Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-202.1. Design-build and at-risk construction management project delivery methods - Authorization required - Exemptions.

A. The design-build and construction management project delivery methods shall not be used without the written approval of the Director of the Office of Management and Enterprise Services, or the Director's designee, when those projects are constructed for a state agency or by an act of the Legislature specifying design-build or at-risk construction management for a project. In all instances where the design-build project or at-risk construction management delivery method is authorized, construction administration shall be performed by the State Facilities Director, the SFD's designee or designees, or otherwise by contract or contract provision approved by the Director of the Office of Management and Enterprise Services for construction administration by another party.

B. The use of design-build and construction management project delivery methods shall not interfere or inhibit the opportunity for subcontractors and trade contractors to openly and freely compete for subcontracts or trade contracts pursuant to the Public Competitive Bidding Act of 1974. The State Facilities Director, or designee, or the construction manager shall make the subcontracting and supply opportunities publicly known, as follows:
1. Whenever the estimated cost of the contract exceeds Fifty Thousand Dollars ($50,000.00), public notice shall be given by publication in a newspaper of general circulation and published in the county where the work, or the major part of the work, is to be done. Such notice by publication shall be published in two consecutive weekly issues of the newspaper, with the first publication thereof to be at least twenty-one (21) days prior to the date set for opening bids; and
2. Notice thereof shall be sent to one in-state trade or construction publication for the publication's use and information whenever the estimated cost of the contract exceeds Fifty Thousand Dollars ($50,000.00); provided, however, this section shall not be construed to require the publication of such notice in such trade or construction publication or to require the provision of such notice to more than one in-state trade or construction publication or to any out-of-state trade or construction publication.
C. Bids shall be publicly opened at the time and place designated in the public notice. A representative of the State Facilities Director shall be present at the bid opening.
D. The provisions of subsection A of this section shall not apply to projects by contract pursuant to an interagency agreement under Section 581 of Title 74 of the Oklahoma Statutes or to projects a state agency performs solely with the staff of the agency.
E. The Office of Management and Enterprise Services shall, pursuant to the Administrative Procedures Act, promulgate rules to effect procedures, processes and design-build/construction management fee guidelines necessary to the fulfillment of its responsibilities under this section.
Added by Laws 2000, c. 365, § 2, emerg. eff. June 6, 2000. Amended by Laws 2003, c. 277, § 1, eff. July 1, 2003; Laws 2005, c. 79, § 1, eff. Nov. 1, 2005; Laws 2006, c. 271, § 28, eff. July 1, 2006; Laws 2012, c. 304, § 319; Laws 2013, c. 302, § 8, eff. Nov. 1, 2013; Laws 2019, c. 299, § 7, eff. Jan. 1, 2020.

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.