reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-15 - Payment requests

Current through Vol. 41, No. 20, July 1, 2024
(a)
Partial
				payments.
Partial payments for work completed and materials stored on
				site may be submitted once each month. A detailed procedure to be followed is
				shown below:
(1) The contractor shall be
				required to complete a detailed breakdown of costs, arranged according to
				sections of the specifications, using a format similar to the one found in the
				Application for Partial Payment form, and submitting it to the design
				consultant and the Department for approval. This breakdown shall be used
				throughout the job and cannot be changed without approval from the design
				consultant.
(2) The contractor
				should meet with the design consultant when the rough draft of the pay request
				is prepared. Then all can agree on percentages of work completed prior to
				typing the final form. The contractor should furnish the design consultant with
				five copies of the pay request and all supporting documents.
(3) An itemized listing of materials stored
				on site at the end of the period covered in the pay request shall be prepared
				on the contractor's letterhead. Copies of paid invoices are to be attached. The
				date on the listing must agree with the date on the pay request. The materials
				must be stored at the site and cannot be removed after the payment has been
				made. The detailed description of stored materials should show quantities and
				sizes of materials. The usual terms of reference such as tons of steel and
				types of windows shall be acceptable. If the contractor deems it necessary, and
				it is recommended by both the design consultant and Office of Management and
				Enterprise Services representative, the contractor may store material off-site
				if there is a written agreement between the owner and the contractor. This
				agreement must provide the following:
(A)
				Proof of applicable insurance.
(B)
				A written guarantee of delivery to the job site.
(C) A written title to all materials covered
				by the request for payment, which shall pass to the owner.
(D) An on-site inspection of facilities by
				the design consultant to verify the authenticity of quantities of stored
				materials with the contractor responsible for reimbursing the design consultant
				for all incurred expenses resulting from each inspection.
(4) All pay requests are submitted to the
				Department.
(5) All partial
				payments are subject to retainage as specified in 61 O.S., Section 113.1.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-16 - Change orders

Current through Vol. 41, No. 20, July 1, 2024
(a) When it has
				been determined that a change is needed in the work and prior to the issuance
				of any change order, the design consultant shall issue a Proposal Request to
				the contractor. The Proposal Request shall be completed by the contractor and
				shall fully describe the scope of work explaining completely what each item
				entails and the cost, credit, and time extension involved. The contractor shall
				provide a detailed breakdown of cost, showing quantities and sizes of
				materials, unit cost, labor, equipment, profit and overhead, and other expense
				items. The design consultant shall transmit the completed Proposal Request
				through the using agency to the Department of the Office of Management and
				Enterprise Services. The change in work scope described in the Proposal Request
				is not authorized until it has been incorporated into a Change Order and issued
				by the Department of the Office of Management and Enterprise Services. [61
				O.S., Section 121]
(b) When the
				proposal Request(s) are approved by all parties, the contractor shall prepare a
				Change Order using the form prescribed by the Department. All information
				required on the form shall be included. The completed Change order form shall
				be routed to the Consultant and using Agency for signature, and then to the
				Department for approval and signature.
(c) When the change is less than $10,000, and
				the work involved can be costed by using a negotiated unit or lump sum price,
				the Proposal Request as discussed in subsection (a) of this Section is not
				required.
(d) Projects under the
				statutory amount and not advertised according to
				260:65-1-3(1),
				that are awarded on a unit price or basis cannot exceed the statutory amount
				with cumulative change orders without advertising for bids on that part of the
				contract.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-17 - Time extensions

Current through Vol. 41, No. 20, July 1, 2024
The contract documents shall contain the basis upon which
				  time extensions may be granted. Substantiating data must be submitted with the
				  requests for extensions. Such time extensions, if justified, shall be granted
				  by Change Order only. It is important that written notices of delay be
				  submitted to the design consultant within twenty days of the delay. Time
				  extensions for changes in the work must be included on the Change Order form
				  authorizing such change.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-18 - Substantial completion inspection

