at least one member of the Long-Range Capital Planning

Commission or a designee. The evaluation of the proposals shall be

based on the principal criteria of:

1. The proposal's economic benefits, cultural benefits, job

creation potential, advancement of long term capital asset plan or

other benefits to the State of Oklahoma and the general public;

2. The qualifications and experience of the construction or

maintenance provider, developer, or redeveloper;

3. The financial ability of the construction or maintenance

provider, developer, or redeveloper to complete the redevelopment in

a timely fashion; and

4. When applicable, the fidelity of the proposed renovation or

redevelopment with the historic significance of the property.

C. The Office of Management and Enterprise Services may enter

into negotiations with one or more respondents and may enter into

contracts with the respondent or respondents selected by the

committee.

The Office of Management and Enterprise Services may reject any

and all proposals.
Okla. Stat. tit. 61, § 61-113 — OK Code / Title 61 / Section 61-113
Execution of contract
Status: in_force

A. Except as otherwise provided by law, within the period of

time, not to exceed sixty (60) days, specified in the bid notice by

the awarding public agency, a contract embodying the terms set forth

in the bidding documents shall be executed by the awarding public

agency or, where construction management at-risk is the project

delivery method, by the construction manager and the successful

bidder. No bidder shall obtain any property right in a contract

awarded under the provisions of the Public Competitive Bidding Act

of 1974 until the contract has been fully executed by both the

bidder and the awarding public agency.

B. Except as otherwise provided by law, within the period of

time specified in subsection A of this section, the following shall

be provided by the contractor to the awarding public agency for

public construction contracts exceeding One Hundred Thousand Dollars

($100,000.00) or construction management trade contracts or

subcontracts exceeding Fifty Thousand Dollars ($50,000.00):

1. A bond complying with the provisions of Section 1 of this

title;

2. A bond in a sum equal to the contract price, with adequate

surety, for the benefit of the state, on behalf of the awarding

public agency, in a sum equal to the contract price, to ensure the

proper and prompt completion of the work in accordance with the

provisions of the contract and bidding documents;

3. A bond in a sum equal to the contract price for the benefit

of the state, on behalf of the awarding public agency, to protect

the awarding public agency against defective workmanship and

materials for a period of one (1) year after acceptance of the

project, except when the awarding public agency is the Department of

Transportation or the Oklahoma Turnpike Authority, in such case the

period shall be for one (1) year after project completion; and

4. Public liability and workers' compensation insurance during

construction in reasonable amounts. A public agency may require the

contractor to name the public agency and its architects or

engineers, or both, as an additional assured under the public

liability insurance, which requirement, if made, shall be

specifically set forth in the bidding documents.

C. If the contractor needs additional time in which to obtain

the bond required pursuant to subsection B of this section, the

contractor may request and the awarding agency may allow the

contractor an additional sixty (60) days in which to obtain the

bond.

D. 1. After the award of a contract, but prior to its

execution, an awarding public agency, upon discovery of an

administrative error in the award process that would void an

otherwise valid award, may suspend the time of execution of the

contract. The agency may rescind the award and readvertise for

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 33

bids, or may direct correction of the error and award the contract

to the lowest responsible bidder, whichever shall be in the best

interests of the state.

2. If the awarding public agency has a governing body, the

agency shall, at the next regularly scheduled public business

meeting of the governing body of the agency, upon the record,

present to the governing body that an error has been made in the

award process and shall state the nature of the error. The

governing body, upon presentation of the facts of the error, may

rescind the award and readvertise for bids, or may direct correction

of the error and award the contract to the lowest responsible

bidder, whichever shall be in the best interests of the state.

E. No public agency shall require for any public construction

project, nor shall any general contractor submit a project bid based

on acquiring or participating in, any wrap-up, wrap-around, or

controlled insurance program. For the purposes of this subsection,

"wrap-up, wrap-around, or controlled insurance program" means any

insurance program that has the effect of disabling or rendering

inapplicable any workers' compensation, commercial general

liability, builders' risk, completed operations, or excess liability

insurance coverage carried by a subcontractor that is engaged or to

be engaged on a public construction project unless this is a cost

savings to the public or the need exists for a specialized or

complex insurance program and shall not apply to contracts less than

Seventy-five Million Dollars ($75,000,000.00).

F. This act shall not apply to the public construction projects

of constitutional agencies which had authorized a wrap-up, wrap-

around, or controlled insurance program on or before April 11, 2000.
Okla. Stat. tit. 61, § 61-108 — OK Code / Title 61 / Section 61-108
Written statement under oath to accompany bid
Status: in_force

Each bidder shall accompany the bid with a written statement

under oath disclosing the following information:

1. The nature of any partnership, joint venture or other

business relationships then in effect or which existed within one

(1) year prior to the date of such statement with the architect,

engineer or other party to the project;

2. Any such business relationship then in effect or which

existed within one (1) year prior to the date of such statement

between any officer or director of the bidding company and any

officer or director of the architectural or engineering firm or

other party to the project; and

3. The names of all persons having any such business

relationships and the positions they hold with their respective

companies or firms. If none of the business relationships

hereinabove mentioned exist, then a statement to that effect.
Okla. Stat. tit. 61, § 61-110 — OK Code / Title 61 / Section 61-110
Opening of bids
Status: in_force

Bids whether submitted in paper or electronic format shall be

opened only at the time and place listed in the bidding documents.

Paper bids shall be opened in the presence of an administrative

officer of the awarding public agency and be read aloud at the time

of opening. Such bid opening shall be open to the public and to all

bidders. Electronic bids shall not be viewable prior to the time

listed for bid opening in the bidding documents. Electronic bids

may be opened in a public bid opening in the same way as for paper

bids. A public bid opening is not required for electronic bids if

the awarding public agency electronically publishes the bids on its

website at time of bid opening.
Okla. Stat. tit. 61, § 61-130 — OK Code / Title 61 / Section 61-130
Emergencies
Status: in_force

A. The provisions of the Public Competitive Bidding Act of 1974

with reference to notice and bids shall not apply to an emergency

if:

1. The governing body of a public agency declares by a two-

thirds (2/3) majority vote of all of the members of the governing

body that an emergency exists;

2. The Transportation Commission and the Oklahoma Tourism and

Recreation Commission, by majority vote of all the members of each

Commission, declare that an emergency exists; or

3. The chief administrative officer of a public agency without

a governing body declares that an emergency exists.

B. The governing body of a public agency may, upon approval of

two-thirds (2/3) majority of all of the members of the governing

body, delegate to the chief administrative officer of a public

agency the authority to declare an emergency whereby the provisions

of the Public Competitive Bidding Act of 1974 with reference to

notice and bids shall not apply to contracts less than One Hundred

Fifty Thousand Dollars ($150,000.00) in amount; provided, such

authority of the Department of Transportation and the Oklahoma

Turnpike Authority shall not extend to any contract exceeding Seven

Hundred Fifty Thousand Dollars ($750,000.00) in amount and such

authority of the Department of Corrections shall not extend to any

contract exceeding Two Hundred Fifty Thousand Dollars ($250,000.00)

in amount for situations in which the emergency impacts the

conditions of confinement, health and safety of correctional

officers and inmates in the custody of the Department of

Corrections.

C. Upon approval of a two-thirds (2/3) majority vote, the

Oklahoma Conservation Commission may delegate to the Executive

Director the authority to declare an emergency and set a monetary

limit for the declaration. The provisions of this subsection may

only be used for the purpose of responding to an emergency involving

the reclamation of abandoned coal mines or the repair of damaged

upstream floodwater retarding structures.

D. An emergency declared by the Board of Corrections pursuant

to subsection C of Section 65 of this title shall exempt the

Department of Corrections from the limits which would otherwise be

imposed pursuant to subsection B of this section for the contracting

and construction of new or expanded correctional facilities.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 45

E. The chief administrative officer of a public agency with a

governing body shall notify the governing body within ten (10) days

of the declaration of an emergency if the governing body did not

approve the emergency. The notification shall contain a statement

of the reasons for the action, and shall be recorded in the official

minutes of the governing body.

F. Emergency as used in this section shall be limited to

conditions resulting from a sudden unexpected happening or

unforeseen occurrence or condition whereby the public health or

safety is endangered or further damage to state property is likely

if the situation is not addressed promptly.

G. The chief administrative officer of a public agency shall

report an emergency within ten (10) days of the emergency

declaration and include the official minutes of the governing body

of the public agency, if applicable, to the Office of Management and

Enterprise Services which shall compile an annual report detailing

all emergencies declared pursuant to this section during the

previous calendar year. The report shall be submitted to the

Governor, the President Pro Tempore of the Senate, and the Speaker

of the House of Representatives upon request.

H. The Risk Management Administrator of the Office of

Management and Enterprise Services may declare an emergency on

behalf of a public agency when an insurable loss has occurred which

would lead to further economic loss or additional property damage if

not addressed promptly. Such declaration shall not relieve the

public agency of fiscal responsibility for its deductible, uninsured

losses, and other related expenses.
Okla. Stat. tit. 61, § 61-208 — OK Code / Title 61 / Section 61-208
Approval, negotiation and award of contracts - Costs
Status: in_force

exceeding estimated and available funding – Negotiations – Contracts

for managed construction services delivery – Facility management and

maintenance.

A. The Office of Management and Enterprise Services shall

select and award contracts to construction managers and design

consultants pursuant to the provisions of Section 62 of this title.

B. The negotiation of construction manager and consultant

contracts and fees shall be performed by the Office.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 57

C. The Office shall award and administer construction contracts

for state agencies pursuant to the provisions of the Public

Competitive Bidding Act of 1974.

D. 1. When all bids for a public construction contract exceed

the programmed estimate and available funding, the Office may enter

into negotiations with the lowest responsible bidder for the purpose

of modifying the project scope and reducing the construction cost,

provided that:

a. the unexpected higher construction costs resulted from

unforeseen economic conditions or otherwise sudden

price volatility in the construction industry,

b. the project was appropriately planned, and cost

estimates were developed using standards of care

acceptable to the Office, and

c. further delay caused by redesigning and rebidding the

project would jeopardize the using agency's mission or

result in the loss of a planned funding source.

2. To request consideration for negotiations pursuant to this

subsection, the using agency, within ten (10) days of the bid

opening date, shall make a written request to the Director of the

Office of Management and Enterprise Services to enter into

negotiations pursuant to paragraph 1 of this subsection. If

approved by the Director, the Office shall consult with the using

agency, consultant and low bidder on methods to reduce the project

scope or other cost-saving measures.

3. If a suitable revised scope and contract amount is agreed

upon by the using agency, lowest responsible bidder, and the

Director, the Office may award the public construction contract to

the lowest responsible bidder.

4. The Office shall negotiate a fair and reasonable fee with

the project's consultant, if applicable, to make any necessary

revisions to the contract documents. The cost of this additional

consulting work shall be paid from the agency's available funds.

5. Approval and final award of the contract for the

construction negotiated pursuant to this subsection shall occur no

later than one hundred twenty (120) days from the opening bid.

E. The Office is authorized to issue solicitations and award

statewide contracts for managed construction service delivery in

order to provide efficient and cost-effective procurement solutions

for public agencies. Statewide contracts may be either mandatory or

nonmandatory as determined by the Director.

F. The Office is authorized to provide facility management and

operations and maintenance services for any state agency on a cost-

recovery basis for any facility operated by a state agency when:

1. The state agency initiates a request with the Director; or

2. The Director determines a state agency is performing in the

bottom ten percent (10%) of all state agencies with respect to

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 58

performance measures for facility management established by the

Office.

G. In addition to the exception from this act hereby provided

to the Oklahoma State Regents for Higher Education and its

constituent institutions and the Commissioners of the Land Office,

the Director may authorize an exemption to the provisions of this

act to any other state agency provided that the recipient of the

exemption:

1. Adopts standards, processes and procedures for planning,

budgeting, design, facility management, asset management and asset

preservation that are substantially compliant with those as

prescribed by the Office;funding – Negotiations – Contracts for managed construction services delivery – Facilitythe Commissioners of the Land Office,

the Director may authorize an exemption to the provisions of this

act to any other state agency provided that the recipient of the

exemption:

1. Adopts standards, processes and procedures for planning,

budgeting, design, facility management, asset management and asset

preservation that are substantially compliant with those as

prescribed by the Office;

2. Adheres to procurement requirements of Sections 62 through

65 of this title and the provisions of this act;

3. Reports benchmark, budget and ongoing performance data

required by the Office; and

4. Participates in annual performance reviews and organized

forums for promoting best practices statewide as determined by the

Director.
Okla. Stat. tit. 61, § 61-312 — OK Code / Title 61 / Section 61-312
Partial invalidity
Status: in_force

If any section, paragraph, sentence or phrase of this title

shall be declared unconstitutional or void for any reason by any

court of final jurisdiction, such decision shall not in any way

invalidate or affect any other section, paragraph, sentence or

phrase of this act but the same shall continue in full force and

effect.
Okla. Stat. tit. 61, § 61-319 — OK Code / Title 61 / Section 61-319
Purpose or use for which leased
Status: in_force

Such leases shall not be granted for a purpose or use that would

interfere with or restrict in any manner the use to which other

lands of the state are being used.
Okla. Stat. tit. 61, § 61-222 — OK Code / Title 61 / Section 61-222
Definitions
Status: in_force

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 68

As used in the Fair Pay for Construction Act:

1. “Construction contract” means a written contract or

subcontract awarded by an owner or contracting entity for the

purpose of making any public improvements or constructing any public

building or making repairs to or performing maintenance on the same;

2. “Material supplier” means any entity that supplies

materials, services, or equipment to be used in conjunction with the

performance of work on a construction contract;

3. “Prime contractor” means any entity that has a direct

contract with an owner to perform work under a construction

contract;

4. “Owner” means any state government entity, municipality,

township, public trust or an instrumentality of a state government

entity, municipality, township or public trust in this state, or any

entity designated by the owner to act on the owner’s behalf, that

requests work to be performed by a contractor under a construction

contract;

5. “Proper invoice” means a request for payment or partial

payment based on work performed on a construction contract;

6. “Retainage” means the difference between a gross proper

invoice amount on a construction contract and the amount paid on

said contract;

7. “Subcontractor” means any entity that has a direct contract

with a prime contractor to perform a portion of the work under a

construction contract; and

8. “Sub-subcontractor” means any entity that has a direct

contract with another subcontractor to perform a portion of the work

under a construction contract.
Okla. Stat. tit. 61, § 61-306 — OK Code / Title 61 / Section 61-306
Property purchased from specific appropriations - Transfer
Status: in_force

to another department or institution.

