reglab/housing_qa huggingface dataset:
61 OK Stat § 61-113.2 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-113.2. Withdrawal of retainage - Deposit of securities.

|The contractor may, from time to time, withdraw any part, or the whole, of the amount which has been retained from partial payments 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 No retained amount shall be withdrawn which would represent an amount in excess of the market value of the securities at the time of deposit or of the par value of such securities, whichever is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.Added by Laws 1977, c. 74, § 3, eff. Oct. 1, 1977.
61 OK Stat § 61-113.3 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-113.3. Interest - Rate.

|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.Added by Laws 1977, c. 74, § 4, eff. Oct. 1, 1977. Amended by Laws 2006, c. 271, § 20, eff. July 1, 2006.
61 OK Stat § 61-114 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-114. Conflict of interest.

|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 felony and shall be subject to removal from office. |Added by Laws 1974, c. 298, § 14, operative Aug. 1, 1974. Amended by Laws 1997, c. 133, § 515, eff. July 1, 1999.NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 515 from July 1, 1998, to July 1, 1999.
61 OK Stat § 61-115 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-115. Collusion among bidders or material suppliers.

|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 felony. 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. |Added by Laws 1974, c. 298, § 15, operative Aug. 1, 1974. Amended by Laws 1980, c. 339, § 1, emerg. eff. June 25, 1980; Laws 1997, c. 133, § 516, eff. July 1, 1999; Laws 2002, c. 294, § 18, eff. Nov. 1, 2002; Laws 2008, c. 212, § 2, emerg. eff. May 19, 2008.NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 516 from July 1, 1998, to July 1, 1999.
61 OK Stat § 61-116 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-116. Disclosure of terms of bids - Public agency engineering 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 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 felony 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.Added by Laws 1974, c. 298, § 16, operative Aug. 1, 1974. Amended by Laws 1976, c. 79, § 1, emerg. eff. May 3, 1976; Laws 1992, c. 239, § 4, emerg. eff. May 19, 1992; Laws 1997, c. 133, § 517, eff. July 1, 1999; Laws 1999, c. 341, § 2, eff. Nov. 1, 1999; Laws 2000, c. 66, § 1, emerg. eff. April 14, 2000; Laws 2002, c. 294, § 19, eff. Nov. 1, 2002; Laws 2006, c. 271, § 21, eff. July 1, 2006.NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 517 from July 1, 1998, to July 1, 1999.
61 OK Stat § 61-117 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-117. Award to other than lowest bidder.

|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. |Added by Laws 1974, c. 298, § 17, operative Aug. 1, 1974.
61 OK Stat § 61-118 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-118. Prequalification of bidders.

|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 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.Added by Laws 1974, c. 298, § 18, operative Aug. 1, 1974. Amended by Laws 1992, c. 239, § 5, emerg. eff. May 19, 1992; Laws 1994, c. 203, § 2, eff. July 1, 1994; Laws 2000, c. 66, § 2, emerg. eff. April 14, 2000; Laws 2002, c. 294, § 20, eff. Nov. 1, 2002; Laws 2008, c. 212, § 3, emerg. eff. May 19, 2008.
61 OK Stat § 61-119 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-119. Rejection of bids.

|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. |Added by Laws 1974, c. 298, § 19, operative Aug. 1, 1974. Amended by Laws 2002, c. 294, § 21, eff. Nov. 1, 2002.
61 OK Stat § 61-119.1 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-119.1. Certain contract to be negotiated when no bid is 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): |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; or2. The state agency, as defined in Section 202 of this title, shall request the State Construction Administrator of the Construction and Properties Division 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.Added by Laws 1980, c. 339, § 3, emerg. eff. June 25, 1980. Amended by Laws 1992, c. 9, § 1, eff. July 1, 1992; Laws 2006, c. 271, § 22, eff. July 1, 2006; Laws 2021, c. 340, § 8, eff. Nov. 1, 2021.
61 OK Stat § 61-120 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-120. Assignment of contracts.