Current through Vol. 41, No. 20, July 1, 2024
(a) This inspection
				is to be requested by the contractor after he has determined that the project
				is substantially complete. Substantial completion is defined as the
				construction is sufficiently completed in accordance with the plans and
				specifications, as modified by any authorized changes, so that the owner can
				occupy the building and/or use the facility for its intended use. [61 O.S.,
				Section 124]
(b) After receipt of a
				list of items to be completed or corrected from the contractor, the inspection
				is to be scheduled by the design consultant who shall send out written
				notification inviting the using state agency, the Director and other interested
				persons to attend. After the inspection, the Certificate of Substantial
				Completion Form with punch list shall be prepared by the design consultant. A
				time limit to complete the punch list of deficiencies shall be determined by
				the Contractor and approved by the Consultant and the Owner. Five copies of the
				form shall be provided to the Director for signature.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-19 - Final inspection

Current through Vol. 41, No. 20, July 1, 2024
This inspection shall occur upon completion of construction
				  and when requested by the contractor after he determines the project is finally
				  complete and all punch list items have been completed. The design consultant
				  shall send out formal notification inviting the using state agency, the
				  Department and other interested parties to attend. [61 O.S., Section
				  124]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-20 - Contract completion

Current through Vol. 41, No. 20, July 1, 2024
A Certificate of Contract Completion shall be prepared by
				  the design consultant using the form prescribed by the Department. The
				  contractor shall complete the Certificate of Contract Completion and return to
				  the design consultant. The total of the contract shown on the certificate shall
				  include the sum of all change orders. The contractor shall secure and transmit
				  to the design consultant a completed and notarized Consent of Surety with the
				  contractor's Certificate of Final Payment.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-21 - Termination of unperformed contracts

Current through Vol. 41, No. 20, July 1, 2024
Any contract under which no work has been performed or no
				  formal claim or litigation has been pending within a period of twenty-four
				  months shall be terminated by the agency. After termination, any amount owed to
				  the contractor shall be determined and payment made. This shall release the
				  agency from further liability to the contractor or surety company. If the
				  contractor cannot be located, the payment shall be held in the care of the
				  State Treasurer for the contractor for a period not to exceed thirty-six months
				  at which time the payment shall be deposited in the General Revenue Fund. This
				  shall release the State from any further liability to the contractor or surety
				  company. [61 O.S., Section 137]
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-22 - Contractor appeals process

Current through Vol. 41, No. 20, July 1, 2024
(a) If a
				contractor's claim has not been resolved after consideration by the consultant
				in accordance with the General Conditions for Construction Contracts, the claim
				shall be submitted in writing to the owner. The owner will render to the
				parties the owner's written decision relative to the claim, including any
				change in the contract sum or contract time or both within ten (10) calendar
				days.
(b) The contractor may appeal
				the owner's decision by submitting written notice of a protest to the Director
				of the Office of Management and Enterprise Services within ten (10) calendar
				days of receiving the owner's decision.
(c) The Director will review the protest and
				determine to hear the appeal or assign the appeal to an administrative law
				judge the OMES retains.
(1) If the appeal is
				assigned to an administrative law judge, the administrative law judge shall
				review the appeal for legal authority and jurisdiction.
(2) If legal authority and jurisdictional
				requirements are met, the administrative law judge shall conduct an
				administrative hearing in accordance with the Administrative Procedures Act, 75
				O.S. Section 309 et seq., and provide proposed findings of fact and conclusions
				of law to the Director.
(3) If the
				protest is heard by the Director, the Director shall have all powers granted by
				law including all powers delegated to the administrative law judge by this
				section.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-23 - Consultant appeals process