In order that state property now located in one department or

institution, which has been purchased out of an appropriation,

specifically set up for such department or institution, which is not

needed by such department or institution and is needed in other

divisions of government, the Office of Management and Enterprise

Services is hereby authorized to cause the transfer of such property

to any department or institution in need of such excess property.
Okla. Stat. tit. 61, § 61-225 — OK Code / Title 61 / Section 61-225
Suspension or termination of construction contract -
Status: in_force

Payment.

A. Any prime contractor that performs work under a construction

contract may suspend performance of the work or may terminate a

construction contract if the prime contractor is not properly paid

within forty-nine (49) calendar days of the date that the

corresponding proper invoice is submitted. Written notice must be

received by the owner at least seven (7) calendar days before any

such intended suspension or termination.

B. A prime contractor or any entity that suspends performance

due to the suspension of a prime contractor, is not required to

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 70

furnish further performance until such entity is paid for the full

amount, less retainage, of work performed, material supplied, or

services rendered, together with any costs incurred for

demobilization, mobilization and other costs attributable to delay

of the work resulting from the shutdown and start-up of a project.

C. Any entity that suspends performance of the work or

terminates a construction contract for nonpayment under this act

shall not be held in breach of the construction contract.

D. If the owner delays in making payments to the prime

contractor, any agreed-upon schedule or completion date and their

resulting penalties, damages, bonuses, or rewards shall be extended

by the same amount of calendar days that payments were late.

E. If a payment to a prime contractor is received later than as

specified in this act, that prime contractor shall be entitled to

receive interest pursuant to Section 41.4b of Title 62 of the

Oklahoma Statutes. If the prime contractor has already paid a

subcontractor, then no interest is due and owing to the

subcontractor. If interest is paid to a prime contractor as

provided herein, then any subsequent timely payment made to a

subcontractor shall bear interest at the same rate paid to the prime

contractor. If a prime contractor fails to timely pay a

subcontractor, such payment to a subcontractor shall bear interest

at the rate of one and one-half percent (1 1/2%) per month.
Okla. Stat. tit. 61, § 61-223 — OK Code / Title 61 / Section 61-223
Construction contracts - Progress payments - Reduction
Status: in_force

A. On all construction contracts exceeding Twenty-five Thousand

Dollars ($25,000.00) in value an owner shall make progress payments

to the prime contractor for work performed and materials properly

stored, within thirty (30) calendar days after a proper invoice is

submitted to the owner or a representative designated by the owner.

B. An owner or entity designated by the owner, may not reduce a

proper invoice of a prime contractor without detailing and

forwarding to the prime contractor, within fourteen (14) calendar

days of receipt of the proper invoice, the reasons for reduction.

The reduction may not be more than an amount that is reasonable to

correct the work, as set forth in writing.

C. If a contracting entity has had their proper invoice reduced

by another entity all other affected entities having a construction

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 69

contract with the contracting entity shall be notified within seven

(7) calendar days. Except as affected by a prior reduction, a prime

contractor or subcontractor may not reduce the proper invoice of

another subcontractor, sub-subcontractor, or material supplier

without detailing and forwarding to the subcontractor, sub-

subcontractor, or material supplier, within seven (7) calendar days

of receipt of the proper invoice, the reasons for reduction. A

prime contractor, subcontractor, or sub-subcontractor may also

reduce a payment of a contracted party from a previous proper

invoice. Any such reductions may not be more than an amount that is

reasonable to correct the reasons for reduction, as set forth in

writing. Any prime contractor, subcontractor or sub-subcontractor

may be exempt from notification if the reduction is less than one

percent (1%) of its net proper invoice or is due to mathematical

errors.
Okla. Stat. tit. 61, § 61-113.1 — OK Code / Title 61 / Section 61-113.1
See the following versions:
Status: in_force

OS 61-113.1v1 (HB 4080, Laws 2022, c. 238, § 24).

OS 61-113.1v2 (SB 1520, Laws 2022, c. 315, § 1).

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 34
Okla. Stat. tit. 61, § 61-19 — OK Code / Title 61 / Section 61-19
Multi-year contracts for painting and other maintenance of
Status: in_force

water storage tanks.

A. A municipality or rural water district may enter into a

multi-year contract for painting and other maintenance of water

storage tanks and appurtenant facilities if the contract contains a

contingency provision whereby the municipality or district is not

obligated to make any payment, in any year, in an amount exceeding

the income and revenue provided for such year.

B. Notwithstanding the provisions of Section 101, et seq., of

Title 61 of the Oklahoma Statutes, a municipality or rural water

district contemplating entering into a multi-year contract for

painting and other maintenance of water storage tanks and

appurtenant facilities may or may not, at its option, require that

the work be bid pursuant to the provisions of the Public Competitive

Bidding Act of 1974.
Okla. Stat. tit. 61, § 61-113.1v2 — OK Code / Title 61 / Section 61-113.1v2
Partial payment - Retainage
Status: in_force

A. A public construction contract shall provide for partial

payment based upon work completed. The contract shall provide that

up to five percent (5%) of all partial payments made shall be

withheld as retainage. At any time the contractor has completed in

excess of fifty percent (50%) of the total contract amount, the

retainage shall be reduced to two and one-half percent (2.5%) of the

amount earned to date once the public agency has determined that

satisfactory progress is being made.

B. The Department of Transportation or the Oklahoma Turnpike

Authority shall not withhold retainage on public construction

contracts awarded by the Department or the Authority.

C. The Department of Transportation shall not withhold

retainage or require any bond on projects awarded to railroads on

the railroad's privately owned or operated rail property.
Okla. Stat. tit. 61, § 61-335 — OK Code / Title 61 / Section 61-335
Foraging for nuts, edible plants, or fungi — Exceptions
Status: in_force

A. Any person may forage for nuts and edible plants or fungi on

state-owned or state-managed property accessible to the public for

personal consumption only except when such nuts and other edible

plants or fungi are:

1. From crops certified by the Oklahoma Agricultural Experiment

Station system or the Oklahoma Cooperative Extension Service of the

Oklahoma State University Division of Agricultural Sciences and

Natural Resources, as provided in Section 8-33 of Title 2 of the

Oklahoma Statutes; or

2. From plants that are threatened or endangered.

B. Any person foraging pursuant to this section is encouraged

to:

1. Wear an outer garment of hunter orange that is clearly

visible while in the field; and

2. Recognize which nuts and edible plants or fungi are safe for

human consumption.

C. As used in this section:

1. “State-owned or state-managed property accessible to the

public” means property owned or managed by an agency, municipality,

or political subdivision of this state designated for public use,

unless the property is located on:

a. state-owned or university-owned test or research

farms,

b. land leased to an individual or entity pursuant to

Section 1056 of Title 64 of the Oklahoma Statutes, who

has not given permission to an individual to forage,

or

c. property otherwise restricted for public access by

state or federal law including, but not limited to:

(1) land along public roads, highways, turnpikes, and

interstates,

(2) areas owned or operated by a law enforcement

agency or used for law enforcement training, or

(3) areas surrounding correction facilities owned or

operated by the Department of Corrections, a

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 91

county, a municipality, or a private entity

contracted by the Department of Corrections to

operate in this state;

2. “Edible plant or fungi” means a plant or fungi commonly

found in the wild, which is edible to humans in part or in its

entirety and may require cooking to make safe for consumption;

3. “Nut” means a dry fruit that has a single seed, a hard

shell, and a protective husk; and

4. "Personal consumption" means an amount that can be consumed

in a few days by a person and not sold to another person.

D. 1. After July 1, 2026, any person who is lawfully on a

Wildlife Management Area owned or managed by the Department of

Wildlife Conservation may forage along with other permitted

activities as authorized by the Oklahoma Wildlife Conservation

Commission.

2. The Commission shall promulgate all rules necessary to

implement the provisions of this section.
Okla. Stat. tit. 61, § 61-129 — OK Code / Title 61 / Section 61-129
Contracts exempt
Status: in_force

A. The Public Competitive Bidding Act of 1974 shall not apply

to contracts awarded or contracts for which bids have been solicited

on or before August 1, 1974.

B. The Public Competitive Bidding Act of 1974 shall not apply

to contracts awarded or contracts for which bids are solicited by

CompSource Oklahoma if CompSource Oklahoma is operating pursuant to

a pilot program authorized by Sections 3316 and 3317 of Title 74 of

the Oklahoma Statutes.

C. The Public Competitive Bidding Act of 1974 shall not apply

to contracts awarded or contracts for which bids are solicited by

the Oklahoma Municipal Power Authority.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 44
Okla. Stat. tit. 61, § 61-18 — OK Code / Title 61 / Section 61-18
Liability of contractor after completion of contract work
Status: in_force

Whenever any public officer shall, under the laws of the State

of Oklahoma, enter into a contract for the purpose of constructing

any highway or turnpike, the contractor or supplier of materials

shall not be liable for damages arising out of torts involving

injury to persons or damage to property occurring after completion

of such contract work and any applicable maintenance obligation and

acceptance thereof by such public officer, if all contractual

provisions and specifications imposed by state and federal agencies

have been complied with by said contractor or supplier of materials.

Provided, however, that nothing herein contained shall apply to

any cause of action on behalf of the contracting public agency.
Okla. Stat. tit. 61, § 61-328 — OK Code / Title 61 / Section 61-328
Facilities management software program – Authority to
Status: in_force

procure software and implement program.

The Office of Management and Enterprise Services may:

1. Research and identify available facilities management

software applications and existing facilities management software

systems in other state agencies;

2. Procure facilities management software in accordance with

the requirements of The Oklahoma Central Purchasing Act; and

3. Implement a comprehensive statewide facilities management

software program in order to effectively identify state-owned real

property and to efficiently and fiscally manage the long-range

deferred maintenance funding requirements of such real property.

State agencies that have existing facilities management software

systems shall cooperate with the Office in the integration of

existing and future maintenance data into the statewide system

database. It shall not be a requirement that the software directly

interface with any other computer system. After full operational

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 89

status of the management program is achieved, the Office of

Management and Enterprise Services shall make an annual facilities

condition assessment report to the Speaker of the Oklahoma House of

Representatives, the President Pro Tempore of the State Senate, and

the Governor. Provisions of this section shall not apply to the

physical assets, buildings, and equipment of the Oklahoma State

Regents for Higher Education.Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 4
Okla. Stat. tit. 61, § 61-226 — OK Code / Title 61 / Section 61-226
Retainage of portion of payment due - Release
Status: in_force

A. A public construction contract shall provide for partial

payment based upon work completed. The contract shall provide that

up to five percent (5%) of all partial payments made shall be

withheld as retainage. At any time the contractor has completed in

excess of fifty percent (50%) of the total contract amount, the

retainage shall be reduced to two and one-half percent (2.5%) of the

amount earned to date once the owner or owner's duly authorized

representative has determined that satisfactory progress is being

made.

B. A subcontract shall include a provision for the retainage of

a portion of payment due. Such retainage shall not exceed five

percent (5%) of the amount of the payment due. When the work of the

subcontractor has been determined by the holder to be at least fifty

percent (50%) complete, the retainage shall be reduced to two and

one-half percent (2.5%) of the original contract amount.

C. No later than twenty-one (21) calendar days after a

certificate of substantial completion is issued for the project or

separate usable phase of the project and upon adequate performance

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 71

of the prime contractor and with approval of any applicable surety,

retainage shall be released by the owner to the prime contractor

less an amount no greater than one hundred fifty percent (150%) of

the estimated costs to correct any incomplete or defective work as

identified, itemized, and attached to the certificate of substantial

completion. All remaining funds shall be released as each

deficiency is satisfactorily completed. The prime contractor shall

release within ten (10) calendar days of receipt the share of those

funds that have been withheld from other entities. All other

entities shall release within seven (7) calendar days of receipt the

share of those funds that have been withheld from other entities.
Okla. Stat. tit. 61, § 61-5 — OK Code / Title 61 / Section 61-5
Penalty for violating two preceding sections
Status: in_force

Any officer of the state, or of any county, city, township, or

other municipality, or any person acting under or for such officer,

or any contractor with the state, or any county, city, township, or

other municipality thereof, or other persons violating any of the

provisions of the two preceding sections, shall for each offense be

fined in any sum not less than Fifty Dollars ($50.00), nor more than

Five Hundred Dollars ($500.00), or punished by imprisonment of not

less than three (3) months not more than six (6) months. Each day

such violation continues shall constitute a separate offense.

R.L. 1910, § 3759.
Okla. Stat. tit. 61, § 61-326 — OK Code / Title 61 / Section 61-326
Disposition of proceeds - Leases for oil and gas purposes
Status: in_force

After payment of all costs incurred in the inventory and

appraisal and advertisement and costs of sale, the remaining

proceeds therefrom, and any monies derived from leasing the property

described in Section 324 of this title, shall be deposited in the

Maintenance of State Buildings Revolving Fund. The leasing for oil

and gas purposes of any such lands and the proceeds therefrom shall

be conducted and handled by the Office of Management and Enterprise

Services pursuant to Section 317 of this title.
Okla. Stat. tit. 61, § 61-210 — OK Code / Title 61 / Section 61-210
Model shared savings contract
Status: in_force

A. Shared savings contracts shall be developed in accordance

with a model contract developed by the Office of Management and

Enterprise Services. The model contract shall include:

1. The methodology for calculating baseline energy costs;

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 61

2. A procedure for revising these costs should the state

institute additional energy conservation features or structure use

change;

3. A requirement for a performance bond guaranteeing that the

structure will be restored to the original condition in the event of

default;

4. A provision for early buyout;

5. A clause specifying who will be responsible for maintaining

the equipment; and

6. A provision allowing the disposal of equipment at the end of

the contract.

