reglab/housing_qa huggingface dataset:
61 OK Stat § 61-81 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-81. Fair and Open Competition in Governmental Construction Act.

|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. |Added by Laws 2012, c. 145, § 1, eff. Nov. 1, 2012.
61 OK Stat § 61-82 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-82. Definitions.

|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; and2. "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.Added by Laws 2012, c. 145, § 2, eff. Nov. 1, 2012.
61 OK Stat § 61-83 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-83. Prohibited terms in bid specifications for public 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; and2. 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.Added by Laws 2012, c. 145, § 3, eff. Nov. 1, 2012.
61 OK Stat § 61-84 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-84. Prohibited contract terms prevent the award of applicable 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 3 of the Fair and Open Competition in Governmental Construction Act 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. |Added by Laws 2012, c. 145, § 4, eff. Nov. 1, 2012.
61 OK Stat § 61-85 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-85. Prohibited terms in bid specifications for public 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 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. |Added by Laws 2012, c. 145, § 5, eff. Nov. 1, 2012.
61 OK Stat § 61-86 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-86. Applicability of act.

|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; or3. 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.Added by Laws 2012, c. 145, § 6, eff. Nov. 1, 2012.
61 OK Stat § 61-101 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-101. Short title.

|This act shall be known and may be cited as the "Public Competitive Bidding Act of 1974". |Added by Laws 1974, c. 298, § 1, operative Aug. 1, 1974.
61 OK Stat § 61-103 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103. See the following versions:

|OS 61-103v1 (HB 1789, Laws 2021, c. 244, § 1). |OS 61-103v2 (HB 2862, Laws 2021, c. 340, § 2).
61 OK Stat § 61-103.2 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103.2. Political subdivision may appoint purchasing agent.

|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. |Added by Laws 1981, c. 243, § 2, emerg. eff. June 23, 1981.
61 OK Stat § 61-103.4 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103.4. School districts – Erection of building or making improvements on force account basis – Emergency asbestos abatement - Exemptions.

|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. Contracts between a state agency and a school district for the purpose of emergency asbestos abatement shall be exempt from the provisions of the Public Competitive Bidding Act of 1974. |Added by Laws 1999, c. 86, § 2, eff. July 1, 1999.
61 OK Stat § 61-103.5 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103.5. Right-of-way clearance by Transportation Commission and 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. |Added by Laws 1999, c. 341, § 1, eff. Nov. 1, 1999. Amended by Laws 2021, c. 340, § 3, eff. Nov. 1, 2021NOTE: Editorially renumbered from § 103.4 of this title to avoid a duplication in numbering.
61 OK Stat § 61-103.6 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103.6. Expired.

|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 act shall cease to have the force and effect of law on July 1, 2011." |
61 OK Stat § 61-103.7 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103.7. Contracts related to fish and wildlife conservation.

|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 of Fifty Thousand Dollars ($50,000.00) or less the Department may administer the competitive bidding process and let and award the contract itself rather than the Construction and Properties Division of the Office of Management and Enterprise Services. |Added by Laws 2014, c. 288, § 1, eff. Nov. 1, 2014. Amended by Laws 2021, c. 340, § 4, eff. Nov. 1, 2021.
61 OK Stat § 61-103.8 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-103.8. State agencies to identify headquarters location of contracting companies – Provide reasons for choosing companies not headquartered in Oklahoma.

|When a state agency accepts any 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 work the state awards that is not strictly awarded by the lowest price and that 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. |Added by Laws 2019, c. 472, § 3, eff. July 1, 2019.
61 OK Stat § 61-104 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-104. Bid notices.

|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 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; and2. 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.Added by Laws 1974, c. 298, § 4, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 3, emerg. eff. June 5, 1975; Laws 2002, c. 294, § 14, eff. Nov. 1, 2002; Laws 2012, c. 40, § 1, emerg. eff. April 13, 2012; Laws 2017, c. 40, § 1, eff. Nov. 1, 2017; Laws 2021, c. 340, § 5, eff. Nov. 1, 2021.
61 OK Stat § 61-105 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-105. Contents of bid notices.

|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 on file in the main office of the awarding public agency; and2. 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; and3. The date, time and place of opening of the sealed bids; and4. The name and office location and address of the office of the awarding public agency to whom the sealed bids should be submitted; and5. Any additional information regarding such proposed contract deemed by the awarding public agency to be of beneficial interest to prospective bidders or the public.Added by Laws 1974, c. 298, § 5, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 4, emerg. eff. June 5, 1975.
61 OK Stat § 61-106 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-106. Bidding documents to be on file.

