Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-212. Performance-based efficiency contracts - Alternative to bidding process for certain contracts.

A. For purposes of this section:

1. "Performance-based efficiency contract" means a contract for the design, development, financing, installation, construction and service of any improvement, repair, alteration or betterment of any public building or facility; or any equipment, fixture or furnishing to be added to or used in any such building or facility; or any maintenance or operational strategy that is designed and implemented that will reduce utility consumption or lower operating costs, and may include, but is not limited to, one or more of the following:
2. "Qualified provider" means a person or business experienced or trained in the design, analysis, construction and/or installation of energy conservation and facility management measures. A qualified provider must employ a professional engineer registered in the State of Oklahoma.
B. In addition to any other legally permissible alternatives of entering into contracts, the Office of Management and Enterprise Services may enter into performance-based efficiency contracts on behalf of all state agencies with a qualified provider pursuant to the provisions of this section.
A qualified provider to whom the contract is awarded shall be required to provide to the Office a sufficient bond for its faithful performance of the contract. In addition, the Office may require performance bonds covering the annual amount of guaranteed savings over the contract term. State agencies may enter into an installment contract, lease purchase agreement or other contractual obligation for the purpose of financing performance-based efficiency projects for a term not to exceed the greater of twenty (20) years or the useful life of the project.
The qualified provider must guarantee the contract's cost savings each year during the term of the agreement. In calculating cost savings, the public entity may consider capital cost avoidance and include additional revenue that is directly attributed to the performance-based efficiency contract. The savings must be sufficient to offset the annual costs of the contract. The contract shall provide for reimbursement to the state agency undertaking the project annually for any shortfall of guaranteed savings. Savings must be measured, verified and documented each year of the term and may be utilized to meet the annual debt service.
The contracts authorized by this section shall include procedures for modifying the contract should the Office determine it necessary.
This section shall constitute the sole authority necessary to enter into performance-based efficiency contracts, without regard to compliance with other laws which may specify additional procedural requirements for execution of contracts.
Added by Laws 2006, c. 271, § 32, eff. July 1, 2006. Amended by Laws 2012, c. 304, § 330; Laws 2021, c. 128, § 1, eff. Nov. 1, 2021; Laws 2022, c. 238, § 37, 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.