No state agency or department shall substantially alter the

provisions described in the model without the permission of the

Office.

B. Contracts subject to this section shall be awarded pursuant

to the provisions of subsection A of Section 208 of this title.
Okla. Stat. tit. 61, § 61-327.2 — OK Code / Title 61 / Section 61-327.2
Proposals for investment real property
Status: in_force

A. When the Commissioners of the Land Office determine it is in

the best interest of the trust, the Commissioners may invite the

presentation of written proposals for the lease, sale, exchange,

construction, maintenance, repair, improvement, development or

redevelopment of any investment real property, as defined in this

section, contained within the Land Office trust.

B. The term "investment real property" shall include all real

property acquired by the Commissioners for investment purposes and

shall exclude all real property originally granted in the Enabling

Act of 1906.

C. Proposals shall be evaluated by the Commissioners of the

Land Office investment committee which shall make recommendations to

the Commissioners. The Commissioners shall retain authority to make

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 87

all decisions concerning investment real property. Evaluation of

the proposals shall be based on the following criteria:

1. The economic benefit of the proposal to the Land Office

trust, advancement of long-term capital asset plan, investment

objectives, or other advantages to the Land Office trust for the

benefit of the trust;

2. The qualifications and experience of the construction or

maintenance provider, developer or redeveloper; and

3. The financial ability of the construction or maintenance

provider, developer or redeveloper to perform in a timely fashion.

D. The Secretary of the Land Office may enter into negotiations

with one or more respondents and may enter into contracts with the

respondent or respondents selected by majority vote of the

Commissioners in an open meeting.

E. The Commissioners may reject any and all bids.
Okla. Stat. tit. 61, § 61-4 — OK Code / Title 61 / Section 61-4
Public contracts made on basis of eight-hour day
Status: in_force

All contracts hereafter made by or on behalf of the state, or by

or on behalf of any county, city, township, or other municipality,

with any corporation, person or persons, for the performance of any

public work, by or on behalf of the state or any county, city,

township, or other municipality, shall be deemed and considered as

made upon the basis of eight (8) hours constituting a day's work;

and it shall be unlawful for such corporation, person or persons to

require, aid, abet, assist, connive at, or permit any laborer,

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 7

workman, mechanic, prison guards, janitors in public institutions,

or other person to work more than eight hours per calendar day in

doing such work, except in cases and upon the conditions provided in

Section 3 of this title.

Provided that the provisions of this act in regard to hours

worked per calendar day shall not apply to the construction,

reconstruction, maintenance, or the production of local materials

for: Highways, roads, streets, and all the structures and drainage

in connection therewith; sewer systems, waterworks systems, dams and

levees, canals, drainage ditches, airport grading, drainage,

surfacing, seeding and planting. Provided that the provisions of

this act will not prevent employees from drawing time and half for

those hours worked over forty (40) during any calendar week.

R.L. 1910, § 3758; Laws 1949, p. 413, § 1. Amended by Laws 2022, c.

238, § 2, eff. Nov. 1, 2022.
Okla. Stat. tit. 61, § 61-106 — OK Code / Title 61 / Section 61-106
Bidding documents to be on file
Status: in_force

Complete bidding documents regarding a proposed public

construction contract shall be available to the public at least

twenty (20) days prior to the date set for opening bids. The

awarding public agency, or its agent, may require a reasonable

deposit for each set of bidding documents; provided, that such

deposit shall not exceed the actual cost of duplicating or printing.

The public agency, or its agent, may retain all or part of said

deposit if so stated in the notice for bids.
Okla. Stat. tit. 61, § 61-3 — OK Code / Title 61 / Section 61-3
Working day for public employees
Status: in_force

A. Except as provided in subsection B of this section, eight

(8) hours shall constitute a day's work for all public employees not

otherwise exempt from or covered by special provisions under the

federal Fair Labor Standards Act, 29 U.S.C.A., Section 201 et seq.

and regulations thereto. In cases where it may be necessary to work

more than eight (8) hours per calendar day which results in more

than forty (40) hours worked per week, all public employees not

otherwise exempt from or otherwise covered by special provisions

under the federal Fair Labor Standards Act and regulations related

thereto or other persons so employed shall be compensated in

accordance with the federal Fair Labor Standards Act and regulations

related thereto.

B. Public employees and public safety professionals may be

allowed to work in excess of eight (8) hours per day when such hours

are assigned as part of an alternative work schedule. In any case

where such work schedule results in an employee working in excess of

forty (40) hours per workweek who is not exempt from or covered by

special provisions under the overtime provisions of the Fair Labor

Standards Act, the employee shall be compensated in accordance with

the Fair Labor Standards Act and regulations related thereto. For

purposes of this section, “public safety professionals” means

sheriffs, deputy sheriffs, correctional officers, and persons in the

emergency medical service profession.

R.L. 1910, § 3757. Amended by Laws 1994, c. 242, § 44; Laws 2009,

c. 55, § 1, eff. July 1, 2009.
Okla. Stat. tit. 61, § 61-217 — OK Code / Title 61 / Section 61-217
Construction managers – Written contract required –
Status: in_force

Procedure for awarding work.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 65

A. Construction managers shall be selected by the political

subdivision following the requirements set forth in subsection K of

Section 62 of Title 61 of the Oklahoma Statutes.

B. A written contract between the political subdivision and the

construction manager shall set forth the obligations of the parties,

which, at a minimum, shall include the construction manager's scope

of services, fees and expenses, as follows:

1. A construction management fee, which may be based on a

percentage of the construction cost or as defined in the contract;

2. The cost or basis of cost expenses incurred by the

construction manager to be reimbursed by the subdivision for normal

general conditions and general requirements necessary for the work

but not applicable to a particular subcontractor, trade contractor

or supplier; and

3. Other project-related expenses as set forth in the contract.

C. The procedures for awarding work under agency construction

management are as follows:

1. The construction manager, with the advice of the design

consultant and subdivision, will develop individual bid packages for

public bidding;

2. Public bidding on individual bid packages will comply with

the requirements of the Public Competitive Bidding Act of 1974;

3. The construction manager shall evaluate all bids and

recommend the lowest responsible bidder to the subdivision, who

shall accept or reject the bids. The construction manager may

assist the subdivision with the preparation of contracts and the

receipt of insurance and bonds as required for public construction

contracts by state law;

4. After trade contracts are awarded, the construction manager

will perform contract administrative services as set forth in the

agreement and may assist the subdivision with the review and

processing of progress and final payments to the subcontractors.

However, under no circumstances shall construction managers receive

funds from subdivisions for payments of trade contractors;

5. The owner shall pay all trade contractors as required by the

Fair Pay for Construction Act; and

6. Contracts awarded under an agency construction management

delivery system shall not be modified such to permit the assignment

of subcontracts and/or trade packages to the construction manager.

D. The procedures for awarding work under at-risk construction

management are as follows:

1. The construction manager, with the advice of the design

consultant and subdivision, will develop individual bid packages for

public bidding;

2. Whenever the estimated cost of the contract exceeds Fifty

Thousand Dollars ($50,000.00), bid packages shall be let and awarded

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 66

pursuant to the Public Competitive Bidding Act of 1974 and this

section;

3. Bid packages with a value less than or equal to Fifty

Thousand Dollars ($50,000.00) may be awarded by the political

subdivision based on written comparative quotes. Bid packages with

a value less than or equal to Twenty-five Thousand Dollars

($25,000.00) may be awarded by the political subdivision to any

qualified vendor;

4. Once the bids are accepted by the construction manager and

awards made by the subdivision and the subdivision indicates its

bonding preference, as noted below, but before written agreements

are executed, the construction manager will prepare a guaranteed

maximum price (GMP) for the project or relevant portion of the work,

as an amendment to the contract. After the subdivision approves the

construction manager's GMP amendment, the construction manager shall

enter into written subcontractor and supplier agreements for the

work previously awarded by the subdivision. Upon receiving a notice

to proceed with the work from the subdivision or its designee, the

subdivision shall have the option, but not mandate, to require the

construction manager to provide performance, payment and maintenance

bonds, or any combination, in an amount equal to one hundred percent

(100%) of the value of the work, excluding the construction

manager's fee, general conditions, reimbursements and insurances.

"Payment bond", "performance bond" and "maintenance bond", as used

herein, mean and refer to those bonds as defined in the Public

Competitive Bidding Act of 1974;

5. The construction manager may require bonds from

subcontractors or suppliers in an amount equal to one hundred

percent (100%) of the value of their bid packages for subcontractors

or suppliers not subject to bonding requirements of the Public

Competitive Bidding Act of 1974. In such cases, the bonding

requirements shall be set forth in the bidding documents;

6. The construction manager's work performed under this section

may be on a lump-sum basis and subject to the change order

limitations for a public construction contract as set forth in the

Public Competitive Bidding Act of 1974 or may be performed under a

cost-plus basis as determined by the subdivision;

7. The subdivision may withhold retainage from the construction

manager's progress pay applications as set forth in the Public

Competitive Bidding Act of 1974. The owner shall pay the

construction manager as required by the Fair Pay for Construction

Act; and

8. If a construction manager at-risk wishes to self-perform

portions of the work to be performed, it may do so, provided the

construction manager at-risk competitively bids the work under the

same terms and conditions as the other bidders and the construction

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 67

manager at-risk is the lowest responsible bidder for the work scope

on which the bid was submitted.

E. When bids for a public construction project have been

received from general contractors pursuant to the Public Competitive

Bidding Act of 1974 and the lowest responsible bid is within the

subdivision's available funding, the subdivision shall not reject

all bids and subsequently award the project to a construction

manager.
Okla. Stat. tit. 61, § 61-327.3 — OK Code / Title 61 / Section 61-327.3
Transfer of certain public buildings to the Board of
Status: in_force

Regents for the Oklahoma Agricultural and Mechanical Colleges –

Authority to lease and purchase properties and facilities for

relocation.

A. Provided the United States government provides funding to

the United States Department of Veterans Affairs for the Oklahoma

Veterans Inpatient Facility in Tulsa through the Communities Helping

Invest through Property and Improvements Needed for Veterans Act of

2016 (CHIP IN for Vets Act), effective January 1, 2021, title,

ownership and possession of the Robert S. Kerr and J. Howard

Edmondson State Office Buildings and all real estate and structures,

parking and other improvements attached thereto, located at 440 and

444 S. Houston Street in Tulsa County, are hereby transferred to the

Board of Regents for the Oklahoma Agricultural and Mechanical

Colleges. Provided such transfer occurs, related construction shall

commence no later than July 1, 2021.

B. The Office of Management and Enterprise Services shall take

all actions necessary to reflect such transfer in the land records

of Tulsa County and to transfer all leases for space within the

buildings to the Board of Regents for the Oklahoma Agricultural and

Mechanical Colleges as lessor. Tenants under said leases shall

continue to have quiet enjoyment of the premises until relocation to

new quarters.

C. Beginning July 1, 2021, for state agencies housed within the

Robert S. Kerr and J. Howard Edmondson buildings, up to one hundred

thousand (100,000) square feet shall be made available to tenants,

and such tenants shall pay the monthly rental rate, determined by

the Office of Management and Enterprise Services, to the Board of

Regents for the Oklahoma Agricultural and Mechanical Colleges until

such time as those agencies are relocated. The Office of Management

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 88

and Enterprise Services and tenants of the Robert S. Kerr and J.

Howard Edmondson State Office Buildings may, at their discretion,

remove selected fixtures, furniture and equipment, including

signage, that are not critical to the operation of the buildings.

D. Upon transfer, the Board of Regents for the Oklahoma

Agricultural and Mechanical Colleges shall become solely responsible

for operation and maintenance of the Robert S. Kerr and J. Howard

Edmondson buildings. Operation and maintenance shall include

payment of all utilities, insurance, assessments, agreements and

other expenses. At the discretion of the Board of Regents for the

Oklahoma Agricultural and Mechanical Colleges, contracts for goods

and services for operation and maintenance of the Robert S. Kerr and

J. Howard Edmondson buildings may be assigned by the Office of

Management and Enterprise Services to the Board.

E. The Office of Management and Enterprise Services is hereby

authorized to lease and purchase properties and facilities owned or

purchased by the Commissioners of the Land Office, within the Tulsa

metro area for the relocation of the state agencies currently housed

within the Robert S. Kerr and J. Howard Edmondson buildings. The

Office of Management and Enterprise Services shall make all

reasonable efforts to identify suitable space for the affected

agencies and to relocate the affected agencies as soon as possible.