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				owner and consultant shall endeavor to resolve claims, disputes and other
				matters in question between them by participating in a meeting to obtain a
				mutual agreement. If an agreement cannot be attained, the consultant may appeal
				by submitting written notice of a protest to the Director of Central Services
				within twenty-one (21) days of the settlement meeting immediately preceding the
				protest.
(b) The Director will
				review the protest and determine to hear the appeal or assign the appeal to an
				administrative law judge the Department retains.
(1) If the appeal is assigned to an
				administrative law judge, the administrative law judge shall review the protest
				for legal authority and jurisdiction.
(2) If legal authority and jurisdictional
				requirements are met, the administrative law judge shall conduct an
				administrative hearing in accordance with the Administrative Procedures Act, 75
				O.S. Section
				309
				et seq., and provide proposed findings of fact and conclusions of law to the
				Director.
(3) If the protest is
				heard by the Director, the Director shall have all powers granted by law
				including all powers delegated to the administrative law judge by this
				section.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 1 - Construction Contracting › Section 260:65-1-24 - 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 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of these rules is to provide information to
				  consultant firms desiring to do business with the State of Oklahoma. It is also
				  to serve as a guide to agencies and political subdivisions of the State of
				  Oklahoma in the selection of architects, engineers, and other design
				  consultants for the purpose of providing design documents for the construction
				  or renovation of state facilities. These procedures implement the provisions 61
				  O.S., Sections 60 through 65, titled "State Consultants".
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-2 - 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, registered land surveying, certified appraisal, land
				  title, or abstract 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 Services of the Office of Management and Enterprise Services,
				  State of Oklahoma.
"Director"
means the Director of the Office of
				  Management and Enterprise Services or a designee.
"Fixed fee"
means the type of fee to a
				  consultant which is expressed as a firm, fixed amount, for the services
				  specified in the scope of work. This fee is not determined by the amount of a
				  construction contract.
"Interview committee"
means a group of
				  individuals designated by the chief administrative officer or governing body of
				  a state agency to interview consultants for the purpose of selecting a
				  consultant for a planned project. This group should include licensed architects
				  or engineers, if available.
"Percentage fee"
means a fee to be paid a
				  consultant which is based upon a negotiated percentage of the resultant
				  construction contract. For the consultant contract purposes, the construction
				  contract amount is estimated.
"Program"
means the detailed description of the
				  work scope of the design services. This program is written by the state agency,
				  or may be developed by the consultant as part of his contract.
"Screening committee"
means a group of
				  individuals designated by the chief administrative officer or governing body of
				  a state agency which reviews the files of interested consultants for the
				  purpose of selecting a short list of consultants to be interviewed. The group
				  should include licensed architects or engineers, if available.
"Selection criteria"
means a listing of the
				  considerations and requirements used to evaluate each prospective
				  consultant.
"Short list"
means a listing of consultants
				  chosen during the screening process for detailed interview. This list shall
				  contain no less than three nor more than five consultants for a single project.
				  If the process is selecting for more than one consultant contract, there should
				  be two consultants on the short list for every planned project.
"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 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-3 - Registration of consultants

Current through Vol. 41, No. 20, July 1, 2024
(a) All consultants
				desiring to perform services for the State of Oklahoma must register with the
				Department by requesting and completing a Consultant Registration Questionnaire
				(DCS/CAP-Form 254) prescribed by the Director and submitting it to the
				Department. [61 O.S., Section 62] The Consultant Registration Questionnaire can
				be found on the Department's website or may be obtained by calling or writing
				the Department.
(b) The Director
				shall review a Consultant Registration Questionnaire submitted to the
				Department, determine whether the consultant qualifies for registration and
				notify the consultant of its registration status within twenty (20)
				days.
(c) Registrations are valid
				for one year from the date of receipt by the Department.
(d) Consultants shall not be solicited for
				projects with the State until the date the Consultant Registration
				Questionnaire is received by the Department. A consultant may register with the
				Department any time prior to the deadline for project consideration.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-4 - Selection procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Define
				project.
The state agency shall develop a description of the project
				which shall include: [61 O.S., Section 62(C)]
(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. Any funds designated for the project which has
				specific limitation of use, including deadlines for expenditure, shall be
				clearly defined and explained in the project description.
(4) Any other pertinent data which would
				assist a consultant in determining his interest in the
				project.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-5 - Consultant contracts

