Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-102. Definitions.

As used in the Public Competitive Bidding Act of 1974:

1. "Awarding public agency" means the public agency which solicits and receives sealed bids on a particular public construction contract;
2. "Bidding documents" means the bid notice, instruction to bidders, plans and specifications, bidding form, bidding instructions, general conditions, special conditions and all other written instruments prepared by or on behalf of an awarding public agency for use by prospective bidders on a public construction contract;
3. "Chief administrative officer" means an individual responsible for directing the administration of a public agency. The term does not mean one or all of the individuals that make policy for a public agency;
4. "Construction management trade contract or subcontract" means any public construction contract exceeding Fifty Thousand Dollars ($50,000.00) in amount that is awarded as a trade contract in an agency construction management contract or awarded as a subcontract in an at-risk construction management contract;
5. "Public agency" means the State of Oklahoma, and any county, city, town, school district or other political subdivision of the state, any public trust, any public entity specifically created by the statutes of the State of Oklahoma or as a result of statutory authorization therefor, and any department, agency, board, bureau, commission, committee or authority of any of the foregoing public entities;
6. "Public construction contract" or "contract" means any contract, exceeding One Hundred Thousand Dollars ($100,000.00) in amount, or any construction management trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00) in amount, awarded by any public agency for the purpose of making any public improvements or constructing any public building or making repairs to or performing maintenance on the same except where the improvements, construction of any building or repairs to the same are improvements or buildings leased to a person or other legal entity exclusively for private and not for public use and no public tax revenues shall be expended on or for the contract unless the public tax revenues used for the project are authorized by a majority of the voters of the applicable public agency voting at an election held for that purpose and the public tax revenues do not exceed twenty-five percent (25%) of the total project cost. The amount of public tax dollars committed to the project will not exceed a fixed amount established by resolution of the governing body prior to or concurrent with approval of the project;
7. "Public improvement" means any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a public agency, intended to enhance its value, beauty or utility or to adapt it to new or further purposes. The term does not include the direct purchase of materials, equipment or supplies by a public agency, or any personal property, including property as defined in paragraphs 1 and 4 of subsection B of Section 430.1 of Title 62 of the Oklahoma Statutes;
8. "Purchasing cooperative" means an association of public entities working together to provide leverage in achieving best value and/or the best terms in contracts awarded through a competitive bidding process; and
9. "Retainage" means the difference between the amount earned by the contractor on a public construction contract, with the work being accepted by the public agency, and the amount paid on said contract by the public agency.
Added by Laws 1974, c. 298, § 2, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 1, emerg. eff. June 5, 1975; Laws 1977, c. 74, § 1, eff. Oct. 1, 1977; Laws 1979, c. 28, § 1, emerg. eff. April 3, 1979; Laws 1990, c. 158, § 1, emerg. eff. May 1, 1990; Laws 1994, c. 7, § 5, emerg. eff. March 29, 1994; Laws 1998, c. 365, § 2, eff. July 1, 1998; Laws 1999, c. 149, § 2, eff. July 1, 1999; Laws 2000, c. 363, § 8, emerg. eff. June 6, 2000; Laws 2002, c. 294, § 13, eff. Nov. 1, 2002; Laws 2004, c. 97, § 1, emerg. eff. April 14, 2004; Laws 2005, c. 1, § 89, emerg. eff. March 15, 2005; Laws 2006, c. 271, § 14, eff. July 1, 2006; Laws 2009, c. 257, § 2, eff. Nov. 1, 2009; Laws 2012, c. 304, § 311; Laws 2013, c. 186, § 1, eff. Nov. 1, 2013; Laws 2021, c. 340, § 1, eff. Nov. 1, 2021; Laws 2022, c. 238, § 13, eff. Nov. 1, 2022.
NOTE: Laws 2004, c. 52, § 1 repealed by Laws 2005, c. 1, § 90, emerg. eff. March 15, 2005.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 61. Public Buildings and Public Works

§61-1. Bond to be furnished on public works contracts.

§61-2. Filing of bond - Action on bond - Subcontractors.

§61-3. Working day for public employees.

§61-4. Public contracts made on basis of eight-hour day.

§61-5. Penalty for violating two preceding sections.

§61-6. Public buildings - Home products - When to use.

§61-11. Public buildings - Facilities for people with disabilities - Additions to existing buildings.

§61-12. Plans and specifications - Approval.

§61-13. Definitions.

§61-17. Presumption as to consent to jurisdiction of Oklahoma courts.

§61-18. Liability of contractor after completion of contract work.

§61-19. Multi-year contracts for painting and other maintenance of water storage tanks.

§61-60. See the following versions:

§61-60v1. Mandatory consultant and construction contract forms - Exceptions.

§61-60v2. Mandatory consultant and construction contract forms - Exceptions.

§61-61. Definitions.

§61-62. Construction managers and consultants - Registration and selection.

§61-62.1. Contracts to be in accordance with Public Building Construction and Planning Act.

§61-62.2. Contracts for minor services.

§61-63. Ownership and control of plans, etc.

§61-64. Misdemeanor offenses - Punishment.

§61-65. Application of act - Emergencies.

§61-81. Fair and Open Competition in Governmental Construction Act.

§61-82. Definitions.

§61-83. Prohibited terms in bid specifications for public improvement projects.

§61-84. Prohibited contract terms prevent the award of applicable grants, tax abatements, or tax credits.

§61-85. Prohibited terms in bid specifications for public improvement projects.

§61-86. Applicability of act.

§61-101. Short title.

§61-102. Definitions.

§61-103. Governing law - Solicitation and award of contracts.

§61-103.2. Political subdivision may appoint purchasing agent.

§61-103.4. School districts – Erection of building or making improvements on force account basis.

