Okla. Stat. tit. 61, § 61-111 — OK Code / Title 61 / Section 61-111
Time for awarding of contract
Status: in_force

The awarding of a contract to the lowest responsible bidder or

bidders shall be made within thirty (30) days after the opening of

bids unless the governing body of the awarding public agency, by

formal recorded action and for good cause shown, provides for a

reasonable extension of that period, which extension period shall

not in any event exceed fifteen (15) days where only state or local

funds are involved, or not to exceed ninety (90) days on any award

of contract for the construction of a public improvement where funds

are utilized which are furnished by an agency of the United States

Government. Upon mutual written agreement between the lowest

responsible bidder or bidders and the awarding public agency, the

Division or awarding public agency may extend the contract award

period no more than one hundred twenty (120) days from the bid

opening date.
Okla. Stat. tit. 61, § 61-202.1 — OK Code / Title 61 / Section 61-202.1
Design-build and at-risk construction management project
Status: in_force

delivery methods - Authorization required - Exemptions.

A. The design-build and construction management project

delivery methods shall not be used without the written approval of

the Director of the Office of Management and Enterprise Services, or

the Director's designee, when those projects are constructed for a

state agency or by an act of the Legislature specifying design-build

or at-risk construction management for a project. In all instances

where the design-build project or at-risk construction management

delivery method is authorized, construction administration shall be

performed by the State Facilities Director, the SFD's designee or

designees, or otherwise by contract or contract provision approved

by the Director of the Office of Management and Enterprise Services

for construction administration by another party.

B. The use of design-build and construction management project

delivery methods shall not interfere or inhibit the opportunity for

subcontractors and trade contractors to openly and freely compete

for subcontracts or trade contracts pursuant to the Public

Competitive Bidding Act of 1974. The State Facilities Director, or

designee, or the construction manager shall make the subcontracting

and supply opportunities publicly known, as follows:

1. Whenever the estimated cost of the contract exceeds Fifty

Thousand Dollars ($50,000.00), public notice shall be given by

publication in a newspaper of general circulation and published in

the county where the work, or the major part of the work, is to be

done. Such notice by publication shall 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 the publication's use and information

whenever the estimated cost of the contract exceeds Fifty Thousand

Dollars ($50,000.00); provided, however, this section shall not be

construed to require the publication of such notice in such trade or

construction publication or to require the provision of such notice

to more than one in-state trade or construction publication or to

any out-of-state trade or construction publication.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 53

C. Bids shall be publicly opened at the time and place

designated in the public notice. A representative of the State

Facilities Director shall be present at the bid opening.

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

apply to projects by contract pursuant to an interagency agreement

under Section 581 of Title 74 of the Oklahoma Statutes or to

projects a state agency performs solely with the staff of the

agency.

E. The Office of Management and Enterprise Services shall,

pursuant to the Administrative Procedures Act, promulgate rules to

effect procedures, processes and design-build/construction

management fee guidelines necessary to the fulfillment of its

responsibilities under this section.
Okla. Stat. tit. 61, § 61-313 — OK Code / Title 61 / Section 61-313
Development for oil and gas purposes of certain state-
Status: reserved

owned lands in Oklahoma City authorized - Agreements.

The Office of Management and Enterprise Services is authorized

to provide for the development for oil and gas purposes of the

following described property:

All of the-state owned lands not now leased for oil and gas

mining purposes within a radius of five hundred (500) yards of a

point on the half-section line running north and south between the

northeast fourth and northwest fourth of Section twenty-seven (27),

Township Twelve (12) North, Range three (3) West of the Indian

Meridian, and the center of Twenty-second (22) Street in Oklahoma

City, Oklahoma, extended east from the right-of-way of the Atchison,

Topeka and Santa Fe Railway Company.

The development of such property shall be by means of a well, or

wells, located on adjacent state-owned lands. The Office of

Management and Enterprise Services is authorized to enter into an

agreement, or agreements, with the owner of the oil and gas lease,

or leases, on adjacent state-owned lands, consolidating said tract

with said adjacent state-owned lands or some part thereof for oil

and gas development, upon such terms and conditions, and for such

consideration as the Office of Management and Enterprise Services

may prescribe. There shall be reserved to the state a royalty of

not less than one fourth (1/4) of the oil and gas, or the proceeds

thereof, that may be produced from the property first described.

All development of the property first described for oil and gas

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 76

purposes shall be by means of a well, or wells, located on the

surface of said adjacent land but which may be directionally drilled

and bottomed on and underneath the property first described.
Okla. Stat. tit. 61, § 61-123 — OK Code / Title 61 / Section 61-123
Supervisor's certification to accompany invoices -
Status: in_force

Exception.

A. All statements or invoices submitted to the awarding public

agency for work performed shall contain a certification by the

supervising architect or engineer, or other supervisory official if

no supervisory architect or engineer is employed for the project,

that work for which payment is claimed has been performed and that

such work conforms to the plans and specifications for the project.

No such statement or invoice shall be paid by the awarding public

agency without such certification. The execution of a certificate,

as herein provided, shall not constitute a defense or in any other

manner affect any cause or causes of action which the awarding

public agency might otherwise have against the contractor for

nonperformance of a public construction contract.

B. If project progressive payments are based on the public

agency’s estimated quantities of materials provided and work

performed, certifications are not required. Payment of progressive

estimates shall not constitute a defense or in any manner affect any

cause or causes of action which the awarding public agency might

have against the contractor for failure to properly perform in

accordance with the project contract, plans, specifications, or

special provisions. Final estimates shall contain a sworn

certification signed by the contractor that the work performed and

the material provided conform to the requirements of the contract,

plans, specifications, and special provisions.
Okla. Stat. tit. 61, § 61-116 — OK Code / Title 61 / Section 61-116
Disclosure of terms of bids - Public agency engineering
Status: in_force

estimates.

A. Any disclosure by an employee of a public agency of the

terms of a bid submitted in response to a bid notice issued by a

public agency in advance of the time set for opening of all bids so

submitted shall be unlawful. It shall also be unlawful for any

person to solicit, possess or receive information which is to be

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 37

contained in a bid notice of a public agency, for use in preparing a

bid, in advance of the date on which said bid notice is to be made

equally and uniformly known to all prospective bidders and the

public, and it shall further be unlawful for any employee of a

public agency to withhold or impede the distribution of said

information after notice of the bid has been given, unless the

solicitation of bids has been withdrawn or the particular

information in question has been deleted or replaced through

alteration of the bid notice and said withdrawal or alteration has

been made equally and uniformly known. Any violation of this

subsection shall be a Class D1 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes and shall render the

proceedings void and require solicitation and award anew.

B. The estimate of the actual cost of the project made by the

public agency, construction manager or consultant for the agency

shall not be considered confidential and shall be available to the

public in accordance with the Oklahoma Open Records Act.