Current through Vol. 41, No. 20, July 1, 2024
(a) 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 contracts. Non-standard contracts for specialized projects may be
				proposed by the state agency and approved by the Director for use on a specific
				project.
(b) Phases of services may
				involve all or any of the following depending on the size and type of project:
(1)
Program planning.
Program
				planning may include the following:
(A) Space
				plan.
(B) Written and/or graphic
				program document as specified.
(C)
				Circulation allowances.
(D) Cost
				estimate.
(E) Specific additional
				features as required in the agencies request for proposal.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-6 - Screening criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The screening
				process is the examination of each consultant that has indicated interest in
				the project proposed by the state agency. Files on each consultant are provided
				by the Department for this purpose. Prior to beginning the review, a specific
				list of criteria must be developed and should include, but not be limited to
				the following:
(1) Specialized experience
				related to the proposed project.
(2) Similar experience on comparable
				projects.
(3) Technical
				qualifications of the design team.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-7 - Interview criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The interview
				is the most important step in the selection process. Each consultant must be
				evaluated against a clearly established list of criteria which is provided to
				the consultant within seven days in advance of the interview. State agencies
				shall use the Consultant Interview Evaluation Form prescribed by the Director.
				The form may be modified for a specific project with prior approval of the
				Director. Information should be sought during the interview which shall answer
				these questions:
(1) How will the consultant
				staff the proposed project?
(2)
				What is the consultant's proposed management plan?
(3) What is their previous experience for
				this project?
(4) Where are they
				located? How will they reduce travel costs if they are not close to the
				proposed project?
(5) What are
				their plans for project control?
(6) What is their proposed approach to the
				design of this project?
(7) What
				are examples of the similar projects they have completed?
(8) What are their experiences in value
				engineering, life cycle costs analyses, critical path method of scheduling,
				energy conservation, new energy resources, environmental assessments or other
				specialized experience, if required?
(9) Has a judgement been paid by the
				consultant or on their behalf for liability caused by professional errors
				and/or omissions in the past five years?
(10) Any other additional factors?
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 3 - Selection of Architects, Engineers, and Other Design Consultants › Section 260:65-3-8 - 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 5 - Minimum Codes for State Construction › Section 260:65-5-1 - Purpose; application

Current through Vol. 41, No. 20, July 1, 2024
To comply with the requirements of 61 O.S., Section 209, the
				  following rules contained in 260:65-5 are promulgated by the Office of
				  Management and Enterprise Services and shall apply to all facilities
				  constructed for state use.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 5 - Minimum Codes for State Construction › Section 260:65-5-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"ADA"
means the Americans with Disabilities
				  Act
"ASHRAE"
means the American Society of Heating,
				  Refrigeration and Air Conditioning Engineers, Inc.
"Code"
means the minimum building code or codes
				  provided by this rule.
"Department"
means the Construction, Planning,
				  and Real Estate Services of the Office of Management and Enterprise Services,
				  an agency of the State of Oklahoma.
"Facility"
means any building or improvement to
				  real property constructed for state use subject to the provisions of 61 O.S.
				  This definition shall apply also to construction of real property that the
				  state shall lease.
"IES"
means the Illuminating Engineering
				  Society.
"NFPA"
means the National Fire Protection
				  Association.
"OSFM"
means the Oklahoma State Fire
				  Marshal.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 5 - Minimum Codes for State Construction › Section 260:65-5-3 - Construction requirements; reviews and permits

Current through Vol. 41, No. 20, July 1, 2024
(a) Each facility
				shall be constructed or improved in such a manner as to provide reasonable
				safety from fire, smoke, panic and related hazards and to ensure a high level
				of health, comfort and well-being for all occupants.
(b) Building construction and renovation will
				require formal code review and a building permit, unless otherwise determined
				by the Department. When required by the Department, construction plans and
				specifications shall be reviewed by the agency with applicable code
				jurisdiction according to policy prescribed by the Director.
(c) Plans and specifications for State
				construction projects shall be reviewed and approved by the OSFM, who shall
				issue a permit upon approval. When directed by the Department, said plans shall
				also be reviewed by the Risk Management Department of the Office of Management
				and Enterprise Services. No project shall be let for public bids until such
				prescribed reviews are concluded and a building permit is issued by OSFM. Fees
				for plan review and permits shall be paid from the agency project
				funds.
(d) When a State
				construction project requiring a permit from OSFM is located within a local
				code enforcement jurisdiction, the Department encourages obtaining an
				additional building permit from the local jurisdiction or arrangement of
				cooperative inspections. The Department, or it's agent, may invite a
				cooperative review between OSFM and the local jurisdiction and authorize
				payment for a local permit from the project funds.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 5 - Minimum Codes for State Construction › Section 260:65-5-4 - Adopted codes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Codes.
State construction projects shall comply with all
				applicable codes adopted by the Oklahoma State Fire Marshal, current at the
				time the project is initiated.
(b)
Additional Building Codes.
The Department may require compliance
				with additional codes not currently adopted by OSFM, including but not limited
				to:
(1) International Energy Conservation
				Code, latest edition;
(2) Americans
				with Disabilities Act and related standards, latest edition.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 5 - Minimum Codes for State Construction › Section 260:65-5-5 - Adopted design standards

