



 !"#$% % & '" (#)#!('*#+, (' $(  --($ '.-/ 

*.$%"01-"(#"(-2

 * #% $+#0-344"3565 78.%+3449

3:%;'$"<$.$"(#"(-9

61;#+'*.$%" ,*%+ -5

2.$%""(#"(-,# $#--' ;/(/.#+5

9 #%(+'!%#<;(0* " ;- "<-=

3%#-#-* "@"#<-**!#%4

6 @<-4

2 '  " (1%#/,#,"% "(#"(-

9? ,*<'" (#"(#"(-

"-<(.<#%

5 -.,*<#-("- ((A.-"<'1%#/,#".(-

=#$%(+'"(#"(#B ",*% <'"(#"(01

>.%<+ #"(#"(-'*#<;#(/ ,#( #" '0#( -(#; (#1-3

3 * #% $+#0->52"3>=69* #<! .;>523

33 * #% $+#0->52"3>=69* #<! .;>523

3> * #% $+#0->52"3>=69* #<! .;>526

64 * #% $+#0->52"3>=69* #<! .;>526

6 * #% $+#0->52"3>=69* #<! .;>526

63 * #% $+#0->52"3>=69* #<! .;>526

66 * #% $+#0->52"3>=69* #<! .;>526

62 * #% $+#0->52"3>=69* #<! .;>526

69 * #% $+#0->52"3>=69* #<! .;>526

6 * #% $+#0->52"3>=69* #<! .;>526

65 * #% $+#0->52"3>=69* #<! .;>526

6= * #% $+#0->52"3>=69* #<! .;>526

29 * #% $+#0->52"3>=69* #<! .;>522

2 * #% $+#0->52"3>=69* #<! .;>522

25 * #% $+#0->52"3>=69* #<! .;>522

2= * #% $+#0->52"3>=69* #<! .;>522

9! , (#%$ -(*."/#- , "#,# ;-?" *<-2

93 * #% $+#0->=4"= , ; 7*%4>=42

4##(+"-.%(#(#"-(."<"(#"(',-?" *<-9

 @<-9

3-(."<,##; -#"-.%(#(- ;-(#<#- % "<

3(#"(-($ #""#" 0(/.$%".%;-(."<#%#;"(34

=6/$( ( ,-$-* "@"#<-'*.$%",*! , (*A "(-36

=2/$( "(#"(( ,-* ! ((/ #0#'#**%"#$% ;#(-(#?#$#( , (-(#?

" (-36

=9/$( ( ,-$-* "@"#<-'*.$%",*! , (*A "(-36

=**%"#$%(+'#"(32

4/(<(% 32

43 @<-32

46! ;%#0%"(#<##0#'"(#"(-3

46 * #% $+#0->=2"4 78.%+>=23=

463%<"#%-.$!-,#+#**(*."/#-;#; (3=

465(#"(- %#( (@-/#0%%' "- !#<3>

46=(#( #; " -( <'+/ #D.#( -%"#<'"(#"<;",*# -C! 

 #--'"/-;",*# -(/ #D.#(  1%#/,#3>

42<" -64

49( (-'$<" -64

4;"., (-($ @% 6

45/ "1$ !"#$% % & '" ((#"",*#+$6

4=& -(#( , (. #(/(#"",*#+$63

4>#( $-63

4* ;'$-66

2E"('(  -(65

9%%.-#,;$ -,#( #%-.**% -65

-"%-. '( ,-'$-.$%"#; "+ ; ; -<,#( -6=

50#((/ (/#%0 -($ 6=

= D.#%@"#<'$ -6>

> A "<'$-6>

> (#"(#"(($  ;<#( 0/ $- " ! 24

34--;, ('"(#"(-24

3/#;  -# #24

33#?*#+ -.(-( A ? ".<'.%#0'.%"(#"(-26

39"".<;*" . 22

3-(."<'" #"".($#--22

35(#"(-,# $+#*.$%" <(+**%"#$%(+22

62-.#" $($ - ". ',"# %" - 1%#/,#25

69.$%"#; " -)" -(( ? (E. " *".;*#<".%#$-.#" 

