reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Consultant"
means
an individual or
				  legal entity possessing the qualifications to provide licensed architectural,
				  registered engineering, or registered land surveying services or possessing
				  specialized credentials and qualifications as may be needed to plan or design
				  for any construction or public work improvement project.
[61 O.S.,
				  §202]
"Department"
means the Construction, Planning
				  and Real Estate Department of the Office of Management and Enterprise Services,
				  State of Oklahoma.
"Energy audit"
means to review facilities and
				  systems, to identify existing operating and utility costs, to specify areas of
				  potential savings, and to quantify those savings.
"Energy service company"
means the company
				  responsible for the installation of energy conservation measures and the
				  guarantee of energy savings.
"Energy service contract"
means a contract
				  signed by a state agency and an energy service company which conforms to the
				  provisions of this chapter.
"ESC"
means energy service company.
"Equipment portion"
means the portion of the
				  energy service contract which deals with the purchase of equipment and its
				  installation.
"Guaranteed savings"
means the amount of money
				  per year guaranteed by the ESC that shall be saved by the state agency on
				  present utility costs.
"Service portion"
means the portion of the
				  energy service contract which deals with guaranteed savings, period of
				  guaranteed savings, training, and bonds.
"State agency"
means all agencies, boards,
				  commissions, offices, institutions, and other governmental bodies as defined in
				  61 O.S., Section 61.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-3 - Description of the program

Current through Vol. 41, No. 20, July 1, 2024
Guaranteed savings program is a program whereby the agency
				  selects and contracts with an energy service company to reduce its energy
				  costs. The goal of this contract is energy cost savings through acquisition of
				  energy efficient equipment, services and methods. The ESC guarantees the amount
				  of savings from the program over a specified period of time. Since the contract
				  is paid from the energy savings realized, the agency does not need to have the
				  large amount of capital which would be otherwise necessary to purchase such
				  services and equipment.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-4 - Request for energy services

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				agency which believes that it could benefit from participation from an energy
				service contract should contact the Department. The Department shall meet with
				representatives of the Agency to determine if an energy service contract would
				be beneficial.
(b) Criteria used to
				determine possible benefit of an energy service contract may include but not be
				limited to the following:
(1) Urgency of
				equipment replacement (i.e., the time frame until the equipment fails and is no
				longer repairable).
(2) Repair vs.
				replacement utility (i.e., the amount necessary to carry-on necessary repairs
				as opposed to the cost of replacing of the equipment).
(3) Prioritization of available capital
				(i.e., of the available capital in an agency, the demands of that capital
				relative to the need of the equipment).
(4) Projected use and life expectancy of the
				equipment or its replacement.
(5)
				Results of an energy audit of the facility in question which indicates
				potential energy savings.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-5 - Bid documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Bid documents
				shall be made available to all prospective ESC's. The Department may require a
				deposit for the documentation. [OAC
				260:65-1-4(b)
				]
(b) Bid documents may include,
				but shall not be limited to the following:
(1) Information regarding applicable
				administrative rules, including the rules of this chapter. Refer to OAC
				260:65-1-4 and
				5.
(2) Scope of the work to be
				performed.
(3) Energy audit, if
				performed by a state agency or consultant.
(4) Requirements for an energy audit if
				performed by the ESC. [OAC
				260:65-15-6(a)
				]
(5) Energy usage by the agency at
				the facility in question.
(A) All utility
				bills and records for a relevant period;
(B) Current demand charges;
(C) Other energy usage information.
(6) Minimum environmental
				requirements of the agency (e.g., ambient air temperature, lighting levels,
				etc.)
(7) Building and site plans
				needed to both assess equipment installation and energy efficiency.
(8) Proposed evaluation criteria developed by
				the agency in cooperation with the Department.
(9) Sample of all contract
				documents.
(10) Any other
				information deemed necessary by the Department so that ESC's may prepare an
				accurate submittal on the project.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-6 - Energy audit

