Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-327. Procedures for disposal or lease of certain state-owned real property.

A. Unless procedures for state agency real property transactions are otherwise specifically provided for by law, no state agency shall sell, lease, exchange, or otherwise dispose of such real property subject to its jurisdiction, or lease, purchase or otherwise acquire real property subject to its jurisdiction, except as authorized by subsection L of this section and as otherwise provided for in this section. As used in this section, "state agency" means any department, board, commission, institution, agency or entity of state government.

B. 1. Every state agency shall request the Office of Management and Enterprise Services to dispose of real property upon:
2. Upon the request of the state agency to dispose of real property, the Office of Management and Enterprise Services shall estimate the value of the property, and:
3. The cost of the appraisal required by the provisions of this section, together with other necessary expenses incurred pursuant to this section, shall be paid by the state agency for which the real property is to be sold from funds available to the state agency for such expenditure. All monies received from the sale or disposal of the property, except those monies necessary to pay the expenses incurred pursuant to this section, shall be deposited in the Maintenance of State Buildings Revolving Fund unless otherwise provided by law.
4. The Office of Management and Enterprise Services may dismiss from consideration any appraisal found to be incomplete or flawed.
C. Unless otherwise provided by law, the Office of Management and Enterprise Services shall review and approve state agency real property transactions. A state agency shall not lease or acquire real property, or lease, dispose of or transfer state-owned real property until the Office provides notice of transaction approval to the state agency. Prior to approval, a state agency shall provide documents to the Office and provide reference to statutory or other legal authority of the state agency to lease or acquire real property, or lease, dispose of or transfer state-owned real property. If the state agency intends to lease or acquire real property, the state agency shall state the intended use of the real property, and shall provide the Office with required telework documentation. Within thirty (30) days of receipt, the Office shall provide notice of transaction approval or disapproval to the state agency.
D. The provisions of this section shall not apply to the lease of office space or real property subject to supervision of the Commissioners of the Land Office or district boards of education.
E. 1. The Office of Management and Enterprise Services shall maintain a comprehensive inventory of state-owned real property and its use excluding property of the public schools and property subject to the jurisdiction of the Commissioners of the Land Office.
2. Each state agency shall, within thirty (30) days of the closing date for lands newly acquired, provide to the Office a list of records, deeds, abstracts and other title instruments showing the description of and relating to any and all such lands or interests therein.
3. The provisions of paragraph 2 of this subsection shall apply to all lands of public trusts having a state agency as the primary beneficiary, but shall not apply to lands of municipalities, counties, school districts, or agencies thereof, or Department of Transportation rights-of-way.
4. A state agency that sells or otherwise disposes of land shall notify the Office within thirty (30) days of the disposition closing date.
F. This section shall not be construed to authorize any state agency, not otherwise authorized by law, to sell, lease, or otherwise dispose of any real property owned by the state.
G. The Office of Management and Enterprise Services and the Secretary of the Commissioners of the Land Office, or designee, as provided in subsection L of this section may provide services to sell, transfer, trade or purchase real property for other state agencies.
H. The Director of the Office of Management and Enterprise Services shall, pursuant to the Administrative Procedures Act, promulgate rules to effect procedures necessary to the fulfillment of its responsibilities under this section.
I. The Oklahoma Ordnance Works Authority and its lands, and the Northeast Oklahoma Public Facilities Authority, the Oklahoma Historical Society, the Oklahoma Department of Transportation, the Oklahoma Turnpike Authority and the Department of Wildlife managed lands shall be exempt from the application of this section. The Grand River Dam Authority and its lands shall be exempt from the application of this section for any real property disposed of prior to November 1, 2006.
J. Unless otherwise provided for by law, the procedures established pursuant to this section for the sale or exchange of real estate or personal property as authorized pursuant to Sections 2222 and 2223 of Title 74 of the Oklahoma Statutes shall be followed unless the sale is to an entity of state government.
K. The Director of the Office of Management and Enterprise Services shall contract with experts, professionals or consultants as necessary to perform the duties of the Office. Selections shall be made using the qualifications-based procedures established in Section 62 of this title and the rules promulgated by the Director for the selection of construction managers and design consultants.
L. 1. No state agency shall sell, lease, exchange, or otherwise dispose of such real property subject to its jurisdiction, or lease, purchase or otherwise acquire real property subject to its jurisdiction, until such agency or the Office of Management and Enterprise Services acting on the agency's behalf has presented to the Secretary of the Commissioners of the Land Office, or designee, all information collected pursuant to subparagraph a of paragraph 2 of subsection B of this section, and provided the Secretary of the Commissioners of the Land Office or designee a twenty-calendar-day period to provide a proposal for the acquisition or disposal of applicable real property.
2. The Secretary of the Commissioners of the Land Office or designee may decline to provide such a proposal; provided such notice of decline is communicated to the Office of Management and Enterprise Services in written or electronic form. Upon the reception of such notice of decline by the Office of Management and Enterprise Services, the twenty-calendar-day period otherwise required by this subsection shall be deemed to have expired.
Added by Laws 1983, c. 304, § 181, eff. July 1, 1983. Amended by Laws 1985, H.J.R. No. 1039, p. 1682, § 6, eff. Nov. 1, 1985; Laws 1997, c. 292, § 8, eff. July 1, 1997; Laws 1998, c. 203, § 9, emerg. eff. May 11, 1998; Laws 2003, c. 372, § 17, eff. July 1, 2003; Laws 2005, c. 234, § 2, emerg. eff. May 26, 2005; Laws 2006, c. 271, § 36, eff. July 1, 2006; Laws 2012, c. 304, § 818; Laws 2013, c. 209, § 7, eff. July 1, 2013. Renumbered from § 129.4 of Title 74 by Laws 2013, c. 209, § 39, eff. July 1, 2013. Amended by Laws 2014, c. 286, § 7, eff. Nov. 1, 2014; Laws 2016, c. 309, § 2, emerg. eff. May 16, 2016; Laws 2019, c. 204, § 2, eff. Nov. 1, 2019; Laws 2021, c. 483, § 1, eff. Nov. 1, 2021; Laws 2022, c. 238, § 47, 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.