|At least one complete set of bidding documents regarding a proposed public construction contract shall be on file in the main office of the awarding public agency at least twenty (20) days prior to the date set for opening bids. The officer, agent or employee of the awarding public agency designated in the bid notice shall have a sufficient number of complete sets of said bidding documents and shall provide a complete set of same to any prospective bidder, upon request; provided, however, that the awarding public agency may require a reasonable deposit for each such set; provided, that such deposit shall not exceed the actual cost of duplicating or printing. The public agency may retain all or part of said deposit if so stated in the notice for bids. |Added by Laws 1974, c. 298, § 6, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 5, emerg. eff. June 5, 1975.
61 OK Stat § 61-107 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-107. Check, bond or irrevocable letter of credit to accompany 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; or2. An irrevocable letter of credit containing terms the Construction and Properties Division of 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 Division.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 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.Added by Laws 1974, c. 298, § 7, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 6, emerg. eff. June 5, 1975; Laws 1986, c. 110, § 2, emerg. eff. April 9, 1986; Laws 1992, c. 239, § 2, emerg. eff. May 19, 1992; Laws 1993, c. 293, § 1, emerg. eff. June 3, 1993; Laws 1995, c. 156, § 1, eff. July 1, 1995; Laws 1998, c. 365, § 3, eff. July 1, 1998; Laws 2000, c. 363, § 9, emerg. eff. June 6, 2000; Laws 2002, c. 294, § 15, eff. Nov. 1, 2002; Laws 2006, c. 271, § 16, eff. July 1, 2006; Laws 2012, c. 304, § 313; Laws 2021, c. 340, § 6, eff. Nov. 1, 2021.
61 OK Stat § 61-108 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-108. Written statement under oath to accompany bid.

|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; and3. 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.Added by Laws 1974, c. 298, § 8, operative Aug. 1, 1974. Amended by Laws 2008, c. 212, § 1, emerg. eff. May 19, 2008.
61 OK Stat § 61-109 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-109. Late bids.

|Any bid received by the awarding public agency or an officer or employee thereof, more than ninety-six (96) hours excluding Saturdays, Sundays and holidays before the time set for the opening of bids, or any bid so received after the time set for opening of bids, shall not be considered by the awarding public agency and shall be returned unopened to the bidder submitting same. |Added by Laws 1974, c. 298, § 9, operative Aug. 1, 1974.
61 OK Stat § 61-110 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-110. Opening of bids.

|A. Except as provided by subsection B of this section, all bids shall be sealed and opened only at the time and place mentioned in the bidding documents, and read aloud in the presence of an administrative officer of the awarding public agency. Such bid opening shall be open to the public and to all bidders. |B. The Oklahoma Department of Transportation and the Oklahoma Turnpike Authority shall be exempt from the requirements provided in subsection A of this section, if the agency electronically publishes the bids on the website of the agency.Added by Laws 1974, c. 298, § 10, operative Aug. 1, 1974. Amended by Laws 2002, c. 294, § 16, eff. Nov. 1, 2002; Laws 2018, c. 219, § 1, emerg. eff. May 7, 2018.
61 OK Stat § 61-111 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-111. Time for awarding of contract.

|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. |Added by Laws 1974, c. 298, § 11, operative Aug. 1, 1974. Amended by Laws 2006, c. 271, § 17, eff. July 1, 2006; Laws 2015, c. 198, § 1, eff. Nov. 1, 2015.
61 OK Stat § 61-112 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-112. Bids, contracts, bonds open for public inspection.

|All bids, both successful and unsuccessful, and all contracts and required bonds shall be placed on file and maintained in the main office of 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, shall be open to public inspection and shall be matters of public record. |Added by Laws 1974, c. 298, § 12, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 7, emerg. eff. June 5, 1975.
61 OK Stat § 61-113.1 (2021)
2021 Oklahoma Statutes|Title 61. Public Buildings and Public Works|§61-113.1. Partial payment - Retainage.

|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. |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.Added by Laws 1977, c. 74, § 2, eff. Oct. 1, 1977. Amended by Laws 1983, c. 67, § 1, emerg. eff. April 29, 1983; Laws 1995, c. 200, § 2, emerg. eff. May 19, 1995; Laws 1997, c. 278, § 4, emerg. eff. May 27, 1997; Laws 2006, c. 271, § 19, eff. July 1, 2006; Laws 2011, c. 99, § 1, eff. Nov. 1, 2011.