Current through Vol. 41, No. 20, July 1, 2024
(a) An energy audit
				shall be conducted for each project for which an energy service contract is
				sought. An energy audit is used to gain more in-depth knowledge of the agency's
				facility and its energy usage. The requirements for an energy audit are
				outlined in the bid documents.
(b)
				The energy audit may be conducted by one or more of the following as determined
				by the agency with approval of the Department:
(1) A state agency with the technical
				expertise to conduct the audit. This could include the Department of the Office
				of Management and Enterprise Services.
(2) A contracted consultant selected
				consistent with Title 61 of the Oklahoma Statutes and the provisions of
				Subchapter 3 of this Chapter with the technical expertise to perform the energy
				audit.
(3) One or more ESC's
				consistent with the provisions of this section.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-8 - Bid review and evaluation

Current through Vol. 41, No. 20, July 1, 2024
(a) When all of
				the bid submittals have been opened, they are forwarded for review and
				evaluation by the agency, the Department or consultant if applicable.
(b) A selection committee shall be formed
				composed of members of the agency and the Department to review and evaluate the
				bids submitted. After the review and evaluation of the bids by the review
				committee, the best submission shall be selected for the award of the energy
				service contract.
(c) Criteria used
				to select the ESC to perform the energy service contract may include but shall
				not be limited to the following:
(1)
				Cost
(2) Amount of guaranteed
				savings offered by the ESC
(3)
				Proposed list of equipment to be installed
(4) Length, flexibility, options and extent
				of the maintenance contract
(5)
				Experience and qualifications of the ESC in performance of similar types of
				projects as described in the bid documentation.
(6) Quality and depth of the energy audit if
				performed by the ESC
(7)
				Installation schedule of the equipment
(8) Quality and extent of the training
				program offered by the ESC
(9)
				Relative fiscal capacity and stability of the ESC
(10) Duration of the entire contract
				including both equipment and service portions.
(11) Methodology of savings
				calculations
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-9 - Energy service contract

Current through Vol. 41, No. 20, July 1, 2024
The energy service contract shall consist of, but not be
				  limited to the following:
(1) The
				duration of the equipment portion of the contract shall be equal to or less
				than the term of the lease purchase agreement.
(2) Service portion of the contract:
(A) The ESC shall guarantee savings for at
				least each year of the lease-purchase agreement, but may guarantee savings
				beyond the completion of the lease purchase agreement.
(B) The ESC shall provide sufficient training
				to maintenance, custodial, and other such personnel as have need to know
				regarding the proper use and maintenance for the efficient operation of
				equipment contained in the equipment portion of the contract.
(C) ESC shall be responsible for maintaining
				the equipment for the duration of the lease-purchase agreement but may provide
				maintenance for a greater duration as may be defined in the energy service
				contract if the State does not elect to otherwise contract for maintenance
				services. [61 O.S. Section
				210(A)(5)
				]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-10 - Payment of contract

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Lease-purchase agreements shall be competitively bid through the Purchasing
				Department of the Office of Management and Enterprise Services unless
				determined by the Executive and Legislative Bond Oversight Commissions to be
				more cost effective if financed through negotiated sales.
(1) If the sale is to be executed on a
				negotiated basis, such financing shall be subject to the provisions of the
				Oklahoma Bond Oversight and Reform Act, 62 O.S. 1991, §695.1 et
				seq.
(2) If the sale is to be
				competitively bid, such financing shall be processed through the Purchasing
				Department of the Office of Management and Enterprise Services. [74 O.S.
				Supplement 1993, Section 85.4(G.2)]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-11 - Guaranteed savings