|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. |Added by Laws 1974, c. 298, § 20, operative Aug. 1, 1974.
61 OK Stat § 61-122 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-122. Taxpayer suits to enjoin execution of unlawful contracts.

|Any taxpayer of the State of Oklahoma, or any bona fide unsuccessful bidder on a particular public construction contract, 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. |Added by Laws 1974, c. 298, § 22, operative Aug. 1, 1974.
61 OK Stat § 61-123 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-123. Supervisor's certification to accompany invoices - 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.Added by Laws 1974, c. 298, § 23, operative Aug. 1, 1974. Amended by Laws 2006, c. 271, § 24, eff. July 1, 2006; Laws 2007, c. 263, § 1, eff. Nov. 1, 2007.
61 OK Stat § 61-124 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-124. Inspections.

|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. |Added by Laws 1974, c. 298, § 24, operative Aug. 1, 1974.
61 OK Stat § 61-125 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-125. Accounting procedure.

|The Director of the Office of Management and Enterprise Services shall prescribe the accounting procedure to be followed to pay costs 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. |Added by Laws 1974, c. 298, § 25, operative Aug. 1, 1974. Amended by Laws 2012, c. 304, § 316.
61 OK Stat § 61-126 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-126. Construction on force account basis.

|Nothing in this act shall be construed to prevent a public agency from doing public construction work on a force account basis. |Added by Laws 1974, c. 298, § 26, operative Aug. 1, 1974.
61 OK Stat § 61-127 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-127. Contracts made by a public entity - Applicability.

|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. |Added by Laws 1974, c. 298, § 27, operative Aug. 1, 1974. Amended by Laws 2006, c. 271, § 25, eff. July 1, 2006; Laws 2011, c. 361, § 3.
61 OK Stat § 61-128 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-128. Builder’s risk insurance.

|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. |Added by Laws 1974, c. 298, § 28, operative Aug. 1, 1974. Amended by Laws 2002, c. 294, § 23, eff. Nov. 1, 2002.
61 OK Stat § 61-129 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-129. Contracts exempt.

|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 1 and 2 of this act.Added by Laws 1974, c. 298, § 29, operative Aug. 1, 1974. Amended by Laws 2009, c. 454, § 5.
61 OK Stat § 61-131 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-131. Splitting of contracts - Punishment and fine.

|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 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. |Added by Laws 1974, c. 298, § 31, operative Aug. 1, 1974. Amended by Laws 1979, c. 28, § 2, emerg. eff. April 3, 1979; Laws 1998, c. 365, § 5, eff. July 1, 1998; Laws 2000, c. 363, § 13, emerg. eff. June 6, 2000; Laws 2006, c. 78, § 1, eff. Nov. 1, 2006; Laws 2006, c. 271, § 26, eff. July 1, 2006.
61 OK Stat § 61-133 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-133. Law governing.

|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. |Added by Laws 1974, c. 298, § 33, operative Aug. 1, 1974.
61 OK Stat § 61-134 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-134. Insurance or bond to be secured from carrier licensed in 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. |Added by Laws 1974, c. 298, § 34, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 11, emerg. eff. June 5, 1975.
61 OK Stat § 61-135 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-135. Public agencies or officers not to exert influence in 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.Added by Laws 1975, c. 266, § 12, emerg. eff. June 5, 1975.
61 OK Stat § 61-136 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-136. Conflicts with federal rules and regulations - Laws governing.

|In the event any provision of this act conflicts with or is inconsistent in any manner with the rules and regulations of any 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. |Added by Laws 1975, c. 266, § 13, emerg. eff. June 5, 1975.
61 OK Stat § 61-137 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-137. Termination of certain unperformed contracts.

|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. |Added by Laws 1992, c. 239, § 6, emerg. eff. May 19, 1992.