Current through Vol. 41, No. 20, July 1, 2024
The following standards are adopted by reference:
(1)
ASHRAE Standards.
(A) Standard #55. Thermal and Environmental
				Conditions for Human Occupancy.
(B)
				Standard #62. Ventilation for Acceptable Indoor Air Quality.
(C) Standard #90.1 Energy Efficient Design of
				New Buildings.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 5 - Minimum Codes for State Construction › Section 260:65-5-6 - Sources for codes and standards

Current through Vol. 41, No. 20, July 1, 2024
(a) A copy of all
				codes adopted by reference in this subchapter are on file and available for
				public inspection at the following address: Construction, Planning and Real
				Estate Department, Office of Management and Enterprise Services, Will Rogers
				Office Building, 2401 N. Lincoln Blvd., Suite 106, Oklahoma City, OK 73105,
				(405)-521-2111.
(b) Listed below
				are sources for the codes and standards referred to in this Subchapter:
(1) International Code Council: 5203 Leesburg
				Pike, Suite 708, Falls Church, Virginia 22041-3401; Telephone:
				1.703.931.4533
(2) NFPA: National
				Fire Protection Association, Batterymarch Park, Quincy, MA 02169
(3) ASHRAE: ASHRAE Publications Sales, 1791
				Tullie Circle, NE, Atlanta, GA 30329
(4) ASME: 22 Law Drive, Box 2300, Fairfield,
				NJ 07007-2300
(5) IES: Illuminating
				Engineering Society, 345 East 47th Street, New York City, NY 10017
(6) Oklahoma State Fire Marshal, 2401 N.W.
				23rd Street, Oklahoma City, OK 73107;
www.firemar.state.ok.us
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules contained in this Subchapter are promulgated by the
				  Office of Management and Enterprise Services to comply with the requirements of
				  Section 209(3), Title 61, Oklahoma Statues and shall apply to all agencies
				  subject to the provisions of Title 61, Oklahoma Statutes.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Architect"
means a person legally qualified to
				  practice the profession of architecture as defined in the State Architectural
				  Act, Section 46, Title 59, Oklahoma Statutes.
"Consultant"
means
an individual or
				  legal entity possessing the qualifications to provide licensed architectural,
				  registered engineering, registered land surveying, certified appraisals, land
				  title, or abstract 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 ]
"Director"
means the Director of the Office of
				  Management and Enterprise Services or a designee.
"Department"
means the Construction, Planning
				  and Real Estate Department of the Office of Management and Enterprise
				  Services.
"Engineer"
means a person legally qualified to
				  practice the profession of engineering as defined in Chapter 10, Engineering
				  and Land Surveying, Title 59, O.S.
"Facility"
means any building or improvement to
				  real property constructed for state use subject to the provisions of Title 61,
				  Oklahoma Statutes.
"FTE"
means a full time equivalent personnel
				  position authorized the state agency by current legislative authority.
"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 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-3 - Requirements of law; agency responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Each facility shall be constructed,
				renovated or repaired in such a manner as to provide reasonable safety from
				fire, smoke, panic and related hazards and to ensure a high level of health,
				comfort and well being for all occupants.
(b) Delegations of the statutory requirements
				stated in Title 61 of the Oklahoma Statutes which are permitted by the rules
				contained in this subchapter shall be set forth in the documents granting the
				exception or delegation. The requirements of law are not lessened and the
				agency to which the delegation of authority is granted shall be wholly
				responsible for the required compliance.
(c) No delegation of authority may be granted
				for Sections
				1
				through
				51,
				sections 101 through 136, and sections
				151 through
				157 of Title
				61 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-4 - Requesting services of consultants

Current through Vol. 41, No. 20, July 1, 2024
All agencies requesting the services of consultants are
				  hereby delegated the following responsibilities of Section 62 as modified by
				  Sections 208(A) and (B), Title 61:
(1)
				Provide all of the information required by Section
				62(C), Title 61,
				Oklahoma Statutes.
(2) Prepare the
				letter of solicitation as required by Section
				62(C).
(3) Receive the replies of interested
				consultants and submit a list of the interested parties to the
				Director.
(4) Conduct the selection
				as described in Section 62 (E) and (F).
(5) Submit a requisition to the Director from
				which the Department shall prepare and execute a contract.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-5 - Request for delegation of authority to agencies