Current through Vol. 41, No. 20, July 1, 2024
(a) All identified
				savings must be fully reimbursable.
(b) ESC shall reimburse the agency for any
				shortfall below the yearly guaranteed amount contained in the
				contract.
(c) Excess savings
				realized above the amount guaranteed by the ESC within a single year shall not
				be used to cover deficiencies in savings from other years.
(d) Should there be three consecutive months
				of short-fall on the amount guaranteed, the ESC shall investigate and report
				the cause to the agency.
(e)
				Guaranteed savings identified by the ESC shall include only energy savings that
				can be quantified and documented. Savings identified shall not include savings
				realized from changes in operational efficiency, cost avoidance, or adjustments
				in environmental levels below the minimum established by the agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-13 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or requirement
				  of this Subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter provides information pertaining to procedures
				  and requirements for individuals or business entities that provide construction
				  management services on state construction projects that utilize the
				  construction management delivery system for construction. These procedures
				  implement the provisions of 61 O.S., Sections 201 through 211 titled "Public
				  Building Construction and Planning Act."
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-3 - Qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
An individual or business entity that desires to provide
				or provides construction management services to the state must meet minimum
				qualifications established in this Section.
(b)
Construction management
				certification.
An individual or business entity that desires to provide
				construction management services to the state shall possess certification that
				demonstrates the individual's or business entity's capability to provide the
				services.
(c)
Certification
				sources.
An educational program that provides certification of an
				individual as capable to provide construction management services shall include
				industry recognized standards for knowledge of construction, construction
				management and project management. An individual certified by one of the
				following sources may qualify to provide construction management services to
				the state.
(1)
Certified Construction
				Manager.
An individual certified by the Construction Management
				Association of America as a certified construction manager.
(2)
Certified Professional
				Constructor.
An individual certified by the American Institute of
				Constructors as a Certified Professional Constructor.
(3)
Certified Construction Contract
				Administrator.
An individual certified by the Construction
				Specifications Institute as a Certified Construction Contract
				Administrator.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-4 - Construction Management registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
An individual that possesses the qualifications
				established in 65-17-3 shall register with the Department to provide
				construction management services.
(b)
Registration Application.
An
				individual or business entity must submit registration application forms
				prescribed by the Director to the Department to request consideration for
				registration as a construction management firm. Registration application forms
				are available upon request to the Department.
(c)
Review and notification.
The
				Director shall review the registration application and:
(1)
Accept the registration.
If
				the review determines that the applicant is qualified and the application is
				complete and accurate, the Director shall send written notification of the
				acceptance to the individual or business entity; or,
(2)
Grant conditional
				registration.
The Director may consider other certification sources and
				grant to the applicant a one-year probationary approval of the registration
				application. Renewal for subsequent years shall not be approved unless the
				applicant submits proof of certification issued by one of the certification
				sources listed in
				260:65-17-3(C).
(3)
Reject the registration.
If
				the review determines that the applicant is not qualified or the application is
				incomplete or inaccurate, the Director shall send written notification of the
				rejection to the individual or business entity. The Director shall specify
				reasons for rejection in the notice; or,
(4)
Incomplete registration.
If
				the review determines the application is incomplete, the Director may advise
				the individual or business entity to submit additional information to the
				Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-5 - Project designation consideration

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Director shall consider factors in this section to
				determine whether a state construction project merits consideration for use of
				the construction management delivery system.
(b)
Consideration factors.
Each
				factor of this subsection must be considered prior to requesting or designating
				a project for construction management. [61 O.S., §202.1]
(1) The project benefits the public. When
				considering designation, it shall be clearly evident that Construction
				Management will provide a public benefit, which may include:
(A) early completion of work, allowing for
				beneficial public occupancy;
(B)
				accommodating construction progress with phased funding;
(C) enabling the project to be placed under
				contract prior to losing expiring funding source; or,
(D) other demonstrated public
				benefit.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-6 - Project designation

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
After consideration of factors in
				260:65-17-5, the Director may
				designate the project delivery method as construction management.
(b)
Construction management
				type.
The Director shall determine the construction management type as:
(1) Construction Management/Agency (CMA) (See
				260:65-17-2) ; or
(2) Construction Management/At-Risk (CMAR)
				(See 260:65-17-2)
				.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-7 - Project requisition

Current through Vol. 41, No. 20, July 1, 2024
(a)
State
				agency requisition preparation.
Upon receipt of the notice of project
				designation as construction management from the Department, the state agency
				shall complete a requisition form which must state on the form that the project
				delivery method is construction management and indicate the construction
				management type.
(b)
State
				agency requisition submission.
The state agency shall submit the
				requisition form to the Director.
(c)
Review.
The Director shall
				review the requisition form to ensure the form contains the required
				information.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-8 - Selection procedures for construction management services