25

6E"(-0(/'  #%.% -# ;.%#<-#0-;! ;25

65 ,#<'" (#.* ', "(#"(-2=

6="%%.-#)#!(#&#"/ ($-.$,& (-"/%-("(".(+,."*#%(+

2=

6>.(/(+( ( ("* #<! *."/#-;#; , (-2=

9 * #% $+#0-34"62 7!342>

93 * #% $+#0-34"62 7!3494

343 @<-94

343 -;$.%##(-1"-(."<,##; , (*A "( %! +, (/-

.(/I#< D. ? ,*<-93

346(#( :#"%< - "(92

342 *#(, (' #%-(#(  !" -%#; ! 0##**!#%92

342?* 95

349"" --( "-95

34 * #% $+#0->>="626= , ; 78. =>>=95

34 * #% $+#0->>="626= , ; 78. =>>=95

345 * #% $+#0-3444"6632 , ; 78. 344495

,##; , (#,#( #" 9=

34=(#"<;'"-(."<- !" -: 4

34=3(#( -(."< !%!;:.4

34=6? ,*(  << -,*%#" 0(/#"(

34>.% ,#1;

34 %-/# -#!;-"(#"(3

3 % "<' D.*, (%' "+"% "-(##%+--$#--6

33 ',#" $#-  )" "+"(#"(-%( #<! ($;*" --'" (#

"(#"(-6

36.$%"$.%;  ;+# !, (#%* ',#" *;#,9

35-(."<,##; -C& "(#"( D. C" . '#0#;01

334 * #% $+#0-34>"3>> 78#3434=

33/(<(% >

. -(#;-53

64* (+*."/#- ',-* "@"#***#<-#-' (#(/  *#(, (

-<(.<56

645* (+"! + '*.$%""%% ; .! -(+C,*% , (#<'(#-' (

 -;#( $#' ; (-,(#<- 56

64=%;#-% #- '%#-'* #% % ,-+#+-<(.<-52

64>%;#-#, #%% #- -.*-(#( %#-%%;"(#"(-<" -*-<'

+#%< -$.- - (#%-52

64%#;#-% #- -.* -"$ -(#( 0 %#-59

68.-"<! %#-"!  $+% #- 5

65%#;#-, #%% #- -'-(#( %#-(/ (/##*(%%#-#*#10#+-5=

6= #- '** (+', %+"".* $+.-- %%%-, 5=

6>.*- .- '0/"/% #- 5>

634 * #% $+#0-346"34>25 78.%+3465>

63! -<;#<*'& +  #%:%;5>

633#- , (#;/('0#+;#(-? ,*<-=4

636 #- -? ,*<-=4

632 "(((#1 "/#; ,##; #% #- =

639! (+##**#-#%#% =3

63-*-<'*" - #- -'%#;#-*.*- -=6

664 ,-#"<-'% #- >3

664 ";' ')" '##; , (#( *-  !" ->6

66 #- '(/ -.*%.-%##(#.%-J#%% +>6

663 * #% $+#0-342"3=4 7!342>2

666 * #% $+#0-349"39>2

Dollars ($50,000.00) for construction or repair of a public or

private building, structure, or improvement on public real property,

the person that receives the award shall:

1. Furnish a bond with good and sufficient sureties payable to

the state in a sum not less than the total sum of the contract; or

2. Cause an irrevocable letter of credit, containing terms the

Office of Management and Enterprise Services prescribes, to be issued

for the benefit of the state by a financial institution insured by

the Federal Deposit Insurance Corporation in a sum not less than the

total sum of the contract.

contract requires the contractor to furnish.

C. For a contract not exceeding Fifty Thousand Dollars

($50,000.00), in lieu of a bond or irrevocable letter of credit, the

contractor shall submit an affidavit of the payment of all

indebtedness incurred by the contractor, the contractor’s

subcontractors, and all suppliers of labor, material, rented

machinery or equipment, and repair of and parts for equipment used or

consumed in the performance of the contract. The execution of the

affidavit with knowledge that any of the contents of the affidavit

are false, upon conviction, shall constitute perjury, punishable as

1, eff. Nov. 1, 1983; Laws 1986, c. 110, § 1, emerg. eff. April 9,

1986; Laws 1989, c. 286, § 5, operative July 1, 1989; Laws 1992, c.

239, § 1, emerg. eff. May 19, 1992; Laws 2000, c. 363, § 1, emerg.

eff. June 6, 2000; Laws 2006, c. 271, § 1, eff. July 1, 2006; Laws

2012, c. 241, § 1, eff. July 1, 2012; Laws 2012, c. 304, § 302.

§61-1.1. Repealed by Laws 2006, c. 271, § 37, eff. July 1, 2006.