§61-103.5. Right-of-way clearance by Transportation Commission and Authority – Competitive bidding not required.

§61-103.6. Expired.

§61-103.7. Contracts related to fish and wildlife conservation.

§61-103.8. State agencies to identify headquarters location of contracting companies – Provide reasons for choosing companies not headquartered in Oklahoma.

§61-104. Bid notices.

§61-105. Contents of bid notices.

§61-106. Bidding documents to be on file.

§61-107. Check, bond or irrevocable letter of credit to accompany bid.

§61-108. Written statement under oath to accompany bid.

§61-109. Late bids.

§61-110. Opening of bids.

§61-111. Time for awarding of contract.

§61-112. Bids, contracts, bonds open for public inspection.

§61-113. Execution of contract.

§61-113.1. See the following versions:

§61-113.1v1. Partial payment - Retainage.

§61-113.1v2. Partial payment - Retainage.

§61-113.2. Withdrawal of retainage - Deposit of securities.

§61-113.3. Interest - Rate.

§61-114. Conflict of interest.

§61-115. Collusion among bidders or material suppliers.

§61-116. Disclosure of terms of bids - Public agency engineering estimates.

§61-117. Award to other than lowest bidder.

§61-118. Prequalification of bidders.

§61-119. Rejection of bids.

§61-119.1. Certain contract to be negotiated when no bid is received.

§61-120. Assignment of contracts.

§61-121. Change orders or addenda.

§61-122. Taxpayer suits to enjoin execution of unlawful contracts.

§61-123. Supervisor's certification to accompany invoices - Exception.

§61-124. Inspections.

§61-125. Accounting procedure.

§61-126. Construction on force account basis.

§61-127. Contracts made by a public entity - Applicability.

§61-128. Builder’s risk insurance.

§61-129. Contracts exempt.

§61-130. Emergencies.

§61-131. Splitting of contracts - Punishment and fine.

§61-133. Law governing.

§61-134. Insurance or bond to be secured from carrier licensed in Oklahoma.

§61-135. Public agencies or officers not to exert influence in procuring particular bond or insurance.

§61-136. Conflicts with federal rules and regulations - Laws governing.

§61-137. Termination of certain unperformed contracts.

§61-138. Noncollusion affidavit attached to bid submitted to school district, county or municipality.

§61-139. Authority to enter into cooperative purchasing agreements.

§61-201. Short title – Public Facilities Act.

§61-202. See the following versions:

§61-202.1. Design-build and at-risk construction management project delivery methods - Authorization required - Exemptions.

§61-202v1. Definitions.

§61-202v2. Definitions.

§61-204. Office of Management and Enterprise Services - Duties.

§61-204.1. Expired.

§61-205. Access to records.

§61-207.2. Architects, engineers or land surveyors - Employment.

§61-208. Approval, negotiation and award of contracts - Costs exceeding estimated and available funding – Negotiations – Contracts for managed construction services delivery – Facility management and maintenance.

§61-208.1. Contracting for construction services - Fee.

§61-208.2. State Construction Revolving Fund.

§61-208.3. Exempted entities - Compliance with act.

§61-209. Rulemaking.

§61-210. Model shared savings contract.

§61-211. Selection of equipment on life cycle cost analysis basis.

§61-212. Performance-based efficiency contracts - Alternative to bidding process for certain contracts.

§61-213. Public building energy and environmental performance program.

§61-215. Short title - Public Construction Management Act for Political Subdivisions.

§61-216. Definitions.

§61-217. Construction managers – Written contract required – Procedure for awarding work.

§61-220.1. Design-build as project delivery method for public water supply, wastewater treatment facilities and wastewater collection systems.

§61-221. Short title.

§61-222. Definitions.

§61-223. Construction contracts - Progress payments - Reduction.

§61-224. Payment of subcontractor or sub-contractor or supplier - Time limit.

§61-225. Suspension or termination of construction contract - Payment.

§61-226. Retainage of portion of payment due - Release.

§61-227. Application of act - Void and unenforceable provisions, covenant, clauses or understandings.

§61-306. Property purchased from specific appropriations - Transfer to another department or institution.

§61-307. Property conveyed for public college or university – Implementation of transfer to designated board of regents - Limitations in deed.

§61-308. Oil or gas lease of lands of public institutions.

§61-309. Oil, gas and mineral leases upon state lands - Drilling contracts - Notice - Disposition of royalties, bonuses or rentals.

§61-310. Oil and gas leases upon described state-owned lands.

§61-311. Jurisdiction over lands covered by lease.

§61-312. Partial invalidity.

§61-313. Development for oil and gas purposes of certain state-owned lands in Oklahoma City authorized - Agreements.

§61-314. Use of other state-owned lands by lessees.

§61-316. Payment of proceeds into Maintenance of State Buildings Revolving Fund.

§61-317. Oil and gas or mineral leases of state lands other than Capitol lands and parkways.

§61-318. Lease of property formerly occupied by Russell Girls Home.

§61-319. Purpose or use for which leased.

§61-322. Easement and right-of-way grants - Exemptions.

§61-323. Leases - Exemptions.

§61-324. Director to take charge, manage and lease Capitol Building Lands.

§61-325. Inventory and appraisal - Sale.

§61-326. Disposition of proceeds - Leases for oil and gas purposes.

§61-327. Procedures for disposal or lease of certain state-owned real property.

§61-327.1. Written proposals for state-owned properties not subject to disposition.

§61-327.2. Proposals for investment real property.

§61-327.3. Transfer of certain public buildings to the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges – Authority to lease and purchase properties and facilities for relocation.

§61-328. Facilities management software program – Authority to procure software and implement program.

§61-330.1. Recording fee for Office of Management and Enterprise Services.

§61-334. Public buildings – Lactation room required.