Current through Vol. 41, No. 20, July 1, 2024
Selection of construction management firms shall be in
				  accordance with Subchapter 21 of this Chapter and the procedures maintained by
				  the Department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 17 - Construction Management Procedures and Requirements › Section 260:65-17-10 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or requirement
				  of this Subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter provides information pertaining to
				  procedures and requirements for individuals or business entities that provide
				  design-build services on state construction projects that utilize the
				  design-build delivery system for construction. These procedures implement the
				  provisions of 61 O.S., Sections 201 through 213 titled "Public Facilities
				  Act."
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-3 - Design-build qualifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
An individual or business entity that desires to provide
				design-build services to the state shall possess the construction experience
				that demonstrates the individual's or business entity's capability to provide
				the service.
(b)
Design-builder Prequalification.
The builder of the design-build
				team shall be authorized to do business in the state and shall be registered
				with the Department as a design-builder.
(c)
Architect of Record.
The
				Architect-of Record of the design build team, for a specific project, shall be
				licensed and authorized to do business in the state.
(d)
Certification Sources.
An
				education program that provides certification of an individual as capable to
				provide design-build services shall include industry-recognized standards of
				knowledge or construction, design-build and project management. An individual
				certified by one of the following sources may qualify to provide design-build
				services to the state:
(1)
Designated
				Design-build Professional.
An individual with experience as a
				design-builder.
(2)
Other
				professional certification.
If an individual presents professional
				certification from other than a professional entity this this subsection
				specifies, the Director shall determine whether the individual may provide
				design-building services to the state.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-4 - Registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
An individual that desires to provide design-build
				services to the state shall prequalify with the Department pursuant to Section
				260:65-1-8.
(b)
Registration Application.
An
				individual or business entity must submit registration application forms
				prescribed by the Director to the Department to request consideration for
				registration as a design-build firm. Registration application forms are
				available on the Department website.
(c)
Notification.
The Director
				shall review the registration application and:
(1)
Accept the registration.
If
				the review determines that the applicant is qualified and the application is
				complete and accurate, the Director shall send written notification of the
				acceptance to the individual or business entity.
(2)
Reject the registration.
If
				the review determines that the applicant is not qualified or the application is
				incomplete or inaccurate, the Director shall send written notification of the
				rejection to the individual or business entity. The Director may specify
				reasons for rejection in the notice.
(3)
Incomplete registration.
If
				the review determines the application is incomplete, the Director may advise
				the individual or business entity to submit additional information to the
				Director.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-5 - Project designation consideration

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Director shall consider factors in this section to
				determine whether a state construction project merits consideration for use of
				the design-build delivery system.
(b)
Consideration factors.
Each
				factor of this subsection must be considered prior to requesting or designating
				a project for use of the design-build delivery system (61 O.S. Section 202-1).
(1)
The project benefits the
				public.
When considering designation, it shall be clearly evident that
				design-build will provide a public benefit, which may include:
(A) Single source of complete
				accountability;
(B) Cost
				reductions;
(C) Higher
				quality;
(D) Emphasis on
				collaboration and innovation; or
(E) Other demonstrated public
				benefit.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-6 - Project designation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Project
				designation.
The Director shall apply the applicable project delivery
				method to the project as follows:
(1)
Director signs designation form.
If the Director approves the
				request, the Department shall acquire construction services pursuant to
				provisions of this subchapter.
(2)
Director does not sign designation form.
If the Director does not
				sign the designation form, the Department shall acquire design consultant and
				construction services pursuant to provisions of subchapters 1 and 3 of this
				chapter.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-7 - Project requisition

Current through Vol. 41, No. 20, July 1, 2024
(a)
State
				agency requisition preparation.
Upon receipt from the Director of the
				notice of project designation as design-build, the state agency shall complete
				a requisition form which must state that the project delivery method is
				design-build on the form.
(b)
State agency requisition submission.
The state agency shall submit
				the requisition form to the Director.
(c)
Director review.
The
				Director shall review the requisition form to ensure the form contains the
				required information.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-8 - Selection Procedure for design consultant for design-build

Current through Vol. 41, No. 20, July 1, 2024
(a) The state
				agency shall select a design consultant pursuant to provisions of Subchapter 3
				of this Chapter.
(b) The state
				agency shall develop, with the assistance of the design consultant, a
				comprehensive scope of work statement and design criteria package that defines
				the project. This package will be issued to competing design-build teams,
				enabling the design-builders to submit proposals that meet the state agency's
				needs.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-9 - Selection Procedures for design-build

Current through Vol. 41, No. 20, July 1, 2024
Selection of design-build firms shall be in accordance with
				  Subchapter 21 of this Chapter, the specific design-build procedures outlined
				  below, and the procedures maintained by the Department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-10 - Requests for proposals and contracts