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

A. Bonds shall be filed in the office of the agency,

institution, department, commission, municipality or government

instrumentality that is authorized by law and does enter into

claiming any rights thereunder. Any person to whom there is due any

sum for labor, material or repair to machinery or equipment,

furnished as stated in Section 1 of this title, the heirs or assigns

of such person, may file a claim or bring an action on the bond for

the recovery of the indebtedness, provided that no action shall be

brought on the bond after one (1) year from the day on which the last

of the labor was performed or material or parts furnished for which

the claim is made unless a prior claim has been filed within one (1)

year from the day on which the labor was performed or material or

but no contractual relationship express or implied with the

contractor furnishing the payment bond, shall have a right of action

upon the payment bond only upon giving written notice to the

contractor and surety on the payment bond within ninety (90) days

from the date on which such person did or performed the last of the

labor or furnished or supplied the last of the material or parts for

which the claim is made, stating with substantial accuracy the amount

claimed and the name of the party to whom the material or parts were

furnished or supplied or for whom the labor was done or performed.

The notice shall be served by mailing the same by registered or

pursuant to this section, shall also provide that the contractor

shall pay all state and local taxes accruing as a result of the

contract, any liquidated damages as provided by the contract and any

overpayment of progressive estimates resulting in a balance due and

owing the Department of Transportation or the Oklahoma Turnpike

2. A claim against the bond or irrevocable letter of credit for

was payable. The claim shall be made within six (6) months from the

date on which the tax became delinquent. Notice of the delinquent

tax shall be sent by certified mail to the surety, and a copy of the

notice shall be sent to the contractor. Nothing in this paragraph

entity within one (1) year from the date of final acceptance of the

project. Notice of the overpayment shall be sent by certified mail

to the surety and a copy of the notice shall be sent to the

contractor. Nothing in this paragraph shall be construed as to

release, at any time, the contractor from the responsibility of

refunding any amount overpaid on progressive estimates which are due

and owing the Department of Transportation.

R.L.1910, § 3882. Amended by Laws 1955, p. 335, § 2, emerg. eff.

June 6, 1955; Laws 1961, p. 459, § 2, emerg. eff. May 15, 1961; Laws

§61-3. Working day for public employees.

A. Except as provided in subsection B of this section, eight (8)

hours shall constitute a day's work for all public employees not

otherwise exempt from or covered by special provisions under the

federal Fair Labor Standards Act, 29 U.S.C.A., Section 201 et seq.

and regulations thereto. In cases where it may be necessary to work

more than eight (8) hours per calendar day which results in more than

forty (40) hours worked per week, all public employees not otherwise

exempt from or otherwise covered by special provisions under the

federal Fair Labor Standards Act and regulations related thereto or

forty (40) hours per workweek who is not exempt from or covered by

special provisions under the overtime provisions of the Fair Labor

Standards Act, the employee shall be compensated in accordance with

the Fair Labor Standards Act and regulations related thereto. For

purposes of this section, “public safety professionals” means

emergency medical service profession.

55, § 1, eff. July 1, 2009.

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

All contracts hereafter made by or on behalf of the state, or by

made upon the basis of eight (8) hours constituting a day's work; and

it shall be unlawful for such corporation, person or persons, to

require, aid, abet, assist, connive at, or permit any laborer,

workman, mechanic, prison guards, janitors in public institutions, or

other person to work more than eight hours per calendar day in doing

such work, except in cases and upon the conditions provided in the

preceding section.

Provided that the provisions of this act in regard to hours

worked per calendar day shall not apply to the construction,

those hours worked over forty (40) during any calendar week.

R.L. 1910, § 3758; Laws 1949, p. 413, § 1.

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

Any officer of the state, or of any county, city, township, or

other municipality, or any person acting under or for such officer,

or any contractor with the state, or any county, city, township, or

other municipality thereof, or other persons violating any of the

provisions of the two preceding sections, shall for each offense be

fined in any sum not less than Fifty Dollars ($50.00), nor more than

From and after the passage and approval of this act, in the

construction of all public buildings erected for the state; for any

county for educational, eleemosynary, penal or other institution of

the state, or for any county thereof, where the expense of

construction is borne wholly or in part by the state, or county, by

shall be given to materials mined, quarried, manufactured or procured

at no greater expense than like material or materials of equal

quality from without the state.

Laws 1910-11, c. 76, p. 174, § 1.

The provisions of Sections 1 and 2 shall not apply to contracts

entered into prior to the approval of this act.

Laws 1910-11, c. 76, p. 175, § 3.

§61-9. Oklahoma labor and materials in construction or repair of

state institutions.

The Governor, the Director of Central Services, the Board of

Regents for Higher Education, and any agent or agency of the State of

Oklahoma who shall be authorized to expend funds for the construction

standards of labor and material available from outside the state and

can be procured at a cost no higher than the same quality of labor or

material available from outside this state.

Added by Laws 1949, Ex. Sess., p. 23, § 1. Amended by Laws 1983, c.

304, § 42, eff. July 1, 1983; Laws 2002, c. 294, § 1, eff. Nov. 1,

2002.