Under no circumstances shall the affected state agencies be forced

out of the Robert S. Kerr and J. Howard Edmondson State Office

Buildings prior to December 31, 2021, or such later date as agreed

to by the affected state agencies, if such delays arise out of or

are caused by, directly or indirectly, forces beyond the control of

the Office of Management and Enterprise Services.Agricultural and Mechanical Colleges – Authority to lease and purchase properties and facilities for
Okla. Stat. tit. 61, § 61-221 — OK Code / Title 61 / Section 61-221
Short title
Status: in_force

This act shall be known and may be cited as the “Fair Pay for

Construction Act”.
Okla. Stat. tit. 61, § 61-308 — OK Code / Title 61 / Section 61-308
Oil or gas lease of lands of public institutions
Status: in_force

The Office of Management and Enterprise Services is hereby

authorized to lease for drilling and development of oil or gas, or

both, any of the lands belonging to the state, on which are located

public institutions, or are connected with or a part of the lands of

such institution. Such leasing to be made by public competition

after not less than fifteen (15) days' notice by publication

electronically on an authorized state website and in two newspapers

authorized by law to publish legal notices, one of which newspapers

shall be published at the State Capital, and the other in the county

where the land is situated, and in such manner as said Office of

Management and Enterprise Services may by rule prescribe. All such

leasing must be on electronic or sealed bids and awarded to the

highest responsible bidder, and for a term of not to exceed five (5)

years from date and as long thereafter as oil and gas, or either of

them, is produced in paying quantities from the land by the lessee,

provided the Office may reject any and all bids. The oil and gas

interest in such land hereby authorized to be leased is to the

extent and in the manner that a private owner of lands in fee, may

in his own right, execute such lease or grant.
Okla. Stat. tit. 61, § 61-310 — OK Code / Title 61 / Section 61-310
Oil and gas leases upon described state-owned lands
Status: in_force

The Office of Management and Enterprise Services is hereby

authorized and empowered to advertise, sell, and execute an oil and

gas lease or leases upon the following described state-owned lands

constituting a portion of the State Capitol grounds:

Beginning at a point One Hundred Fifty-two and Seventy-seven

One-hundredths (152.77) feet east of the Southwest Corner of the

Northeast One-quarter (NE 1/4) of Section Twenty-seven (27),

Township Twelve (12) North, Range Three (3) West. Thence North Four

(4) Degrees Thirty-one (31) Minutes East, Twelve Hundred Eight and

Fifty-five One-hundredths (1,208.55) feet. Thence West Four Hundred

Ninety-six (496.0) feet. Thence South Four (4) Degrees Thirty-one

(31) Minutes East, Twelve Hundred Eight and Fifty-five One-

hundredths (1,208.55) feet. Thence East Three Hundred Five and

Fifty-four One-hundredths (305.54) feet to the place of beginning,

containing Eleven and Eight One-hundredths (11.08) acres, more or

less, situated in Oklahoma County, Oklahoma.

In advertising, selling, and executing such lease or leases,

such Office shall follow the provisions and requirements of Section

309 of this title. The Office may provide for the consolidation of

such lease or leases with a lease or leases upon other lands under

such terms as such Office may determine.
Okla. Stat. tit. 61, § 61-120 — OK Code / Title 61 / Section 61-120
Assignment of contracts
Status: in_force

No public construction contract shall be assignable by the

successful bidder without written consent of the governing body of

the awarding public agency, evidenced by resolution. In no event

shall such a contract be assigned to a bidder who was declared by

the awarding public agency not to be a responsible bidder in the

consideration of bids received for the particular contract.
Okla. Stat. tit. 61, § 61-133 — OK Code / Title 61 / Section 61-133
Law governing
Status: in_force

If a statute, charter or general ordinance provides more

stringent standards or procedures than those provided by this act,

then the statute, charter or general ordinance shall prevail.
Okla. Stat. tit. 61, § 61-101 — OK Code / Title 61 / Section 61-101
Short title
Status: in_force

This act shall be known and may be cited as the "Public

Competitive Bidding Act of 1974".
Okla. Stat. tit. 61, § 61-103 — OK Code / Title 61 / Section 61-103
Governing law - Solicitation and award of contracts
Status: in_force

A. Unless otherwise provided by law, all public construction

contracts exceeding One Hundred Thousand Dollars ($100,000.00) or

construction management trade contracts or subcontracts exceeding

Fifty Thousand Dollars ($50,000.00) shall be let and awarded to the

lowest responsible bidder, by open competitive bidding after

solicitation for sealed bids, in accordance with the provisions of

the Public Competitive Bidding Act of 1974. No work shall be

commenced until a written contract is executed and all required

bonds and insurance have been provided by the contractor to the

awarding public agency.

B. Notwithstanding subsection A of this section, in awarding

public construction contracts exceeding One Hundred Thousand Dollars

($100,000.00) or construction management trade contracts or

subcontracts exceeding Fifty Thousand Dollars ($50,000.00),

counties, cities, other local units of government and any public

trust with a county or a municipality as its sole beneficiary shall

provide for a local bid preference of not more than five percent

(5%). Provided, however, the local bidder or contractor must agree

to perform the contract for the same price and terms as the bid

proposed by the nonlocal bidder or contractor. Provided further, no

local bid preference shall be granted unless the local bidding

entity is the second lowest qualified bid on the contract. The bid

specifications shall clearly state that the bid is subject to a

local bidder preference law. For purposes of this section, “local

bid” means the bidding person is authorized to transact business in

this state and maintains a bona fide establishment for transacting

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 24

such business within this state. This provision does not apply to

any construction contract for which federal funds are available for

expenditure when its provisions may be in conflict with federal law

or regulation.

C. Except as provided in subsection E of this section, other

construction contracts for the purpose of making any public

improvements or constructing any public building or making repairs

to the same for One Hundred Thousand Dollars ($100,000.00) or less

shall be let and awarded to the lowest responsible bidder by receipt

of written bids or awarded on the basis of competitive quotes to the

lowest responsible qualified contractor. Work may be commenced in

accordance with the purchasing policies of the public agency.

D. Except as provided in subsection E of this section, other

construction contracts for less than Ten Thousand Dollars

($10,000.00) may be negotiated with a qualified contractor. Work

may be commenced in accordance with the purchasing policies of the

public agency.

E. The provisions of this subsection shall apply to public

construction for minor maintenance or minor repair work to public

school district property. Other construction contracts for less

than Twenty-five Thousand Dollars ($25,000.00) may be negotiated

with a qualified contractor. Construction contracts equal to or

greater than Fifty Thousand Dollars ($50,000.00) but less than One

Hundred Thousand Dollars ($100,000.00) shall be let and awarded to

the lowest responsible bidder by receipt of written bids. No work

shall be commenced on any construction contract until a written

contract is executed and proof of insurance has been provided by the

contractor to the awarding public agency.

F. The Construction and Properties Division of the Office of

Management and Enterprise Services may award contracts using best

value competitive proposals. As used in this subsection, “best

value” means an optional contract award system which can evaluate

and rank submitted competitive performance proposals to identify the

proposal with the greatest value to the state. The Office of

Management and Enterprise Services, pursuant to the Administrative

Procedures Act, shall promulgate rules necessary to implement the

provisions of this subsection.

G. 1. A public agency shall not let or award a public

construction contract exceeding One Hundred Thousand Dollars

($100,000.00) or a construction management trade contract or

subcontract exceeding Fifty Thousand Dollars ($50,000.00) to any

contractor affiliated with a purchasing cooperative unless the

purchasing cooperative and the contractor have complied with all of

the provisions of the Public Competitive Bidding Act of 1974,

including, but not limited to, open competitive bidding after

solicitation for sealed bids. A public agency shall not let or

award a public construction contract exceeding Ten Thousand Dollars

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 25

($10,000.00) up to One Hundred Thousand Dollars ($100,000.00) to any

contractor affiliated with a purchasing cooperative unless the

purchasing cooperative and the contractor have complied with all of

the provisions of the Public Competitive Bidding Act of 1974,

including submission of a written bid upon notice of competitive

bidding.

2. A purchasing cooperative and its affiliated contractors

shall not be allowed to bid on any public construction contract

exceeding One Hundred Thousand Dollars ($100,000.00) or any

construction management trade contract or subcontract exceeding

Fifty Thousand Dollars ($50,000.00) unless the purchasing

cooperative and its affiliated contractors have complied with all of

the provisions of the Public Competitive Bidding Act of 1974,

including, but not limited to, open competitive bidding after

solicitation for sealed bids. A purchasing cooperative and its

affiliated contractors shall not be allowed to bid on any public

construction contract exceeding Five Thousand Dollars ($5,000.00)

unless the purchasing cooperative and its affiliated contractors

have complied with all of the provisions of the Public Competitive

Bidding Act of 1974, including submission of a written bid upon

notice of open competitive bidding.

3. Local governmental units, or local governmental units

cooperating under the terms of any interlocal cooperative agreement

authorized by state law, may create a purchasing cooperative or

contract with a purchasing cooperative to provide leverage in

achieving best value or the best terms in contracts. To encourage

intergovernmental collaboration, any purchasing cooperative or

interlocal cooperative entity may utilize any single legal newspaper

of this state to serve as sufficient compliance for bid notice

requirements of competitive bidding or solicitation of bids. If the

purchasing cooperative or interlocal cooperative entity is engaging

in a project exclusive to a county or group of counties of this

state, and not open to all governmental units or public trusts that

wish to participate statewide, the bid notice shall be published in

a legal newspaper located within the county or group of counties.

Any local governmental unit or public trust that enters into

membership or contracts with a purchasing cooperative or interlocal

cooperative entity may enter into purchases or contracts under the

terms negotiated by the purchasing cooperative or interlocal

cooperative entity. If the purchasing cooperative or interlocal

cooperative entity complies with the requirements of this section of

law, all local governmental units shall be deemed in compliance with

the requirements set forth for bid notices and publication.
Okla. Stat. tit. 61, § 61-2 — OK Code / Title 61 / Section 61-2
Filing of bond - Action on bond - Subcontractors
Status: in_force

A. Bonds shall be filed in the office of the agency,

institution, department, commission, municipality or government

instrumentality that is authorized by law and does enter into

contracts for the construction of public improvements or buildings,

or public or private improvements or buildings on a public-private

partnership project, or repairs to the same; and the officer with

whom the bond is filed shall furnish a copy thereof to any person

claiming any rights thereunder. Any person to whom there is due any

sum for labor, material or repair to machinery or equipment,

furnished as stated in Section 1 of this title, the heirs or assigns

of such person, may file a claim or bring an action on the bond for

the recovery of the indebtedness, provided that no action shall be

brought on the bond after one (1) year from the day on which the

last of the labor was performed or material or parts furnished for

which the claim is made unless a prior claim has been filed within

one (1) year from the day on which the labor was performed or

material or parts furnished, in which case, no action shall be

brought on the bond after two (2) years from the day on which the

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 5

last of the labor was performed or material or parts furnished for

which the claim is made.

B. 1. Any person having direct contractual relationship with a

subcontractor, regardless of tier, performing work on the contract,

but no contractual relationship express or implied with the

contractor furnishing the payment bond, shall have a right of action

upon the payment bond only upon giving written notice to the

contractor and surety on the payment bond within ninety (90) days

from the date on which such person did or performed the last of the

labor or furnished or supplied the last of the material or parts for

which the claim is made, stating with substantial accuracy the

amount claimed and the name of the party to whom the material or

parts were furnished or supplied or for whom the labor was done or

performed. The notice shall be served by mailing the same by

registered or certified mail, postage prepaid, in an envelope

addressed to the contractor at any place the contractor maintains an

office or conducts business, together with a copy thereof to the

surety or sureties on the payment bond.

2. With regard to an at-risk construction management contract

under which the at-risk construction manager or a trade contractor

under either an agency or an at-risk construction management

contract is required to furnish a payment bond, only persons having

a direct contractual relationship with the party furnishing the

payment bond shall have a right of action upon the payment bond in

the same manner as set forth in subsection A of this section.

C. 1. The bond or irrevocable letter of credit issued to the

Department of Transportation or the Oklahoma Turnpike Authority,

pursuant to this section, shall also provide that the contractor

shall pay all state and local taxes accruing as a result of the

contract, any liquidated damages as provided by the contract and any

overpayment of progressive estimates resulting in a balance due and

owing the Department of Transportation or the Oklahoma Turnpike

Authority.

2. A claim against the bond or irrevocable letter of credit for

delinquent taxes shall be made by the public entity to which the tax

was payable. The claim shall be made within six (6) months from the

date on which the tax became delinquent. Notice of the delinquent

tax shall be sent by certified mail to the surety, and a copy of the

notice shall be sent to the contractor. Nothing in this paragraph

shall be construed to release, at any time, the contractor from

responsibility for full payment of all taxes.

3. A claim against the bond or irrevocable letter of credit for

overpayment on progressive estimates shall be made by the public

entity within one (1) year from the date of final acceptance of the

project. Notice of the overpayment shall be sent by certified mail

to the surety and a copy of the notice shall be sent to the

contractor. Nothing in this paragraph shall be construed as to

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 6

release, at any time, the contractor from the responsibility of

refunding any amount overpaid on progressive estimates which are due

and owing the Department of Transportation.
Okla. Stat. tit. 61, § 61-316 — OK Code / Title 61 / Section 61-316
Payment of proceeds into Maintenance of State Buildings
Status: in_force

Revolving Fund.