Current through Vol. 41, No. 20, July 1, 2024
(a) Following the
				qualifications-based ranking of firms to perform design-build in accordance
				with 260:65-21, the state agency shall solicit competitive Request for
				Proposals (RFP) from three (3) to five (5) most highly qualified
				firms.
(b) The Request for
				Proposals (RFP) shall contain, at a minimum, the following elements:
(1) The procedures to be followed for
				submitting proposals and the procedures for making the selection decision,
				including a reference to the requirements of this Chapter and the regulations
				of the state agency.
(2) A copy of
				the proposed design-build contract including other relevant contracting
				documents.
(3) The evaluation
				factors and their relative weights.
(4) The statement of work/design criteria
				package.
(5) Provision for the
				design-builder to offer comments, enhancements or other appropriate value
				engineering recommendations provided by the state agency in the RFP.
(6) A stipend is required to be paid to each
				design-build firm to develop design drawings as part of the submission. The RFP
				must describe the drawings, specifications, or other submittals to be provided
				with the proposal, with guidance as to the form and level of completeness of
				the drawings, specifications or submittals that will be acceptable.
(A) The stipend should be sufficient to cover
				the cost to develop drawings, specifications or other technical narratives in
				response to the RFP.
(B) The RFP
				should state that in return for the stipend, the State will retain ownership of
				the plans submitted by the competing design-build teams.
(7) A schedule for commencement and
				completion of the design-build contract.
(8) Budget limits for the design-build
				contract.
(9) Requirements for
				design-builders to have bonds and insurance.
(10) Any other information that the state
				agency in its discretion chooses to supply, including without limitation,
				surveys, drawings or models of existing structures, environmental studies,
				photographs, or references to public records.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-11 - Evaluation factors

Current through Vol. 41, No. 20, July 1, 2024
(a) The state
				agency, in consultation with the design consultant, shall determine the scope
				and level of detail required for the evaluation factors and shall submit the
				factors to the Department for approval. The evaluation factors should be
				detailed enough to permit qualified design-builders to submit proposals in
				accordance with the solicitation, without having to perform additional design
				services to meet the requirements of the RFP.
(b) The design consultant who consults in the
				development of the evaluation factors shall be disqualified from submitting a
				proposal to enter into the design-build contract, and the design-builder shall
				not be permitted to delegate services under the design-build contract to the
				design professional who developed the evaluation factors.
(c) The design consultant who develops the
				evaluation factors shall be either a full time employee of the state agency or
				shall be engaged in compliance with Title 61 of Oklahoma Statutes, and to the
				extent allowed by law may delegate the development of specific aspects of the
				design criteria to other consultants.
(d) Evaluation factors shall include:
(1) Program compliance narrative;
(2) Proposed energy performance
				narrative;
(3) Proposed quality of
				building systems and materials;
(4)
				Proposed site design narrative;
(5)
				Proposed subcontractors/trade partners and any teaming agreements, including
				any modifications to the RFQ team;
(6) Proposed contract duration and milestone
				schedule;
(7) Proposed
				costs;
(8) Proposed technical
				approach including design submittals; and
(9) Any other factors relevant to
				project.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-12 - Proposals

Current through Vol. 41, No. 20, July 1, 2024
(a) Proposals shall
				be sealed and shall not be opened until expiration of the time established for
				making proposals as set forth in the RFP.
(b) Upon expiration of the time established
				for making proposals as set forth in the RFP, all proposals received shall be
				submitted to and evaluated by the Technical Review Committee in conjunction
				with the Final Selection Board.
(c)
				Clarifications may be required to ensure conformance of proposals with the
				evaluation factors. Clarifications may require revised price and/or technical
				proposals.
(d) No proposal for a
				design-build contract may be accepted unless the Technical Review Committee
				determines that there was adequate competition for such contract.
(e) Proposals shall establish a cost of the
				design-build contract. The maximum project cost shall be provided to the teams
				in the RFQ.
(f) Proposals are
				expected to identify subcontractors to whom the design-builder proposes to
				delegate obligations under the design-build contract. Entities so identified
				will not be replaced without the approval of the state agency, or the award may
				be revoked.
(g) Each design-build
				team must include licensed architects and engineers independent from the state
				agency's design professional. The design-build team's licensed architects and
				engineers must be maintained from the RFQ or further identified as a
				replacement with reasonable justification and qualifications in the proposal
				submitted to the state agency.
(h)
				The state agency shall have the right to reject any and all proposals, except
				for the purpose of evading the provisions and policies of this Chapter. The
				state agency may thereafter solicit new proposals using the same or different
				evaluation factors, budget constraints, or qualifications.
(i) The state agency shall maintain the
				secrecy and confidentiality of all proposals and all information contained in
				the proposals, and shall not disclose the proposals or the information
				contained therein to the design-builder's competitors or the public. Once a
				proposal is accepted, the disclosure of the proposal and the information in the
				proposal, and the ownership of the drawings, specifications, and information
				therein, shall be determined in accordance with existing law and the terms of
				the design-build contract.
(j) When
				a design-builder receives notification from a state agency that its proposal
				has not been accepted, the design-builder may, within seven (7) days, submit a
				written request for a written explanation of the selection process to the state
				agency.
(k) Proposals may be
				withdrawn for any reason at any time prior to the deadline.
(l) Written notice of the acceptance or
				rejection of a proposal shall be communicated to the design-builders.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-13 - Design-build contracts