§61-10. Preference for Oklahoma labor and materials in certain

construction.

The Governor, the Director of Central Services, the Oklahoma

doing such construction and repair wherever such Oklahoma labor and

materials are available and the quality of such labor or materials

meet the standards of labor and material available from outside the

state and can be procured at a cost no higher than the same quality

of labor or material available from outside this state.

by Laws 1983, c. 304, § 43, eff. July 1, 1983; Laws 2002, c. 294, §

§61-11. Public buildings - Facilities for handicapped - Additions to

existing buildings.

A. Unless otherwise provided for by law, all plans and

governmental bodies exercising their authority to contract with

construction managers and/or consultants. The term also means any

quasi-governmental and nongovernmental organizations contracting with

construction managers and/or consultants using public funds or on

behalf of a political subdivision.

Added by Laws 1974, c. 156, § 1. Amended by Laws 1981, c. 346, § 1,

eff. Jan. 1, 1982; Laws 1983, c. 304, § 47, eff. July 1, 1985; Laws

2000, c. 363, § 3, emerg. eff. June 6, 2000; Laws 2001, c. 399, § 2,

emerg. eff. June 4, 2001; Laws 2002, c. 294, § 7, eff. Nov. 1, 2002;

A. The Department of Real Estate Services of the Office of

Management and Enterprise Services shall maintain a file of all

persons and entities interested in and capable of performing

construction management and consultant services for state agencies.

The file shall include registration forms and information submitted

by construction managers and consultants pursuant to rules

promulgated by the Office of Management and Enterprise Services.

Pursuant to rules promulgated by the Office, the Department shall

determine whether a construction manager or consultant qualifies for

registration and shall notify the construction manager or consultant

descriptions. The state agency may request the Department to assist

with scope development. The state agency shall send the scope and a

requisition for construction management or consultant services,

signed by an authorized official, to the Department. The Department

shall review the scope and approve it before the state agency issues

C. The state agency shall issue a solicitation to construction

capable of providing the services the state agency desires. The

solicitation shall, at a minimum, contain:

1. Description and scope of the project;

2. Estimated construction cost or available funds, anticipated

4. Closing date for construction manager or consultant to give

notice of interest to the state agency; and

5. Additional data the state agency requires from the

construction manager or consultant. The closing date for submission

of construction manager or consultant notice of interest for

consideration shall be within thirty (30) days of the date of the

notice the state agency issues.

D. After the closing date, the Department shall provide

information from the construction managers' or consultants' files to

construction managers or consultants per contract for interviews.

The review shall include consideration of factors from the

information the Department supplies including, but not limited to:

1. Professional qualifications for the type of work

contemplated;

2. Capacity for completing the project in the specified time

period; and

3. Past performance on projects of a similar nature.

F. The Department shall advise the state agency of the methods

to be used to conduct an evaluation, interview, selection, contract

2. If the Department and the first-choice construction manager

or consultant cannot reach an agreement, the negotiations shall

terminate and negotiations with the second-choice construction

manager or consultant shall commence. If the Department and the

second-choice construction manager or consultant cannot reach an

third-choice construction manager or consultant shall commence. If

consultant cannot reach an agreement, then all negotiations shall

terminate. Should the Department be unable to negotiate a

satisfactory contract with any of the three selected construction

managers or consultants, the Department shall select additional

H. Any plans developed pursuant to the process for selection of

a contractor for construction of a facility authorized pursuant to

Section 183 of Title 73 of the Oklahoma Statutes shall become the

property of the State of Oklahoma as a condition of the award of the

final contract for construction of the facility.

I. For all state agencies subject to the Public Facilities Act,

Sections 202 through 213 of this title, the Department shall perform

the necessary procurement actions on behalf of a requisitioning

agency as enumerated in subsections B through H of this section:

4. Provide contract management services after award of a

construction management or consultant contract.

J. In the selection of a consultant, all political subdivisions

of this state shall select a consultant based upon the professional

qualifications and technical experience of the consultant. The

subdivision shall negotiate a contract with the highest qualified

consultant, provided that a fee can be negotiated that is fair and

reasonable to both parties. In the event a reasonable fee cannot be

negotiated with the selected consultant, the subdivision may

negotiate with other consultants in order of their qualifications.

they intend on seeking proposals;

2. Evaluate the candidates' professional qualifications,

licensing, registration, certifications, technical abilities and past

experience relevant to the contemplated project. Only firms

recognized as qualified construction managers by the Department of

Services pursuant to this section may be considered for selection as

described in this section and the Public Construction Management Act

for Political Subdivisions or may adopt procedures established by the

Office of Management and Enterprise Services for state agencies; and

3. The political subdivision shall select a construction manager

both parties. In the event a reasonable fee cannot be negotiated

with the selected construction manager, the political subdivision may

negotiate with other construction managers in order of their

qualifications.