All proceeds derived from any royalty under such leases or any

bonus received from the sale of such leases shall be paid into the

Maintenance of State Buildings Revolving Fund of the state but this

section shall not be a part of any contract with any lessee

hereunder.
Okla. Stat. tit. 61, § 61-119 — OK Code / Title 61 / Section 61-119
Rejection of bids
Status: in_force

By majority action of the governing board of the awarding public

agency or the chief administrating officer of an awarding public

agency without a governing board, the awarding public agency shall

have the right to reject any or all bids and solicit bidders again

as herein provided if, in the opinion of the governing body of the

public agency, the best interests of the people of the State of

Oklahoma would be best served by so doing.
Okla. Stat. tit. 61, § 61-105 — OK Code / Title 61 / Section 61-105
Contents of bid notices
Status: in_force

All bid notices shall set forth the following information:

1. The character of the proposed public construction contract

in sufficient details that all bidders shall know exactly what their

obligation will be, either in the bid notice itself or by reference

to bidding documents available to the public; and

2. The name of the officer, agent or employee of the awarding

public agency and the office location and address of such person,

from whom a complete set of bidding documents regarding such

proposed contract may be obtained, together with the amount of the

cost deposit required therefor, if any; and

3. The date, time and place of opening of the sealed bids

either in person or electronically; and

4. The name and office location and address of the office of

the awarding public agency to whom the sealed bids should be

submitted or information sufficient to enable a bid to be submitted

electronically; and

5. Any additional information regarding such proposed contract

deemed by the awarding public agency to be of beneficial interest to

prospective bidders or the public.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 29
Okla. Stat. tit. 61, § 61-318 — OK Code / Title 61 / Section 61-318
Lease of property formerly occupied by Russell Girls Home
Status: in_force

The Office of Management and Enterprise Services is hereby

authorized to lease the surface of a tract of land consisting of

about ten (10) acres located in Oklahoma County, Oklahoma, formerly

occupied and used by the state for the Russell Girls Home. Said

lease shall be only for temporary periods of time, and shall contain

a provision authorizing termination of such lease whenever the needs

of state require said land. Said lease to be for a period not to

exceed five (5) years with provisions for renewal thereof at the

authorization of the said Office of Management and Enterprise

Services, and to be upon such terms and consideration as the Office

of Management and Enterprise Services deems adequate and proper.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 78
Okla. Stat. tit. 61, § 61-125 — OK Code / Title 61 / Section 61-125
Accounting procedure
Status: in_force

The Director of the Office of Management and Enterprise Services

shall prescribe the accounting procedure to be followed to pay costs

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 43

and payments to contractors on public construction contracts with

state agencies. The Director of the Office of Management and

Enterprise Services is directed to include any procedures necessary

to provide accountability for state funds and funds furnished by an

agency of the United States Government.
Okla. Stat. tit. 61, § 61-128 — OK Code / Title 61 / Section 61-128
Builder’s risk insurance
Status: in_force

The awarding public agency is authorized to require the

contractor to carry builder's risk insurance against damage from

fire and the elements during the process of construction to the

extent of protecting said public agency's equity in said project

until accepted by said agency.
Okla. Stat. tit. 61, § 61-85 — OK Code / Title 61 / Section 61-85
Prohibited terms in bid specifications for public
Status: in_force

improvement projects.

A public agency or a construction manager or other contracting

entity acting on behalf of a public agency shall not place any of

the terms described in Section 3 of the Fair and Open Competition in

Governmental Construction Act in bid specifications, project

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 21

agreements, or other controlling documents relating to the

construction, repair, remodeling, or demolition of a public

improvement. Any such included term is void and of no effect.
Okla. Stat. tit. 61, § 61-82 — OK Code / Title 61 / Section 61-82
Definitions
Status: in_force

As used in the Fair and Open Competition in Governmental

Construction Act:

1. "Public improvement" means any beneficial or valuable change

or addition, betterment, enhancement or amelioration of or upon any

real property, or interest therein, belonging to a public agency

intended to enhance its value, beauty or utility or to adapt it to

new or further purposes. The term does not include the direct

purchase of materials, equipment or supplies by a public agency, or

any personal property; and

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 20

2. "Public agency" means the State of Oklahoma, and any county,

city, town, school district or other political subdivision of the

state, any public trust, any public entity specifically created by

the statutes of the State of Oklahoma or as a result of statutory

authorization therefor, and any department, agency, board, bureau,

commission, committee or authority of any of the foregoing public

entities.
Okla. Stat. tit. 61, § 61-122 — OK Code / Title 61 / Section 61-122
Taxpayer suits to enjoin execution of unlawful contracts
Status: in_force

Any taxpayer of the State of Oklahoma, or any bona fide

unsuccessful bidder on a particular public construction contract,

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 42

within ten (10) days after any such contract has been executed, is

empowered to bring suit in the district court of the county where

the work, or the major part of it, is to be done to enjoin the

performance of such contract if entered into in violation of the

provisions of this act.
Okla. Stat. tit. 61, § 61-65 — OK Code / Title 61 / Section 61-65
Application of act - Emergencies
Status: in_force

A. In addition to the conditions prescribed pursuant to

subsection C of this section, the provisions of Section 62 of this

title shall not apply whenever the Office of Management and

Enterprise Services with concurrence of the chief administrative

officer of the public agency affected declares that an emergency

exists. The construction manager or consultant shall be selected by

the Director of the Office of Management and Enterprise Services.

The resulting construction manager or consultant contract shall not

exceed Fifty Thousand Dollars ($50,000.00). The reasons for the

emergency shall be recorded in the official records of the Office.

B. Emergency as used in this section shall be limited to

conditions resulting from any of the following:

1. A sudden unexpected happening or unforeseen occurrence if it

is impossible for the provisions of Section 62 of this title to be

observed because of the time factor and if the public health or

safety is endangered; and

2. A condition or situation which, if allowed to continue,

would lead to economic loss to the state or to further damage of

state property.

C. The provisions of Section 62 of this title shall not apply

to the process for construction of a correctional facility whenever

the State Board of Corrections informs the Office that an emergency

condition threatens the security of the state correctional system,

including inmate population growth, and the condition requires

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 19

expeditious treatment for the review, approval and bid process as it

relates to construction or expansion of correctional facilities.

The Office and the Department of Corrections are authorized to

implement an expedited competitive bid process for the contracting

of construction managers or consultants and construction of new or

expanded correctional facilities that adequately respond to the

emergency. The State Board of Corrections shall provide written

notification to the Governor, the Speaker of the House of

Representatives and to the President Pro Tempore of the Senate of

the emergency conditions.
Okla. Stat. tit. 61, § 61-325 — OK Code / Title 61 / Section 61-325
Inventory and appraisal - Sale
Status: in_force

The Office of Management and Enterprise Services shall make or

cause to be made a full and complete inventory and appraisal of the

property described in Section 324 of this title. Except for lands

owned by the Department of Transportation, the Office may offer for

sale to the highest bidder at public sale all of the lots, blocks,

or acreage tracts of "Capitol Building Lands" that are not used by

the state and which, in the judgment of the Office, will not be

required for future use by the state. The property shall be offered

for sale in separate lots or tracts, for cash, to the highest

bidder. The sale shall be at public auction or under sealed bids

whichever the Office may determine to be most advantageous. The

sale shall be advertised in a newspaper of general circulation in

Oklahoma County, Oklahoma, for not less than thirty (30) days prior

to the date of sale. The notice shall contain an accurate

description of all the property to be sold and terms and conditions

of the sale.

The lands so offered for sale shall be subject to a reservation

by this state in one-half (1/2) of all the mineral rights therein.

If royalties are not paid to the state from any of the above-

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 81

described lots or tracts of land, the sale of such properties shall

be made subject to a reservation by this state of all of the mineral

rights therein under the lots or tracts. The Office of Management

and Enterprise Services shall reserve the right to refuse any and

all bids for the property. No sale of any portion of the land shall

be confirmed at a price less than ninety percent (90%) of the

appraised value. All sales shall be approved by the Governor.
Okla. Stat. tit. 61, § 61-137 — OK Code / Title 61 / Section 61-137
Termination of certain unperformed contracts
Status: in_force

Any contract which has been bid under the provisions of the

Public Competitive Bidding Act, Section 101 et seq. of Title 61 of

the Oklahoma Statutes, and on which no work has been performed and

no formal claim or litigation has been pending within the last

twenty-four (24) months shall be terminated by the public agency

which awarded the contract. After termination, the public agency

shall determine the amount of any final payment due to the

contractor and shall make such payment to the contractor at the

contractor's last-known address, or if the public agency is unable

to locate the contractor, the amount due shall be held in a separate

account by the State Treasurer in the name of the contractor.

Termination of the contract and payment to the contractor or deposit

of the funds due to the contractor as determined by the public

agency shall release the public agency from any further liability to

the contractor or surety company. Any such funds held by the State

Treasurer for the contractor which are not claimed by the contractor

within thirty-six (36) months from the date of deposit with the

State Treasurer shall be deposited in the General Revenue Fund and

the state shall have no further liability on the project to the

contractor or surety company.
Okla. Stat. tit. 61, § 61-307 — OK Code / Title 61 / Section 61-307
Property conveyed for public college or university –
Status: in_force

Implementation of transfer to designated board of regents -

Limitations in deed.

A. Any property, real or personal, conveyed to the State of

Oklahoma for the purpose of establishing or for the use and benefit

of any public college or university in the State of Oklahoma, shall

upon a request submitted to the Office of Management and Enterprise

Services by the college or university which is the beneficiary of

such conveyance, be conveyed to the board of regents of such college

or university following a determination by the Office of Management

and Enterprise Services, in its sole discretion, that such property

has been and continues to be used for the benefit of such college or

university.

B. The Office of Management and Enterprise Services is

designated to act on behalf of the State of Oklahoma to implement a

transfer from the State of Oklahoma to the designated board of

regents of any property described in subsection A of this section.

C. A recital by the Office of Management and Enterprise

Services in any deed (i) that said deed is executed pursuant to this

section or (ii) that the original purpose of the conveyance to the

State of Oklahoma was for establishing or for the use and benefit of

the college or university grantee and that the property continues to

be used for the benefit of the college or university grantee shall

create a conclusive presumption as to the facts contained in said

recital.
Okla. Stat. tit. 61, § 61-6 — OK Code / Title 61 / Section 61-6
Public buildings - Home products - When to use
Status: in_force

In the construction of all public buildings erected for the

state, or for any county thereof, where the expense of construction

is borne wholly or in part by the state, or county, by

appropriation, by the issuance of bonds, or by taxation, preference

shall be given to materials mined, quarried, manufactured or

procured within the State of Oklahoma, provided that the same can be

procured at no greater expense than like material or materials of

equal quality from without the state.
Okla. Stat. tit. 61, § 61-60 — OK Code / Title 61 / Section 61-60
Mandatory consultant and construction contract forms -
Status: in_force

Exceptions.

All state agencies, boards, commissions, offices, institutions,

and other governmental bodies of this state, and all individuals

representing such entities, except the Department of Transportation,

the Oklahoma Turnpike Authority, the Oklahoma State Regents for

Higher Education and its constituent institutions, and the

Commissioners of the Land Office, the Oklahoma Municipal Power

Authority, shall use construction manager, consultant and

construction contract forms that the Director of the Office of

Management and Enterprise Services requires to award and execute

contracts for designs to construct, renovate, alter, repair,

maintain, or improve real property or fixtures of real property of

the state. The Director may authorize, in writing, exceptions to

the use of construction manager, consultant and construction

contract forms for specific projects.
Okla. Stat. tit. 61, § 61-121 — OK Code / Title 61 / Section 61-121
Change orders or addenda
Status: in_force

A. Change orders or addenda to public construction contracts of

One Million Dollars ($1,000,000.00) or less shall not exceed a

fifteen percent (15%) cumulative increase in the original contract

amount.

B. Change orders or addenda to public construction contracts of

over One Million Dollars ($1,000,000.00) shall not exceed the

greater of One Hundred Fifty Thousand Dollars ($150,000.00) or a ten

percent (10%) cumulative increase in the original contract amount.

C. Change orders or cumulative change orders which exceed the

limits of subsection A or B of this section shall require a

readvertising for bids on the incomplete portions of the contract.

D. If the awarding public agency does not have a governing

body, the chief administrative officer of the awarding public agency

shall approve change orders. The Director of the Office of

Management and Enterprise Services, or the Director's designee,

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 40

shall sign and execute all contracts and change orders, as they

relate to state agencies.

E. If the awarding public agency has a governing body, all

change orders shall be formally approved by the governing body of

the awarding public agency and the reasons for approval recorded in

the permanent records of the governing body. The governing body of

a municipality or technology center may delegate approval of change

orders up to Forty Thousand Dollars ($40,000.00) or ten percent

(10%) of any contract, whichever is less, to the chief

administrative officer of the municipality or technology center or

their designee, with any approved change orders reported to the

governing body at the next regularly scheduled meeting.

F. The Oklahoma Veterans Commission, as the governing body of

the Oklahoma Department of Veterans Affairs, is authorized to

delegate to the Director of the agency the authority to approve

change orders on a construction contract provided that the

individual change order does not exceed Forty Thousand Dollars

($40,000.00) in expenditure, and complies with the limits

established by this section. Change orders approved by the Director

pursuant to a delegation of authority shall be presented to the

Commission during the next regular meeting and the reasons for the

orders recorded in permanent records.

G. The governing body of the Oklahoma Tourism and Recreation

Department is authorized, upon approval of a majority of all of the

members of the Oklahoma Tourism and Recreation Commission, to

delegate to the Director of the agency the authority to approve

change orders on a construction contract provided that the

individual change order does not exceed Twenty-five Thousand Dollars

($25,000.00) in expenditure and complies with the limits established

by this section. The Director of the Office shall sign and execute

all contracts and change orders.

H. The Transportation Commission may, by rule, authorize the

Director of the Department of Transportation to approve change

orders in an amount of not to exceed Five Hundred Thousand Dollars

($500,000.00). Change orders approved by the Director shall be

presented to the Transportation Commission during the next regular

meeting and the reasons therefor recorded in the permanent records.

The Oklahoma Turnpike Authority may authorize the Director of the

Authority to approve change orders in an amount not to exceed Two

Hundred Fifty Thousand Dollars ($250,000.00). Change orders

approved by the Director of the Authority shall be presented to the

Authority during the next regular meeting and the reasons for the

orders recorded in permanent records.

I. All change orders for the Department of Transportation or

the Authority shall contain a unit price and total for each of the

following items:

1. All materials with cost per item;

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 41

2. Itemization of all labor with number of hours per operation

and cost per hour;

3. Itemization of all equipment with the type of equipment,

number of each type, cost per hour for each type, and number of

hours of actual operation for each type;

4. Itemization of insurance cost, bond cost, Social Security,

taxes, workers' compensation, employee fringe benefits and overhead

cost; and

5. Profit for the contractor.

J. 1. If a construction contract contains unit pricing, and

the change order pertains to the unit price, the change order will

not be subject to subsection A or B of this section.