Current through Vol. 41, No. 20, July 1, 2024
(a) A design-build
				contract is written and processed for award by the Department. Prior to
				issuance of the Notice to Proceed, the design-builder will be required to
				furnish 100% performance, payment and defect bonds, in an amount equal to the
				GMP or lump sum, and proof of worker's compensation, all risk, property and
				general liability insurance. After the contracts have been signed by all
				parties, and processed, copies shall be provided to the state agency and the
				consultant.
(b) Changes to the base
				contract are permitted as long as the scope of the change is generally included
				within the scope of work evaluated during the selection process. All changes
				shall be in writing and signed by all parties to the contract.
(c) Contracts are written by the Department
				in standard formats as required by 61 O.S. The Department may be contacted for
				development of special requirements to be included in the contracts.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 19 - Design-Build Procedures and Requirements › Section 260:65-19-14 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or requirement
				  of this Subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to provide procedures and
				  information to construction management or design-build firms desiring to do
				  business with the State of Oklahoma; and, to assist state agencies and
				  political subdivisions of the state with the selection of construction
				  management or design-build firms for the purpose of construction or renovation
				  of state facilities. These procedures implement the provisions of 61 O.S.,
				  Sections 201 through 213 titled "Public Facilities Act."
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-3 - Registration of construction management and design-build firms

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				construction management or design-build firms desiring to perform services for
				the State of Oklahoma must register with the Department by delivering a
				completed registration application form to the Department.
(b) A registration is valid for one (1)
				calendar year and must be renewed annually on or before the anniversary date of
				the previous year's registration.
(c) A construction management or design-build
				firm may register any time up to ten (10) days prior to the deadline for
				project consideration.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-4 - Selection procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Define
				project.
A state agency shall develop a description of the project which
				shall include:
(1) A narrative description of
				the work being planned.
(2) The
				estimated cost and time schedule of the project.
(3) The source of the funding i.e.,
				appropriated state money, federal funding or other source of
				funding.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-5 - Screen criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The screening
				process is the examination of each construction management or design-build firm
				that has submitted a Letter of Interest (LOI)/State of Qualifications (SOQ) for
				the project proposed by the state agency. A specific list of evaluation
				criteria shall include, but need not be limited to the following:
(1) Specialized experience related to the
				proposed project.
(2) Capacity of
				the firm to complete the project in the time available.
(3) Past performance in similar
				projects.
(4) Any other criteria
				deemed pertinent by the requesting state agency.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-6 - Scheduling and performing interviews