Added by Laws 1974, c. 156, § 2. Amended by Laws 1981, c. 346, § 2,

eff. Jan. 1, 1982; Laws 1983, c. 304, § 48, eff. July 1, 1985; Laws

1989, c. 300, § 14, operative July 1, 1989; Laws 1997, c. 133, § 82,

eff. July 1, 1997; Laws 2000, c. 363, § 4, emerg. eff. June 6, 2000;

Laws 2001, c. 298, § 1, emerg. eff. May 31, 2001; Laws 2002, c. 294,

Except as provided by Sections 61 and 62 of this title and in

addition to other statutory requirements, all construction manager,

consultant, and construction contracts shall be in accordance with

the provisions of the Public Building Construction and Planning Act.

Added by Laws 1983, c. 304, § 168, eff. July 1, 1983. Amended by

Laws 2000, c. 363, § 5, emerg. eff. June 6, 2000; Laws 2006, c. 271,

§ 8, eff. July 1, 2006.

§61-62.2. Contracts for minor services.

The Construction and Properties Division of the Office of

requisitioning state agency shall reimburse the Division for the fee

of the construction manager or consultant that provides the services.

Added by Laws 2000, c. 363, § 6, emerg. eff. June 6, 2000. Amended

by Laws 2002, c. 294, § 9, eff. Nov. 1, 2002; Laws 2006, c. 271, § 9,

eff. July 1, 2006; Laws 2012, c. 304, § 308.

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

a construction manager or consultant for a state agency shall be the

property of this state, and shall be delivered to the Department of

Real Estate Services of the Office of Management and Enterprise

Services. The state agency shall file such plans with the Department

Added by Laws 1974, c. 156, § 3. Amended by Laws 1983, c. 304, § 49,

eff. July 1, 1983; Laws 2000, c. 363, § 7, emerg. eff. June 6, 2000;

Laws 2002, c. 294, § 10, eff. Nov. 1, 2002; Laws 2006, c. 271, § 10,

eff. July 1, 2006; Laws 2012, c. 304, § 309; Laws 2013, c. 302, § 4,

eff. Nov. 1, 2013.

§61-64. Misdemeanor offenses - Punishment.

Any construction manager or consultant or person doing

architectural, surveying or engineering work for the State of

conviction thereof shall be fined not less than One Hundred Dollars

($100.00) nor more than Five Hundred Dollars ($500.00), and by

imprisonment in the county jail for not less than six (6) months nor

more than one (1) year. Any contractor or builder of any public

building or works, their agents, servants or employees, who shall

offer any gratuity or political contribution to any construction

manager or consultant doing architectural, surveying or engineering

work for the State of Oklahoma, or who attempts to interfere with the

competitive bidding process of the State of Oklahoma in any manner,

is guilty of a misdemeanor, and upon conviction thereof shall be

§61-65. Application of act - Emergencies.

A. In addition to the conditions prescribed pursuant to

subsections C and D of this section, the provisions of Section 62 of

this title shall not apply whenever the Department of Real Estate

Services of the Office of Management and Enterprise Services with

affected declares that an emergency exists. The construction manager

the Department of Real Estate Services of the Office of Management

and Enterprise Services. The resulting construction manager or

consultant contract shall not exceed Fifty Thousand Dollars

($50,000.00). The reasons for the emergency shall be recorded in the

1. A sudden unexpected happening or unforeseen occurrence if it

is impossible for the provisions of Section 62 of this title to be

observed because of the time factor and if the public health or

safety is endangered; and

2. A condition or situation which, if allowed to continue, would

lead to economic loss to the state or to further damage of state

property.

C. The provisions of Section 62 of this title shall not apply to

the process for construction of a correctional facility whenever the

implement an expedited competitive bid process for the contracting of

construction managers or consultants and construction of new or

expanded correctional facilities that adequately respond to the

emergency. The State Board of Corrections shall provide written

notification to the Governor, the Speaker of the House of

Representatives and to the President Pro Tempore of the Senate of the

emergency conditions.

D. The provisions of Section 62 of this title shall not apply to

CompSource Oklahoma if CompSource Oklahoma is operating pursuant to a

pilot program authorized by Sections 3316 and 3317 of Title 74 of the

2013.

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

This act shall be known and may be cited as the “Fair and Open

Competition in Governmental Construction Act”. The purposes of this

services by governmental units; to promote the economical,

state and state-funded or state-assisted construction projects; to

provide for fair and open competition for construction contracts,

grants, tax abatements, and tax credits awarded by governmental

units; to prohibit requirements for certain terms in construction

documents for certain expenditures by governmental units involving

public facilities; and to provide powers and duties for certain

public officers, employees, and contractors.