Current through Vol. 41, No. 20, July 1, 2024
(a) Agencies wanting to perform the
				responsibilities of Title 61 Oklahoma Statutes assigned to the Office of
				Management and Enterprise Services must make a request in writing to the
				Director, Office of Management and Enterprise Services. Such request must
				contain all of the following information:
(1)
				Specific reference to the section and paragraph of Title 61 to be delegated to
				the state agency.
(2) Complete
				justification for the request. Effect on FTE, appropriations and state Agency
				mission should be included.
(3)
				Complete listing of engineers and architects available to the state agency to
				perform the duties for which delegation of authority is requested.
(4) Any additional information which shall
				assist the Director to properly evaluate the request.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-6 - Evaluation of requests

Current through Vol. 41, No. 20, July 1, 2024
All requests made pursuant to
				  260:65-7-5
				  shall be evaluated according to the following criteria:
(1) There must be a significant advantage to
				the State for cost savings.
(2) The
				exception cannot require the use of non-FTE personnel. Only existing FTEs may
				be considered.
(3) If an emergency
				condition exists, as defined by Section 130, Title 61, Oklahoma Statutes, a
				request for temporary delegation of authority may be granted.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 7 - Procedures for Agencies to Perform Responsibilities Exercised by the Construction, Planning and Real Estate Department › Section 260:65-7-7 - 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 9 - Full-Time Employment by Agencies for Minor Construction Projects › Section 260:65-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules contained in 260:65-9 are promulgated by the Office
				  of Management and Enterprise Services to comply with the requirements of
				  Section 209(1), Title 61, Oklahoma Statutes and shall apply to all agencies
				  subject to the provisions of Title 61, Oklahoma Statutes.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 9 - Full-Time Employment by Agencies for Minor Construction Projects › Section 260:65-9-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Architect"
means a person legally qualified to
				  practice the profession of Architecture as defined in the State Architectural
				  Act, Section 46, Title 59, Oklahoma Statutes.
"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 ]
"Director"
means the Director of the Office of
				  Management and Enterprise Services or a designee.
"Department"
means the Construction, Planning
				  and Real Estate Department of the Office of Management and Enterprise
				  Services.
"Engineer"
means a person legally qualified to
				  practice the profession of Engineering as defined in Chapter 10, Engineering
				  and Land Surveying, Title 59, Oklahoma Statutes.
"Facility"
means any building or improvement to
				  real property constructed for State use subject to the provisions of Title 61,
				  Oklahoma Statutes.
"FTE"
means a full time equivalent personnel
				  position authorized the state agency by current legislative authority.
"Minor Construction"
means any construction
				  which does not require the person performing the construction to have an
				  occupational license.
"State Agency"
means all agencies, boards,
				  commissions, offices, institutions, and other governmental bodies as defined in
				  O.S., Section
				  61.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 9 - Full-Time Employment by Agencies for Minor Construction Projects › Section 260:65-9-3 - General construction and licensing provisions; application of rules and law

Current through Vol. 41, No. 20, July 1, 2024
(a) Each facility
				shall be constructed, renovated or repaired in such a manner as to provide
				reasonable safety from fire, smoke, panic and related hazards and to ensure a
				high level of health, comfort and well being for all occupants.
(b) Agencies to which authority is given to
				hire full-time employees for minor construction under this rule shall insure
				that all requirements of licensing, code compliance and construction
				administration shall conform to existing law and rules and
				regulations.
(c) Agencies which had
				full-time employees for the purpose of performing minor construction projects
				on the date of promulgation of this rule are exempted from requesting authority
				for those employees.
(d) Nothing in
				260:65-9 shall replace the statutory procedures for obtaining FTE positions.
				The legislature in its appropriations bills control the authorized FTE
				positions.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 9 - Full-Time Employment by Agencies for Minor Construction Projects › Section 260:65-9-4 - Requests to hire employees for minor construction