2. When the unit price change does not exceed Twenty Thousand

Dollars ($20,000.00), the unit price change order computation may be

based on an acceptable unit price basis in lieu of cost itemization

as required in paragraphs 1, 2, 3, 4 and 5 of subsection I of this

section.

3. When the unit price change exceeds Twenty Thousand Dollars

($20,000.00), any unit price for a new item established at or below

the average eighteen-month-price history for the new item may be

used in lieu of cost itemization as required in paragraphs 1, 2, 3,

4 and 5 of subsection I of this section.

K. Alternates or add items bid with the original bid and

contained in the awarded contract as options of the awarding public

agency shall not be construed as change orders under the provisions

of the Public Competitive Bidding Act of 1974.

L. Where construction management at-risk is the project

delivery method, the limits established by subsections A and B of

this section shall be based upon the total cost of the project

rather than the cost of the individual trade contracts.
Okla. Stat. tit. 61, § 61-107 — OK Code / Title 61 / Section 61-107
Check, bond or irrevocable letter of credit to accompany
Status: in_force

bid.

A. A bidder on a public construction contract exceeding One

Hundred Thousand Dollars ($100,000.00) or a construction management

trade contract or subcontract exceeding Fifty Thousand Dollars

($50,000.00) shall accompany the bid with:

1. A certified check, cashier's check or bid bond equal to five

percent (5%) of the bid, which shall be deposited with the awarding

public agency as a guaranty; or

2. An irrevocable letter of credit containing terms the Office

of Management and Enterprise Services prescribes, issued by a

financial institution insured by the Federal Deposit Insurance

Corporation or the Federal Savings and Loan Insurance Corporation

for the benefit of the state, on behalf of the awarding public

agency, in an amount equal to five percent (5%) of the bid. The

awarding public agency shall deposit the irrevocable letter of

credit with the Office.

B. The cost of republication of the notice to bidders, actual

expenses incurred by reason of the bidder's default and the

difference between the low bid of the defaulting bidder and the

amount of the bid of the bidder to whom the contract is subsequently

awarded, but not to exceed the amount of the certified check,

cashier's check, bid bond or irrevocable letter of credit may, at

the discretion of the awarding public agency, be forfeited to the

awarding public agency in the event the apparently successful bidder

fails to execute the contract or fails to provide the required bonds

or irrevocable letters of credit and insurance to the awarding

public agency.

C. The public agency shall, upon receipt of notice from the

awarding public agency, return a certified or cashier's check, bid

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 30

bond, or irrevocable letter of credit to the successful bidder on

execution and delivery of the contract and required bonds or

irrevocable letters of credit and insurance. Checks of unsuccessful

bidders shall be returned to them in accordance with the terms of

the bid solicitation.

D. Nothing contained herein shall be construed so as to prevent

the awarding public agency or the courts from exonerating the bidder

and other parties to the bid security document from liability upon a

timely showing that the bidder committed what the courts have

determined under the common law to be an excusable bidding error and

for that reason it would not be equitable to enforce the bid

security.
Okla. Stat. tit. 61, § 61-63 — OK Code / Title 61 / Section 61-63
Ownership and control of plans, etc
Status: in_force

All drawings, plans, specifications, reports, and models made by

a construction manager or consultant for a state agency shall be the

property of this state and shall be delivered to the state as

directed by the terms of the contract.
Okla. Stat. tit. 61, § 61-113.2 — OK Code / Title 61 / Section 61-113.2
Withdrawal of retainage - Deposit of securities
Status: in_force

The contractor may, from time to time, withdraw any part, or the

whole, of the amount which has been retained from partial payments

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 35

to the contractor pursuant to the terms of contract, upon depositing

with or delivery to the awarding public agency, or other appropriate

public official designated in the contract document: (1) United

States Treasury bonds, United States Treasury notes, United States

Treasury bills, or (2) general obligation bonds of the State of

Oklahoma, or (3) certificates of deposit from a state or national

bank having its principal office in the State of Oklahoma. No

retained amount shall be withdrawn which would represent an amount

in excess of the market value of the securities at the time of

deposit or of the par value of such securities, whichever is lower.

At the time of deposit of any securities the same shall be

endorsed, if necessary, and shall be accompanied by a conditional

assignment to the awarding public agency, or to the other public

body designated as "owner" in the contract documents, which will

empower the awarding public agency, or other appropriate public

official designated to have custody of same, to negotiate same at

any time to the extent necessary to cause the contract to be

fulfilled. The securities which remain on deposit at the time of

completion of any contract and observance by the parties to the

contract of any other statutory obligations relative thereto shall

be returned to the contractor.
Okla. Stat. tit. 61, § 61-109 — OK Code / Title 61 / Section 61-109
Late bids
Status: in_force

Any bid received after the time set for opening of bids shall

not be opened or considered by the awarding public agency.
Okla. Stat. tit. 61, § 61-112 — OK Code / Title 61 / Section 61-112
Bids, contracts, bonds open for public inspection
Status: in_force

All bids, both successful and unsuccessful, and all contracts

and required bonds shall be placed on file and maintained by the

awarding public agency for a period of five (5) years from the date

of opening of bids or for a period of three (3) years from the date

of completion of the contract, whichever is longer, and shall be

open to public inspection and shall be matters of public record.
Okla. Stat. tit. 61, § 61-317 — OK Code / Title 61 / Section 61-317
Oil and gas or mineral leases of state lands other than
Status: in_force

Capitol lands and parkways.

The Office of Management and Enterprise Services is hereby

authorized and empowered to sell and execute oil and gas leases, and

other mining leases, on any of the lands of this state under the

control of said Office of Management and Enterprise Services. Sale

of Oklahoma State Capitol lands or parkways or the Executive Mansion

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 77

lands shall be made upon a basis of a retained royalty of not less

than one-eighth (1/8) of all the oil, gas, and other minerals

produced therefrom, and such additional cash bonus as may be

procured. Such leases shall contain a provision that in the event

of the discovery of natural gas, gas shall be furnished free of

charge to any state institution located or hereafter located upon

the lands covered by said lease, or leases. Said leases shall be

sold only after advertisement for a period of three (3) weeks

electronically on an authorized state website and in a legal

newspaper published and of general circulation in the county in

which said lands are located. The sale shall be made to the highest

responsible bidder, and all bids for any tract shall be presented to

the Office of Management and Enterprise Services electronically or

in sealed envelopes, and shall all be opened and considered at the

same time. Said Office of Management and Enterprise Services shall

have the right to reject any and all of said bids and again

readvertise said lease, or leases, for sale.

The Office of Management and Enterprise Services is further

authorized to make and promulgate such additional rules and

regulations as he may deem necessary and for the best interest of

the state in facilitating the sale of said leases. The Director may

contract with other state agencies to implement the provisions of

this section and any expenses charged under such contract may be

paid from the proceeds of the lease.

All monies derived from the sale of any and all of said leases,

and from any royalties subsequently accruing, after deduction of the

amount required to pay necessary and actual expenses of developing

the lease, shall be paid into the State Treasury and credited to the

Maintenance of State Buildings Revolving Fund.
Okla. Stat. tit. 61, § 61-61 — OK Code / Title 61 / Section 61-61
Definitions
Status: in_force

As used in Sections 61 through 65 of this title:

1. "Chief administrative officer" means an individual

responsible for directing the administration of a state agency. The

term does not mean one or all of the individuals that make policy

for a state agency;

2. "Construction manager" means an individual, firm,

corporation, association, partnership, copartnership, or any other

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 13

legal entity on the Office of Management and Enterprise Services

Construction and Properties (OMES-CAP) registration list and

possessing the qualifications to provide services of construction

management which include, but are not necessarily limited to, design

review, scheduling, cost control, value engineering,

constructability evaluation, preparation and coordination of bid

packages, and construction administration;

3. "Consultant" means an individual or legal entity possessing

the qualifications to provide licensed architectural, registered

engineering, or registered land surveying services or other

individuals or legal entities possessing specialized credentials and

qualifications as may be needed to evaluate, plan or design and/or

provide construction administration and/or construction inspection

services for any construction or a public work improvement project;

4. "Director" means the Director of the Office of Management

and Enterprise Services or a designee;

5. "Office" means the Office of Management and Enterprise

Services;

6. "Project" means studies, evaluations, plans or designs for

facility evaluations or public work improvements, except the

transportation facilities under the jurisdiction of the Department

of Transportation or the Oklahoma Turnpike Authority:

a. to construct, renovate, alter, repair, maintain, or

improve real property or fixtures of real property,

and

b. that does not constitute "construction" as defined by

the Public Building Construction and Planning Act;

7. "State agency" means an agency, office, officer, bureau,

board, counsel, court, commission, institution, unit, division, body

or house of the executive or judicial branches of state government,

whether elected or appointed, excluding only political subdivisions

of the state, the Oklahoma State Regents for Higher Education and

its constituent institutions and the Commissioners of the Land

Office; and

8. "Political subdivision" means any local governmental body

formed pursuant to the laws of this state, including, but not

limited to, school districts, career technology centers, cities,

counties, public trusts, public authorities, commissions or other

local governmental bodies exercising their authority to contract

with construction managers and/or consultants. The term also means

any quasi-governmental and nongovernmental organizations contracting

with construction managers and/or consultants using public funds or

on behalf of a political subdivision.
Okla. Stat. tit. 61, § 61-209 — OK Code / Title 61 / Section 61-209
Rulemaking
Status: in_force

The Director of the Office of Management and Enterprise Services

shall promulgate rules:

1. For state agencies to perform minor construction projects;

2. Specifying building codes pursuant to the Oklahoma Uniform

Building Code Commission Act for construction projects;

3. Permitting state agencies who have the expertise, upon

written application to the Office of Management and Enterprise

Services, to perform any part of the responsibilities of the Office

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 60

pursuant to the provisions of the Public Facilities Act for a

specific project;

4. Specifying procedures and guidelines for the implementation

of shared savings financing by state agencies;

5. Specifying energy conservation performance guidelines, for

conducting a life cycle cost analysis of alternative architectural

and engineering designs and alternative major items of energy-

consuming equipment to be retrofitted in existing state-owned or

leased structures and for developing energy performance indices to

evaluate the efficiency of energy utilization for completing designs

in the construction of state-financed and leased structures;

6. The time, manner, authentication, and form of making

requisitions to the Office;

7. The form and manner of submission for bids or proposals and

the manner of accepting and opening bids or proposals that may

include online bids pursuant to the Oklahoma Online Bidding Act;

8. The manner for a state agency to acquire services for

construction projects;

9. Conditions under which any of the rules herein authorized

may be waived;

10. The form of any document the Director requires;

11. Specifying provisions a state agency shall follow to adhere

to acquisition, contract, contract management and other provisions

of this title; and

12. Specifying the process a state agency shall follow to

establish the scope of work, schedule and cost estimate for all

publicly bid construction projects involving construction or

renovation of buildings.
Okla. Stat. tit. 61, § 61-323 — OK Code / Title 61 / Section 61-323
Leases - Exemptions
Status: in_force

A. The Director of the Office of Management and Enterprise

Services is hereby authorized to lease for a temporary period of

time the surface of any of the lands belonging to the state

described in Section 322 of this title, which are not needed or

required for the proper maintenance of the institutions or

departments in possession thereof.

B. Leases shall be for a period of time not exceeding five (5)

years and upon such other terms and conditions as the Director may

determine to be in the best interests of the state.

C. Leases shall provide for a termination of the lease upon

reasonable notice in writing whenever the needs of the state or the

institution in possession thereof requires the land.

D. The Director may also execute lease contracts for the lands

to any institution or agency or department, commission, or municipal

subdivision that requires the need of the land in conjunction with

cooperation or participation in any city or state project authorized

by law, if contracts or agreements will not interfere with or

restrict in any manner, the proper use of the lands by the state

institution in possession thereof.

E. The Commissioners of the Land Office, the Oklahoma Ordnance

Works Authority, the Midwestern Oklahoma Development Authority, the

Oklahoma Department of Transportation, the Oklahoma Turnpike

Authority and the Northeast Oklahoma Public Facilities Authority and

their lands shall be exempt from the application of this section.

F. Lands leased to private prison contractors pursuant to

Section 561 of Title 57 of the Oklahoma Statutes shall be exempt

from the application of this section.
Okla. Stat. tit. 61, § 61-13 — OK Code / Title 61 / Section 61-13
Definitions
Status: in_force

(a) For the purpose of this act the term "contractor" means an

individual, general partnership, limited partnership, joint venture,

association, corporation or a combination of any of the foregoing

who does or undertakes for compensation the construction of any

public works.

(b) The term "public works" for the purpose of this act means

the construction, alteration, repair, improvement, moving, wrecking

or demolition of any highway, road, railroad, earthwork, building or

other structure, project, development or improvement, whether it be

in whole or in part.
Okla. Stat. tit. 61, § 61-62.1 — OK Code / Title 61 / Section 61-62.1
Contracts to be in accordance with Public Building
Status: in_force

Construction and Planning Act.

Except as provided by Sections 61 and 62 of this title and in

addition to other statutory requirements, all construction manager,

consultant, and construction contracts shall be in accordance with

the provisions of the Public Building Construction and Planning Act.
Okla. Stat. tit. 61, § 61-204.1 — OK Code / Title 61 / Section 61-204.1
Expired
Status: in_force

NOTE: This section, from Laws 2009, c. 273, § 2, expired July 1,

2011. Laws 2009, c. 273, § 5 provides: "Sections 1 and 2 of this

act shall cease to have the force and effect of law on July 1,

2011."
Okla. Stat. tit. 61, § 61-102 — OK Code / Title 61 / Section 61-102
Definitions
Status: in_force

As used in the Public Competitive Bidding Act of 1974:

1. "Awarding public agency" means the public agency which

solicits and receives sealed bids on a particular public

construction contract;

2. "Bidding documents" means the bid notice, instruction to

bidders, plans and specifications, bidding form, bidding

instructions, general conditions, special conditions and all other

written instruments prepared by or on behalf of an awarding public

agency for use by prospective bidders on a public construction

contract;

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 22

3. "Chief administrative officer" means an individual

responsible for directing the administration of a public agency.