Added by Laws 2012, c. 145, § 1, eff. Nov. 1, 2012.

§61-82. Definitions.

As used in the Fair and Open Competition in Governmental

Construction Act:

1. "Public improvement" means any beneficial or valuable change

2. "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.

Added by Laws 2012, c. 145, § 2, eff. Nov. 1, 2012.

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

specifications, project agreements, or other controlling documents,

include:

1. A term that requires, prohibits, encourages, or discourages

bidders, contractors, or subcontractors from entering into or

adhering to agreements with a collective bargaining organization

projects; and

subcontractors based on the status as a party or nonparty to, or the

willingness or refusal to enter into, an agreement with a collective

bargaining organization relating to the construction project or other

related construction projects.

A public agency shall not award a grant, tax abatement, or tax

credit that is conditioned upon a requirement that the awardee

include a term described in Section 3 of the Fair and Open

Competition in Governmental Construction Act in a contract document

for any construction, improvement, maintenance, or renovation to real

property or fixtures that are the subject of the grant, tax

abatement, or tax credit.

Added by Laws 2012, c. 145, § 4, eff. Nov. 1, 2012.

agreements, or other controlling documents relating to the

construction, repair, remodeling, or demolition of a public

improvement. Any such included term is void and of no effect.

Added by Laws 2012, c. 145, § 5, eff. Nov. 1, 2012.

§61-86. Applicability of act.

A. The requirements of the Fair and Open Competition in

Governmental Construction Act do not apply to public construction

contracts executed before November 1, 2012.

B. The Fair and Open Competition in Governmental Construction

169; or

3. Prohibit a public agency from awarding a public contract,

grant, tax abatement, or tax credit to a private owner, bidder,

contractor, or subcontractor who enters into or who is party to an

agreement with a collective bargaining organization, if being or

bargaining organization is not a condition for award of the public

agency does not discriminate against a private owner, bidder,

contractor, or subcontractor in the awarding of that grant, tax

abatement, or tax credit based upon the status as being or becoming,

or the willingness or refusal to become, a party to an agreement with

This act shall be known and may be cited as the "Public

Competitive Bidding Act of 1974".

Added by Laws 1974, c. 298, § 1, operative Aug. 1, 1974.

§61-102. Definitions.

As used in the Public Competitive Bidding Act of 1974:

1. "Administrator" means the State Construction Administrator of

the Construction and Properties Division of the Office of Management

and Enterprise Services;

written instruments prepared by or on behalf of an awarding public

agency for use by prospective bidders on a public construction

contract;

4. "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;

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

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

expended on or for the contract unless the public tax revenues used

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

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

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;

contracts exceeding Fifty Thousand Dollars ($50,000.00) shall be let

and awarded to the lowest responsible bidder, by open competitive

bidding after solicitation for sealed bids, in accordance with the

provisions of the Public Competitive Bidding Act of 1974. No work

shall be commenced until a written contract is executed and all

the awarding public agency.

public construction contracts exceeding Fifty Thousand Dollars

($50,000.00), counties, cities, other local units of government and

any public trust with a county or a municipality as its sole

beneficiary may provide for a local bid preference of not more than

3. The names of all persons having any such business

relationships and the positions they hold with their respective

companies or firms. If none of the business relationships

hereinabove mentioned exist, then a statement to that effect.

Added by Laws 1974, c. 298, § 8, operative Aug. 1, 1974. Amended by

Laws 2008, c. 212, § 1, emerg. eff. May 19, 2008.

§61-109. Late bids.

Any bid received by the awarding public agency or an officer or

§61-110. Opening of bids.

A. Except as provided by subsection B of this section, all bids

shall be sealed and opened only at the time and place mentioned in

the bidding documents, and read aloud in the presence of an

administrative officer of the awarding public agency. Such bid

opening shall be open to the public and to all bidders.

B. The Oklahoma Department of Transportation and the Oklahoma

Turnpike Authority shall be exempt from the requirements provided in

subsection A of this section, if the agency electronically publishes

The awarding of a contract to the lowest responsible bidder or

bidders shall be made within thirty (30) days after the opening of

bids unless the governing body of the awarding public agency, by

formal recorded action and for good cause shown, provides for a

reasonable extension of that period, which extension period shall not

are involved, or not to exceed ninety (90) days on any award of

utilized which are furnished by an agency of the United States

Government. Upon mutual written agreement between the lowest

responsible bidder or bidders and the awarding public agency, the

Division or awarding public agency may extend the contract award

Added by Laws 1974, c. 298, § 11, operative Aug. 1, 1974. Amended by

Laws 2006, c. 271, § 17, eff. July 1, 2006; Laws 2015, c. 198, § 1,

eff. Nov. 1, 2015.