Current through Vol. 41, No. 20, July 1, 2024
Agencies wanting to hire employees to perform minor
				  construction projects shall make a request in writing to the Director, Office
				  of Management and Enterprise Services. Such request must contain all of the
				  following information:
(1) A complete
				description of the types of projects for which the authority is requested must
				be shown.
(2) Complete
				justification for the request must be included. Number and description of
				positions that shall be filled must be included. All positions must be
				identified by a position code assigned by the Office of Personnel
				Management.
(3) A complete listing
				of engineers, architects, and consultants available to the agency to perform
				the duties of code compliance and observation of the project for which the
				authority is requested must be included.
(4) Any additional information which shall
				assist the Director to properly evaluate the request.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 9 - Full-Time Employment by Agencies for Minor Construction Projects › Section 260:65-9-5 - Evaluation of requests

Current through Vol. 41, No. 20, July 1, 2024
All requests shall be evaluated according to the following
				  criteria:
(1) There must be a
				significant advantage to the State for cost savings.
(2) The request, if granted, cannot require
				the use of non-FTE personnel. Existing FTEs only may be considered.
(3) If an emergency condition exists, as
				defined by Section 130, Title 61, Oklahoma Statutes, a request for authority
				may be approved if the emergency can only be remedied by using temporary
				employees.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 11 - Life Cycle Costing for State Facilities › Section 260:65-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma State Agencies are required by Oklahoma Statutes
				  to perform Life Cycle Cost Analysis for alternative architectural and
				  engineering designs and alternative major items of energy-consuming equipment
				  to be retrofitted in state facilities. The following guidelines are promulgated
				  by the Construction and Properties Department of the Office of Management and
				  Enterprise Services in compliance with the provisions of Sections
				  209
				  and
				  211
				  of Title 61 of the Oklahoma Statutes. Guidelines in this Subchapter are to be
				  used in performing the required analysis.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 11 - Life Cycle Costing for State Facilities › Section 260:65-11-3 - Evaluation steps

Current through Vol. 41, No. 20, July 1, 2024
The recommended steps in the economic evaluation are:
(1)
Objective.
Every economic
				evaluation should have a statement clearly defining the specific objective to
				be accomplished by the evaluation. Examples of objectives are: To determine
				which design or equipment of what size is economically preferable.
(2)
Constraints.
There could be
				technical, physical, budgetary or code constraints. Any of these can reduce the
				number of candidate strategies for which an economic evaluation must be
				performed.
(3)
Data,
				estimates and assumptions.
(A)
Data.
The types of data that are needed are: investments
				costs ( I
), energy costs (
E
), maintenance and nonfuel
				operating costs (
M
), replacement costs (
R
), salvage
				value (
S
), interest rate (
i
) and escalating rates
				(
j
)
(B)
Estimates.
The economic life of the project has to be estimated.
				Appendix C of this Chapter includes the suggested economic life for a number of
				equipment.
(C)
Assumptions.
To simplify the cash flow calculations, the
				investment costs are assumed to occur in a lump sum at the beginning of the
				base year. All other costs occur in lump sums at the end of the respective
				years in which they occur.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 11 - Life Cycle Costing for State Facilities › Section 260:65-11-4 - Results

Current through Vol. 41, No. 20, July 1, 2024
(a) The Construction and Properties
				Department of the Office of Management and Enterprise Services shall sponsor
				training workshops for Oklahoma State agencies purchasing personnel in the use
				and/or verification of the Life Cycle Cost Analysis. Until such a time as
				sufficient expertise is developed in state agencies, the results of the
				analysis, along with the input data should be submitted by the contractors,
				vendors or consultants to the Construction and Properties Department of the
				Office of Management and Enterprise Services for verification.
(b) The suggested ranges for applying the
				Life Cycle Cost Analysis to conduct the analysis without the escalation factors
				for projects having total costs of more than $7,500, but less than $40,000
				(i.e., equations 3.2. and 3.4 in
				260:65-11-3(4)
				). For projects costing more than $40,000, where more accurate estimates are
				needed, escalation factors are included in the analysis (i.e., equations 3.3
				and 3.5 in 360:65-11-3 )(4)).
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 65 - Construction and Properties › Subchapter 15 - Energy Services Contracts › Section 260:65-15-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Section
				  210 of
				  Title 61 of the Oklahoma Statutes, the following rules contained in OAC
				  260:65-15 are promulgated by the Office of Management and Enterprise Services
				  and shall apply to energy services contracts for State Agencies. These rules
				  are to aid state agencies in obtaining more efficient energy saving equipment
				  and methods without significant capital expenditure by utilizing the services
				  of an energy service company.