Oklahoma Statutes
Title 61. Public Buildings and Public Works
§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.

A. The Office of Management and Enterprise Services shall select and award contracts to construction managers and design consultants pursuant to the provisions of Section 62 of this title.

B. The negotiation of construction manager and consultant contracts and fees shall be performed by the Office.
C. The Office shall award and administer construction contracts for state agencies pursuant to the provisions of the Public Competitive Bidding Act of 1974.
D. 1. When all bids for a public construction contract exceed the programmed estimate and available funding, the Office may enter into negotiations with the lowest responsible bidder for the purpose of modifying the project scope and reducing the construction cost, provided that:
2. To request consideration for negotiations pursuant to this subsection, the using agency, within ten (10) days of the bid opening date, shall make a written request to the Director of the Office of Management and Enterprise Services to enter into negotiations pursuant to paragraph 1 of this subsection. If approved by the Director, the Office shall consult with the using agency, consultant and low bidder on methods to reduce the project scope or other cost-saving measures.
3. If a suitable revised scope and contract amount is agreed upon by the using agency, lowest responsible bidder, and the Director, the Office may award the public construction contract to the lowest responsible bidder.
4. The Office shall negotiate a fair and reasonable fee with the project's consultant, if applicable, to make any necessary revisions to the contract documents. The cost of this additional consulting work shall be paid from the agency's available funds.
5. Approval and final award of the contract for the construction negotiated pursuant to this subsection shall occur no later than one hundred twenty (120) days from the opening bid.
E. The Office is authorized to issue solicitations and award statewide contracts for managed construction service delivery in order to provide efficient and cost-effective procurement solutions for public agencies. Statewide contracts may be either mandatory or nonmandatory as determined by the Director.
F. The Office is authorized to provide facility management and operations and maintenance services for any state agency on a cost-recovery basis for any facility operated by a state agency when:
1. The state agency initiates a request with the Director; or
2. The Director determines a state agency is performing in the bottom ten percent (10%) of all state agencies with respect to performance measures for facility management established by the Office.
G. In addition to the exception from this act hereby provided to the Oklahoma State Regents for Higher Education and its constituent institutions and the Commissioners of the Land Office, the Director may authorize an exemption to the provisions of this act to any other state agency provided that the recipient of the exemption:
1. Adopts standards, processes and procedures for planning, budgeting, design, facility management, asset management and asset preservation that are substantially compliant with those as prescribed by the Office;
2. Adheres to procurement requirements of Sections 62 through 65 of this title and the provisions of this act;
3. Reports benchmark, budget and ongoing performance data required by the Office; and
4. Participates in annual performance reviews and organized forums for promoting best practices statewide as determined by the Director.
Added by Laws 1983, c. 304, § 176, eff. Jan. 1, 1984. Amended by Laws 2000, c. 363, § 19, emerg. eff. June 6, 2000; Laws 2006, c. 271, § 30, eff. July 1, 2006; Laws 2012, c. 304, § 324; Laws 2013, c. 302, § 11, eff. Nov. 1, 2013; Laws 2016, c. 71, § 4; Laws 2022, c. 238, § 31, eff. Nov. 1, 2022.

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.