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

All bids, both successful and unsuccessful, and all contracts and

required bonds shall be placed on file and maintained in the main

office of the awarding public agency for a period of five (5) years

from the date of opening of bids or for a period of three (3) years

§61-113. Execution of contract.

A. Except as otherwise provided by law, within the period of

time, not to exceed sixty (60) days, specified in the bid notice by

the awarding public agency, a contract embodying the terms set forth

in the bidding documents shall be executed by the awarding public

agency or, where construction management at-risk is the project

delivery method, by the construction manager and the successful

bidder. No bidder shall obtain any property right in a contract

awarded under the provisions of the Public Competitive Bidding Act of

1974 until the contract has been fully executed by both the bidder

provisions of Section 1 of this title;

2. A bond in a sum equal to the contract price, with adequate

surety, or an irrevocable letter of credit containing terms

prescribed by the Construction and Properties Division of the Office

of Management and Enterprise Services issued by a financial

the Federal Savings and Loan Insurance Corporation for the benefit of

the contract price, to ensure the proper and prompt completion of the

work in accordance with the provisions of the contract and bidding

documents;

3. A bond in a sum equal to the contract price or an irrevocable

public agency, in a sum equal to the contract price, to protect the

awarding public agency against defective workmanship and materials

for a period of one (1) year after acceptance of the project, except

when the awarding public agency is the Department of Transportation

or the Oklahoma Turnpike Authority, in such case the period shall be

for one (1) year after project completion; and

4. Public liability and workers' compensation insurance during

construction in reasonable amounts. A public agency may require the

contractor to name the public agency and its architects or engineers,

of subsection B of this section.

If the contractor needs additional time in which to obtain the

bond required pursuant to subsection B of this section, the

contractor may request and the awarding agency may allow the

contractor an additional sixty (60) days in which to obtain the bond.

D. 1. After the award of a contract, but prior to its

execution, an awarding public agency, upon discovery of an

administrative error in the award process that would void an

otherwise valid award, may suspend the time of execution of the

contract. The agency may rescind the award and readvertise for bids,

governing body that an error has been made in the award process and

shall state the nature of the error. The governing body, upon

presentation of the facts of the error, may rescind the award and

readvertise for bids, or may direct correction of the error and award

the contract to the lowest responsible bidder, whichever shall be in

E. No public agency shall require for any public construction

on acquiring or participating in, any wrap-up, wrap-around, or

controlled insurance program. For the purposes of this subsection,

"wrap-up, wrap-around, or controlled insurance program" means any

insurance program that has the effect of disabling or rendering

public or the need exists for a specialized or complex insurance

program and shall not apply to contracts less than Seventy-five

Million Dollars ($75,000,000.00).

F. This act shall not apply to the public construction projects

of constitutional agencies which had authorized a wrap-up, wrap-

around, or controlled insurance program on or before April 11, 2000.

Added by Laws 1974, c. 298, § 13, operative Aug. 1, 1974. Amended by

Laws 1975, c. 266, § 8, emerg. eff. June 5, 1975; Laws 1986, c. 110,

§ 3, emerg. eff. April 9, 1986; Laws 1987, c. 26, § 1, eff. Nov. 1,

eff. July 1, 2006; Laws 2011, c. 362, § 2, eff. Nov. 1, 2011; Laws

2012, c. 304, § 314; Laws 2017, c. 93, § 1, emerg. eff. April 25,

2017; Laws 2019, c. 299, § 3, eff. Jan. 1, 2020.

§61-113.1. Partial payment - Retainage.

A. A public construction contract shall provide for partial

payment based upon work completed. The contract shall provide that

up to five percent (5%) of all partial payments made shall be

withheld as retainage.

B. The Department of Transportation or the Oklahoma Turnpike

1983, c. 67, § 1, emerg. eff. April 29, 1983; Laws 1995, c. 200, § 2,

emerg. eff. May 19, 1995; Laws 1997, c. 278, § 4, emerg. eff. May 27,

1997; Laws 2006, c. 271, § 19, eff. July 1, 2006; Laws 2011, c. 99, §

1, eff. Nov. 1, 2011.

The contractor may, from time to time, withdraw any part, or the

the contractor pursuant to the terms of contract, upon depositing

with or delivery to the awarding public agency, or other appropriate

public official designated in the contract document: (1) United

States Treasury bonds, United States Treasury notes, United States

excess of the market value of the securities at the time of deposit

or of the par value of such securities, whichever is lower.