The term does not mean one or all of the individuals that make

policy for a public agency;

4. "Construction management trade contract or subcontract"

means any public construction contract exceeding Fifty Thousand

Dollars ($50,000.00) in amount that is awarded as a trade contract

in an agency construction management contract or awarded as a

subcontract in an at-risk construction management contract;

5. "Public agency" means the State of Oklahoma, and any county,

city, town, school district or other political subdivision of the

state, any public trust, any public entity specifically created by

the statutes of the State of Oklahoma or as a result of statutory

authorization therefor, and any department, agency, board, bureau,

commission, committee or authority of any of the foregoing public

entities;

6. "Public construction contract" or "contract" means any

contract, exceeding One Hundred Thousand Dollars ($100,000.00) in

amount, or any construction management trade contracts or

subcontracts exceeding Fifty Thousand Dollars ($50,000.00) in

amount, awarded by any public agency for the purpose of making any

public improvements or constructing any public building or making

repairs to or performing maintenance on the same except where the

improvements, construction of any building or repairs to the same

are improvements or buildings leased to a person or other legal

entity exclusively for private and not for public use and no public

tax revenues shall be expended on or for the contract unless the

public tax revenues used for the project are authorized by a

majority of the voters of the applicable public agency voting at an

election held for that purpose and the public tax revenues do not

exceed twenty-five percent (25%) of the total project cost. The

amount of public tax dollars committed to the project will not

exceed a fixed amount established by resolution of the governing

body prior to or concurrent with approval of the project;

7. "Public improvement" means any beneficial or valuable change

or addition, betterment, enhancement or amelioration of or upon any

real property, or interest therein, belonging to a public agency,

intended to enhance its value, beauty or utility or to adapt it to

new or further purposes. The term does not include the direct

purchase of materials, equipment or supplies by a public agency, or

any personal property, including property as defined in paragraphs 1

and 4 of subsection B of Section 430.1 of Title 62 of the Oklahoma

Statutes;

8. "Purchasing cooperative" means an association of public

entities working together to provide leverage in achieving best

value and/or the best terms in contracts awarded through a

competitive bidding process; and

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 23

9. "Retainage" means the difference between the amount earned

by the contractor on a public construction contract, with the work

being accepted by the public agency, and the amount paid on said

contract by the public agency.
Okla. Stat. tit. 61, § 61-215 — OK Code / Title 61 / Section 61-215
Short title - Public Construction Management Act for
Status: in_force

Political Subdivisions.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 64

Sections 8 through 10 of this act shall be known and may be

cited as the "Public Construction Management Act for Political

Subdivisions".
Okla. Stat. tit. 61, § 61-334 — OK Code / Title 61 / Section 61-334
Public buildings – Lactation room required
Status: in_force

A. As used in this section:

1. "Appropriate authority" means the head of a state agency or

other official authority responsible for the operation of a covered

public building;

2. "Covered public building" means a building owned or leased

by the state where state employees work; and

3. "Lactation room" means a hygienic place, other than a

bathroom, that:

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 90

a. is shielded from view,

b. is free from intrusion, and

c. contains a chair, a working surface and, if the public

building is otherwise supplied with electricity, an

electrical outlet.

B. The appropriate authority of a covered public building shall

ensure that the building contains a lactation room that is made

available for use by state employees to breast feed or express

breast milk.
Okla. Stat. tit. 61, § 61-117 — OK Code / Title 61 / Section 61-117
Award to other than lowest bidder
Status: in_force

If an award is made to other than the lowest bidder, the

awarding public agency shall accompany its action with a publicized

statement setting forth the reason for its action. Such statement

shall be placed on file, open to public inspection and be a matter

of public record.
Okla. Stat. tit. 61, § 61-211 — OK Code / Title 61 / Section 61-211
Selection of equipment on life cycle cost analysis basis
Status: in_force

When any state agency or department must replace or supplement

major items of energy-consuming equipment in existing state-owned or

leased structures or any self-contained unit of any structure with

other major items of energy-consuming equipment, the selection of

such items shall be made on the basis of a life cycle cost analysis

of alternatives in accordance with rules and regulations promulgated

by the Director of the Office of Management and Enterprise Services.
Okla. Stat. tit. 61, § 61-114 — OK Code / Title 61 / Section 61-114
Conflict of interest
Status: in_force

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 36

The chief administrative officer and members of the governing

body of the awarding public agency authorizing or awarding or

supervising the execution of a public construction contract, and

their relatives within the third degree of consanguinity or

affinity, are forbidden to be interested directly or indirectly

through stock ownership, partnership interest or otherwise in any

such contract. Contracts entered into in violation of this section

shall be void. Persons willfully violating this section shall be

guilty of a Class D3 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes and shall be subject to removal from

office.
Okla. Stat. tit. 61, § 61-115 — OK Code / Title 61 / Section 61-115
Collusion among bidders or material suppliers
Status: in_force

Any agreement or collusion among bidders, prospective bidders or

material suppliers in restraint of freedom of competition by

agreement to bid at a fixed price or to refrain from bidding, or

otherwise, shall render the bids of such bidders void. Persons

willfully violating this section shall be guilty of a Class D1

felony offense and shall be punished by imprisonment as provided for

in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes. Each bidder shall accompany the bid with a sworn

statement that the bidder has not been a party to any such

agreement. The form of the statement shall be substantially as

provided in Section 85.22 of Title 74 of the Oklahoma Statutes, but

modified in wording to refer to the appropriate public agency

requesting bids.
Okla. Stat. tit. 61, § 61-227 — OK Code / Title 61 / Section 61-227
Application of act - Void and unenforceable provisions,
Status: in_force

covenant, clauses or understandings.

A. 1. This act shall not apply to:

a. highway construction,

b. railroad construction, or

c. turnpike construction.

2. Except as the following may be a portion of a construction

contract as defined in Section 2 of this act, this act shall not

apply to:

a. roads,

b. bridges,

c. utilities,

d. traffic control,

e. drainage construction,

f. sanitary sewer construction, or

g. waterline construction.

3. This act shall not apply to any contract relating to a

single-, two-, three-, or four-family dwelling.

B. The following are against the public policy of this state

and are void and unenforceable:

1. A provision, covenant, clause or understanding in,

collateral to or affecting a construction contract that makes the

contract subject to the laws of another state or that requires any

litigation, arbitration or other dispute resolution proceeding

arising from the contract to be conducted in another state; and

2. A provision, covenant, clause or understanding in,

collateral to or affecting a construction contract that disallows or

alters the rights of any prime contractor, subcontractor, sub-

subcontractor, or material supplier to receive and enforce any and

all rights under this act.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 72
Okla. Stat. tit. 61, § 61-119.1 — OK Code / Title 61 / Section 61-119.1
Certain contract to be negotiated when no bid is
Status: in_force

received.

A. If no timely bid is received after bid notices have been

published on any proposed public construction contract which does

not exceed One Hundred Thousand Dollars ($100,000.00) or on any

proposed construction management trade contract or subcontract which

does not exceed Fifty Thousand Dollars ($50,000.00):

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 39

1. The governing body of a county, city, town or school

district may direct its employees or agents to negotiate the

contract with a prospective contractor; or

2. The state agency, as defined in Section 202 of this title,

shall request the Office of Management and Enterprise Services to

negotiate a contract on its behalf.

B. The amount of a public construction contract which may be

awarded by the governing body pursuant to this section shall not

exceed One Hundred Thousand Dollars ($100,000.00), nor shall the

amount of a construction management trade contract or subcontract

awarded by the governing body pursuant to this section exceed Fifty

Thousand Dollars ($50,000.00), and the work to be performed shall be

as specified in the initial bidding documents. The contract shall

be executed within six (6) months after the date initially set for

opening of bids. The contract and contract procedure shall conform

to all other applicable provisions of the Public Competitive Bidding

Act of 1974.
Okla. Stat. tit. 61, § 61-118 — OK Code / Title 61 / Section 61-118
Prequalification of bidders
Status: in_force

A. In order to determine the responsibility of bidders, the

awarding public agency may require prospective bidders, general

contractors, subcontractors and material suppliers to prequalify as

responsible bidders prior to submitting bids on a public

construction contract. Prequalification to bid or perform work

pursuant to this section does not constitute a license. Except as

provided in subsection B of this section, prequalification shall not

serve as a substitute for a license otherwise required by law.

Notice of any such prequalification requirement shall be made

equally and uniformly known by the awarding public agency to all

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 38

prospective bidders and the public in the same manner as proposals

to award public construction contracts as set forth in Section 104

of this title. Financial information including, but not limited to,

audited financial statements required by the awarding public agency

as part of prequalification shall remain confidential.

B. The Oklahoma Transportation Commission and the Oklahoma

Transportation Authority may establish a system for prequalifying

prospective bidders on construction and maintenance contracts to be

awarded by the Commission or Authority. The Commission and the

Authority shall be the sole judge of the qualifications of

prospective bidders and shall ascertain, to their exclusive

satisfaction, the qualifications of each prequalified bidder. Any

contractor or subcontractor prequalified as of the effective date of

this act performing signing, highway lighting, or traffic signal

installation or maintenance for the Oklahoma Department of

Transportation or the Oklahoma Transportation Authority shall be

allowed to continue to bid and perform such work without obtaining

any additional license from this state or any political subdivision

of this state. However, no contractor or subcontractor may

transfer, convey or assign this exemption to any other person or

entity.
Okla. Stat. tit. 61, § 61-103.5 — OK Code / Title 61 / Section 61-103.5
Right-of-way clearance by Transportation Commission and
Status: in_force

Authority – Competitive bidding not required.

For purposes of the provisions of the Public Competitive Bidding

Act of 1974, contracts not exceeding One Hundred Thousand Dollars

($100,000.00) entered into solely for right-of-way clearance by the

Transportation Commission and the Oklahoma Transportation Authority

for the exclusive purpose of demolition and removal of buildings,

foundations, slab floors, stem walls, steps, brush, shrubs,

brickbats or stone and all rubbish, scrap iron, fencing, and debris,

and the installation of new right-of-way fencing, shall not be

considered to be public construction contracts and shall not be

required to be open for competitive bidding.
Okla. Stat. tit. 61, § 61-83 — OK Code / Title 61 / Section 61-83
Prohibited terms in bid specifications for public
Status: in_force

improvement projects.

A public agency awarding any contract for the construction,

repair, remodeling, or demolition of a public improvement or

obligating funds pursuant to such a contract, shall ensure that

neither the awarding public agency nor any construction manager

acting on behalf of the public agency shall, in its bid

specifications, project agreements, or other controlling documents,

include:

1. A term that requires, prohibits, encourages, or discourages

bidders, contractors, or subcontractors from entering into or

adhering to agreements with a collective bargaining organization

relating to the construction project or other related construction

projects; and

2. A term that discriminates against bidders, contractors, or

subcontractors based on the status as a party or nonparty to, or the

willingness or refusal to enter into, an agreement with a collective

bargaining organization relating to the construction project or

other related construction projects.
Okla. Stat. tit. 61, § 61-220.1 — OK Code / Title 61 / Section 61-220.1
Design-build as project delivery method for public water
Status: in_force

supply, wastewater treatment facilities and wastewater collection

systems.

A. For purposes of this section, "design-build" means a project

delivery method in which one entity works under a single contract

with the project owner to provide design and construction services.

B. A conservancy district formed pursuant to Section 541 of

Title 82 of the Oklahoma Statutes, a municipality, a county, a

public trust, and any other political subdivision in this state that

operates a public water supply system or wastewater treatment or

collection system is authorized to utilize design-build as a project

delivery method for public water supply and wastewater treatment

facilities and wastewater collection systems.

C. No later than November 1, 2022, the Department of

Environmental Quality shall incorporate into its administrative

rules a flexible permitting process to allow the utilization by the

entities identified in subsection B of this section of the design-

build project delivery method for public water supply and wastewater

treatment facilities and wastewater collection systems.

D. In the interim between the effective date of this act and

promulgation of rules, the Department may authorize no more than

five pilot projects in which the entities identified in subsection B

of this section may utilize the design-build project delivery method

for public water supply and wastewater treatment facilities and

wastewater collection systems, and the Department may use the

results to promulgate rules.
Okla. Stat. tit. 61, § 61-138 — OK Code / Title 61 / Section 61-138
Noncollusion affidavit attached to bid submitted to school
Status: in_force

district, county or municipality.

Any competitive bid submitted pursuant to the Public Competitive

Bidding Act of 1974 to a school district, county or municipality for

furnishing of goods or services shall be accompanied by the sworn

noncollusion statement contained in Section 85.22 of this title,

modified in wording to refer to the school district, county or

municipality instead of the state.
Okla. Stat. tit. 61, § 61-86 — OK Code / Title 61 / Section 61-86
Applicability of act
Status: in_force

A. The requirements of the Fair and Open Competition in

Governmental Construction Act do not apply to public construction

contracts executed before November 1, 2012.