Current through Vol. 41, No. 20, July 1, 2024
(a) All members of
				the interview committee shall participate in all interviews of each firm.
(b) For construction management,
				an evaluation criteria list shall be developed to ensure that all interviews
				are conducted identically. The interview committee shall use the criteria
				listed in
				260:65-21-7.
(c) Each firm shall be notified by letter of
				the selection for interview. The letter shall contain:
(1) Date, time and place of interview.
				Interviews should be scheduled individually for each firm.
(2) Period of time permitted for the
				interview. Indicate how much time the firm shall be permitted for the
				presentation and how much time shall be reserved for questions by the
				committee.
(3) A copy of the
				interview evaluation criteria.
(4)
				The letter should contain any other information which would help the committee
				to obtain information needed for them to properly evaluate the firm.
(5) Oklahoma Statutes prohibit the requesting
				of any information on fees. Any firm who discloses its fee, or any indication
				thereof, shall be removed from the request list or short list and receive no
				further consideration for the project. Construction management firms must be
				selected on the basis of qualifications and not on a bid basis. Design-build
				firms must be selected on the basis of qualifications and technical response
				and not on a bid basis.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-7 - Construction Management interview criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The interview
				is an important step in the selection process. Each firm must be evaluated
				against a clearly established list of criteria which is provided to the firm at
				least seven days prior to the interview.
(b) The state agency shall use the interview
				evaluation form, prescribed by the Director, which includes, but is not limited
				to the following criteria:
(1) Specialized
				experience and technical competence of the firm regarding the type of services
				required.
(2) Capacity and
				capability of the firm, including any consultants, to perform the work,
				including any specialized services, within the stated time limitations of the
				project.
(3) Past record of
				performance on contracts with government agencies or private industry with
				respect to control of costs, quality of work and ability to meet
				schedules.
(4) Proximity to or
				familiarity with the area in which the project is located.
(5) The volume of work previously awarded by
				the state to the firm.
(6) Any
				other factors that are relevant to the project as determined by the
				Department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-8 - Report to Department

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contents.
The state agency shall prepare a chronological report
				detailing the specific steps used by the state agency during its selection
				process. This report shall include:
(1) the
				criteria used in the screening process;
(2) the interviews and the ratings of all
				firms considered;
(3) a copy of the
				approved minutes of any board action affecting the selection process, if
				applicable; and
(4) If an
				out-of-state firm is selected, the report must include the justification for
				the selection.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 21 - Selection of Construction Management and Design-Build Firms › Section 260:65-21-9 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or requirement
				  of this Subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 23 - Fees for Services › Section 260:65-23-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Department may collect reasonable fees for the purpose
				  of providing or contracting for architectural, engineering, and land surveying
				  services to state agencies; from persons requesting plans and notification of
				  solicitations issued by the Department; and, for contract management for a
				  construction project. [Title 61, Section
				  208.1 ] The purpose of this
				  subchapter is to establish a schedule of fees for services provided by the
				  Department.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 23 - Fees for Services › Section 260:65-23-2 - Fees for services

Current through Vol. 41, No. 20, July 1, 2024
(a) General
				Provisions. Upon requesting specific services, a state agency shall submit a
				requisition or request form prescribed by the Administrator which states the
				service requested and verifies the corresponding fee from the schedule provided
				by the Department. When required by the fee schedule, the Agency shall attach a
				purchase order for the specified fee amount, listing the Department as the
				vendor. The Department will invoice the Agency for the specified fee upon
				completion of the service. The fee is for a service provided by the Department
				and is fulfilled by the specified action by the Department. The fee is not
				contingent on the performance of an outside vendor retained as a result of the
				service rendered by the Department.
(b) Fee schedule for non-mandatory services.
				The following fees shall be collected for non-mandatory services provided by
				the Department:
(1) DCS Roof Asset Management
				Program - Five (5%) of roofing contract price.
(2) DCS On-Call Consultants Program - Ten
				(10%) of Consultant's Fee
(3) DCS
				Testing Program - Ten (10%) of Testing Consultant's Fee
(4) DCS Land Surveying Program -Ten (10%) of
				Land Surveyor's Consultant Fee
(5)
				Other Specialized Consulting or Contracting services - Up to 10% of
				Consultant's fee and/or contract price
(6) Architectural or Engineering consultation
				services - Hourly rates of Department personnel and administrative expenses of
				the Department
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 23 - Fees for Services › Section 260:65-23-3 - Deposits of fees

Current through Vol. 41, No. 20, July 1, 2024
All fees collected in accordance with the provisions of this
				  section shall be deposited in the Department's revolving fund created by Title
				  61, Section
				  208.2.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 23 - Fees for Services › Section 260:65-23-4 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
The Director may waive or modify any provision or requirement
				  of this Subchapter when such waiver is in the best interest of the
				  State.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 25 - Pre-Construction Planning › Section 260:65-25-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter defines the process for state agencies to
				  follow when planning a construction project, and apply to both new construction
				  and major renovation. [O.S.61 §209(12)]