B. The Fair and Open Competition in Governmental Construction

Act does not:

1. Prohibit employers or other parties from entering into

agreements or engaging in any other activity protected by the

National Labor Relations Act, 29 U.S.C., Sections 151 to 169;

2. Interfere with labor relations of parties that are protected

under the National Labor Relations Act, 29 U.S.C., Sections 151 to

169; or

3. Prohibit a public agency from awarding a public contract,

grant, tax abatement, or tax credit to a private owner, bidder,

contractor, or subcontractor who enters into or who is party to an

agreement with a collective bargaining organization, if being or

becoming a party or adhering to an agreement with a collective

bargaining organization is not a condition for award of the public

contract, grant, tax abatement, or tax credit, and if the public

agency does not discriminate against a private owner, bidder,

contractor, or subcontractor in the awarding of that grant, tax

abatement, or tax credit based upon the status as being or becoming,

or the willingness or refusal to become, a party to an agreement

with a collective bargaining organization.
Okla. Stat. tit. 61, § 61-324 — OK Code / Title 61 / Section 61-324
Director to take charge, manage and lease Capitol Building
Status: in_force

Lands.

The Director of the Office of Management and Enterprise Services

is authorized and directed to take charge of, manage, and lease

"Capitol Building Lands", described as follows:

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 80

Lots 35, 36, 37, and 38 Northeast Highland Addition to Oklahoma

City, Oklahoma, known as Tract No. 44, being a part of Section 22 -

Twp. 12N - R - 3 West.

Lots 7, 8, 9, and 10, Block 1, Donley Heights, a subdivision of

Blocks 19 and 20, Barrows Second Addition to Oklahoma City,

Oklahoma. Lots 31 and 32, Block 4, of the subdivision of Lots 9 and

10, and 23 and 24 of Barrows First and Second Additions to Oklahoma

City, Oklahoma. Lots 11 and 12, Block 3, Northeast Highland

Addition, being a part of Blocks 25 and 26, Barrows Second Addition

to Oklahoma City, Oklahoma. All of the above lots in Barrows

Addition being known as Tract No. 41.

Also the following acreage tracts of land:

Five (5) acres, situated one and one-half (1 1/2) miles East and

one and one-half (1 1/2) miles North of the State Capitol Building,

facing on Eastern Avenue and laying directly South of Springlake

Park, and known as Tract No. 28. Also described as S 1/2 of SE 1/4

of NE 1/4 of SE 1/4 of Section 14, Township 12 North, Range 3 West.

Also other lots and tracts not listed or described above

constituting the small balance of "State Capitol Building Land" not

heretofore disposed of pursuant to the provision of Chapter 298,

Session Laws 1919.
Okla. Stat. tit. 61, § 61-330.1 — OK Code / Title 61 / Section 61-330.1
Recording fee for Office of Management and Enterprise
Status: in_force

Services.

All instruments vesting any right, title or interest in lands or

minerals and mineral rights, providing for the passage of title or

release of interest to or from the Office of Management and

Enterprise Services or any other state agency, whether as grantor or

grantee, and all instruments to adjust any defect or irregularity or

to remove any cloud on the title to lands or minerals or mineral

rights owned by the state, and all notices and orders issued by the

Office of Management and Enterprise Services and proofs of

publication thereof, shall be filed and recorded by the proper

officers of all counties of the State of Oklahoma at the request of

the Office of Management and Enterprise Services without any filing

or recording fee being charged.
Okla. Stat. tit. 61, § 61-216 — OK Code / Title 61 / Section 61-216
Definitions
Status: in_force

A. The Public Construction Management Act for Political

Subdivisions shall apply to political subdivisions of this state.

B. As used in the Public Construction Management Act for

Political Subdivisions:

1. "Agency construction management" means the construction

entity provides services to the owner without taking on financial

risks for the execution of the actual construction and/or time of

performance, and the owner contracts directly with those awarded

trade contracts for the work;

2. "At-risk construction management" means the construction

entity, after providing agency services during the preconstruction

period:

a. takes on the financial obligation to timely carry out

construction under a specified cost agreement, and

b. enters into written subcontracts for the work in

accordance with the Construction Management Procedures

for Political Subdivisions;

3. "Construction management" means a public construction

project delivery method based on an agreement whereby the owner

acquires from a construction entity a series of services that

include, but are not necessarily limited to, design review,

scheduling, cost control, value engineering, constructability

evaluation, preparation and coordination of bid packages and

construction administration. Construction management includes:

a. agency construction management, and

b. at-risk construction management; and

4. "Political subdivision" or "subdivision" means any local

governmental body formed pursuant to the laws of this state,

including, but not limited to, school districts, vocational

education districts, cities, counties, public trusts, public

authorities, commissions or other local governmental bodies

exercising their authority to contract for public construction

delivery services. The term also applies to quasi-governmental and

nongovernmental organizations delivering construction services using

public funds or on behalf of a political subdivision.
Okla. Stat. tit. 61, § 61-204 — OK Code / Title 61 / Section 61-204
Office of Management and Enterprise Services - Duties
Status: in_force

A. The Office of Management and Enterprise Services shall:

1. Review and approve all construction plans and specifications

to ensure compliance with good construction practices and space

standards, costs of project, proposed construction timetables, and

agency need for the project;

2. Inspect prior to acceptance and final payment all completed

projects for which the Office issued bid solicitations to ensure

compliance with the plans and specifications of the project;

3. Select and hire consultants and construction managers for

projects as determined or approved by the Office. The Office shall

select, award and execute contracts to consultants and construction

managers that provide services to state agencies subject to this

act;

4. Develop and issue solicitations for award of state agency

contracts for construction services. The Office shall have final

approval authority for contracts and contract documents. Neither

the Office nor any public entity shall, for performance of work that

requires that a contractor be licensed by this state, issue a

solicitation to, or make a contract with, a contractor not licensed

by this state;

5. Review inspections performed by consultants and construction

managers during construction, perform primary inspections when

consultants or construction managers are not used, and final

inspections after completion;

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 54

6. Establish standards and policies as required to standardize

facility assessment and benchmarking, facility operations and

maintenance, asset preservation, design and energy standards, space

utilization, material testing, indexes of efficiency, economy, and

effectiveness;

7. Monitor indices of facility condition, effectiveness of

operations and maintenance programs, deferred maintenance

prioritization, effectiveness of planning processes, budgeting for

capital needs, application of facility standards as established by

the Office, and performance outcomes of construction projects to

ensure maximum efficiency in the expenditure of state funds for

asset management and preservation of the state's capital real

property;

8. Coordinate, monitor and report on statewide energy

conservation programs delegated to the Office;

9. Provide property leasing and brokerage services delegated to

the Office;

10. Report fraud or waste in any construction project by

written notification with documentation for the report to the

Attorney General. The Attorney General shall take appropriate

action to protect the interest of the state; and

11. Prequalify as good and sufficient insurance carriers,

bonding companies and surety companies to meet provisions of

Sections 1 and 134 of this title. The Director shall promulgate

rules to establish criteria to determine whether a carrier or

company is good and sufficient. The prequalification requirement

and process shall not violate the provisions of Section 135 of this

title.

B. When a state agency employs a licensed architect or licensed

engineer as a full-time employee, said licensed employee may conduct

required facility planning, prepare project plans and specifications

and monitor construction work as prescribed by the Office. State

agencies authorized to employ licensed architects and engineers for

the purposes of this section include:

1. The Department of Transportation with respect to highways,

bridges and dams;

2. The Oklahoma State Regents for Higher Education and its

constituent institutions;

3. The Military Department of the State of Oklahoma;

4. The Oklahoma Tourism and Recreation Department; and

5. The Department of Human Services.
Okla. Stat. tit. 61, § 61-103.6 — OK Code / Title 61 / Section 61-103.6
Expired
Status: in_force

NOTE: This section, from Laws 2009, c. 273, § 1, expired July 1,

2011. Laws 2009, c. 273, § 5 provides: "Sections 1 and 2 of this

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 27

act shall cease to have the force and effect of law on July 1,

2011."
Okla. Stat. tit. 61, § 61-208.1 — OK Code / Title 61 / Section 61-208.1
Contracting for construction services - Fee
Status: in_force

The Office may collect a reasonable fee for the purpose of

providing or contracting for architectural, engineering, land

surveying, planning, real estate and related services to state

agencies and political subdivisions of the state, and from persons

requesting plans and notification of solicitations issued by the

Office. The Office may collect a reasonable fee for management

services. Annual fees to the Office shall be on a cost-recovery

basis and may be calculated as a percentage of annual construction

and real estate services in an amount necessary to support the

Office's operations. All fees collected in accordance with the

provisions of this section shall be deposited in the "State

Construction Revolving Fund" created in Section 208.2 of this title.
Okla. Stat. tit. 61, § 61-127 — OK Code / Title 61 / Section 61-127
Contracts made by a public entity - Applicability
Status: in_force

This act shall apply to contracts made by a public entity

operating pursuant to the Local Industrial Development Act or the

Local Development Act except where the public improvements,

buildings, or repairs are being made or constructed as a part of an

agreement to provide development financing assistance, and where the

cost of such public improvements does not exceed twenty-five percent

(25%) of the total amount of the estimated public and private

investment being made within the related increment district.
Okla. Stat. tit. 61, § 61-126 — OK Code / Title 61 / Section 61-126
Construction on force account basis
Status: in_force

Nothing in this act shall be construed to prevent a public

agency from doing public construction work on a force account basis.
Okla. Stat. tit. 61, § 61-309 — OK Code / Title 61 / Section 61-309
Oil, gas and mineral leases upon state lands - Drilling
Status: in_force

contracts - Notice - Disposition of royalties, bonuses or rentals.

A. The Office of Management and Enterprise Services is hereby

authorized and empowered to offer for sale and sell and execute and

deliver oil and gas or mineral leases upon the lands described in

Section 1 of Title 73 of the Oklahoma Statutes under the control of

said Office of Management and Enterprise Services. The Office of

Management and Enterprise Services is hereby authorized and

empowered to enter into contracts with persons or corporations for

the drilling of oil and gas wells on any such property owned by the

state. No such lease or drilling contract shall be entered into by

said Office of Management and Enterprise Services which provides for

the payment of a royalty to the State of Oklahoma of less than one-

eighth (1/8) of all of the oil, gas, or casinghead gas produced,

saved, and sold from said lands, plus cash bonus, of the royalty in

said leases. Such Office shall give notice of its intention to

offer for sale said lease or drilling contract by advertising said

fact for a period of at least twenty-one (21) days electronically on

an authorized state website and in a legal newspaper published and

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 74

of general circulation in the county where said lands are located.

The Office shall award such lease, leases, or drilling contracts to

the highest responsible bidder. All bidding shall be by sealed

written or electronic bids filed with said Office of Management and

Enterprise Services.

B. All royalties, bonuses, and rentals accruing to the state

from any contracts or leases executed pursuant to the provisions of

subsection A of this section and all other monies received from the

sale of any such leases, bonuses, and royalties or other contracts

made by said Office of Management and Enterprise Services shall be

credited to the Maintenance of State Buildings Revolving Fund of the

State of Oklahoma.
Okla. Stat. tit. 61, § 61-81 — OK Code / Title 61 / Section 61-81
Fair and Open Competition in Governmental Construction Act
Status: in_force

This act shall be known and may be cited as the “Fair and Open

Competition in Governmental Construction Act”. The purposes of this

act are to provide for the efficient procurement of goods and

services by governmental units; to promote the economical,

nondiscriminatory, and efficient administration and completion of

state and state-funded or state-assisted construction projects; to

provide for fair and open competition for construction contracts,

grants, tax abatements, and tax credits awarded by governmental

units; to prohibit requirements for certain terms in construction

contracts and construction contracts awarded by governmental units

and supported through grants and tax subsidies and abatements by

governmental units; to prohibit expenditure of public funds under

certain conditions; to prohibit certain terms in procurement

documents for certain expenditures by governmental units involving

public facilities; and to provide powers and duties for certain

public officers, employees, and contractors.
Okla. Stat. tit. 61, § 61-113.3 — OK Code / Title 61 / Section 61-113.3
Interest - Rate
Status: in_force

When interest is due the contractor, all awarding public

agencies, other than school districts, shall pay to the contractor

interest at the rate of one and one-half percent (1 1/2%) per month

of the final payment due the contractor. When interest is due to

the contractor, school districts shall pay to the contractor

interest at the rate of three fourths percent (3/4%) per month of

the final payment due the contractor. For lump sum contracts the

interest shall commence thirty (30) days after the work under the

contract has been completed and accepted and all required material

certifications and other documentation required by the contract have

been furnished the awarding public agency by the contractor, and

shall run until the date when the final payment or estimate is

tendered to the contractor.

For contracts bid by unit prices the interest shall commence

sixty (60) days after the above conditions are satisfied. When

contract quantities or the final payment amount is in dispute, the

interest-bearing period shall be suspended until the conclusion of

arbitration and settlement of the dispute.
Okla. Stat. tit. 61, § 61-104 — OK Code / Title 61 / Section 61-104
Bid notices
Status: in_force

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 28

All proposals to award public construction contracts shall be

made equally and uniformly known by the awarding public agency to

all prospective bidders and the public in the following manner:

1. Notice thereof shall be given electronically and by

publication in a newspaper of general circulation and published in

the county where the work, or the major part of it, is to be done,

such notice by publication to be published in two consecutive weekly

issues of the newspaper, with the first publication thereof to be at

least twenty-one (21) days prior to the date set for opening bids;

and

2. Notice thereof shall be sent to one in-state trade or

construction publication for their use and information whenever the

estimated cost of the public construction contract exceeds One

Hundred Thousand Dollars ($100,000.00) or the cost of the

construction management trade contract or subcontract exceeds Fifty

Thousand Dollars ($50,000.00); provided, however, this section shall

not be construed to require the publication of the notice in such

trade or construction publication or the requirement to provide the

notice to more than one in-state trade or construction publication

or to any out-of-state trade or construction publications.
Okla. Stat. tit. 61, § 61-124 — OK Code / Title 61 / Section 61-124
Inspections
Status: in_force

The awarding public agency shall make provision for the

inspection of projects prior to acceptance by the said agency and

shall approve claims for payment only after proper inspection has

been made as provided in the plans and specifications for said

project.