At the time of deposit of any securities the same shall be

endorsed, if necessary, and shall be accompanied by a conditional

assignment to the awarding public agency, or to the other public body

designated as "owner" in the contract documents, which will empower

the awarding public agency, or other appropriate public official

designated to have custody of same, to negotiate same at any time to

the extent necessary to cause the contract to be fulfilled. The

§61-113.3. Interest - Rate.

When interest is due the contractor, all awarding public

agencies, other than school districts, shall pay to the contractor

interest at the rate of one and one-half percent (1 1/2%) per month

of the final payment due the contractor. When interest is due to the

contractor, school districts shall pay to the contractor interest at

the rate of three fourths percent (3/4%) per month of the final

payment due the contractor. For lump sum contracts the interest

shall commence thirty (30) days after the work under the contract has

been completed and accepted and all required material certifications

contract quantities or the final payment amount is in dispute, the

interest-bearing period shall be suspended until the conclusion of

arbitration and settlement of the dispute.

Added by Laws 1977, c. 74, § 4, eff. Oct. 1, 1977. Amended by Laws

2006, c. 271, § 20, eff. July 1, 2006.

§61-114. Conflict of interest.

body of the awarding public agency authorizing or awarding or

supervising the execution of a public construction contract, and

their relatives within the third degree of consanguinity or affinity,

are forbidden to be interested directly or indirectly through stock

Added by Laws 1974, c. 298, § 14, operative Aug. 1, 1974. Amended by

Laws 1997, c. 133, § 515, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date

of Laws 1997, c. 133, § 515 from July 1, 1998, to July 1, 1999.

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

Any agreement or collusion among bidders, prospective bidders or

material suppliers in restraint of freedom of competition by

agreement to bid at a fixed price or to refrain from bidding, or

to the appropriate public agency requesting bids.

Added by Laws 1974, c. 298, § 15, operative Aug. 1, 1974. Amended by

Laws 1980, c. 339, § 1, emerg. eff. June 25, 1980; Laws 1997, c. 133,

§ 516, eff. July 1, 1999; Laws 2002, c. 294, § 18, eff. Nov. 1, 2002;

Laws 2008, c. 212, § 2, emerg. eff. May 19, 2008.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 516 from July 1, 1998, to July 1, 1999.

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

estimates.

bid, in advance of the date on which said bid notice is to be made

equally and uniformly known to all prospective bidders and the

public, and it shall further be unlawful for any employee of a public

agency to withhold or impede the distribution of said information

after notice of the bid has been given, unless the solicitation of

been deleted or replaced through alteration of the bid notice and

known. Any violation of this subsection shall be a felony and shall

render the proceedings void and require solicitation and award anew.

B. The estimate of the actual cost of the project made by the

public agency, construction manager or consultant for the agency

4, emerg. eff. May 19, 1992; Laws 1997, c. 133, § 517, eff. July 1,

1999; Laws 1999, c. 341, § 2, eff. Nov. 1, 1999; Laws 2000, c. 66, §

1, emerg. eff. April 14, 2000; Laws 2002, c. 294, § 19, eff. Nov. 1,

2002; Laws 2006, c. 271, § 21, eff. July 1, 2006.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 517 from July 1, 1998, to July 1, 1999.

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

If an award is made to other than the lowest bidder, the awarding

§61-118. Prequalification of bidders.

A. In order to determine the responsibility of bidders, the

awarding public agency may require prospective bidders, general

contractors, subcontractors and material suppliers to prequalify as

responsible bidders prior to submitting bids on a public construction

contract. Prequalification to bid or perform work pursuant to this

section does not constitute a license. Except as provided in

subsection B of this section, prequalification shall not serve as a

substitute for a license otherwise required by law. Notice of any

such prequalification requirement shall be made equally and uniformly

B. The Oklahoma Transportation Commission and the Oklahoma

Transportation Authority may establish a system for prequalifying

prospective bidders on construction and maintenance contracts to be

awarded by the Commission or Authority. The Commission and the

Authority shall be the sole judge of the qualifications of

satisfaction, the qualifications of each prequalified bidder. Any

this act performing signing, highway lighting, or traffic signal

installation or maintenance for the Oklahoma Department of

Transportation or the Oklahoma Transportation Authority shall be

allowed to continue to bid and perform such work without obtaining

Added by Laws 1974, c. 298, § 18, operative Aug. 1, 1974. Amended by

Laws 1992, c. 239, § 5, emerg. eff. May 19, 1992; Laws 1994, c. 203,

§ 2, eff. July 1, 1994; Laws 2000, c. 66, § 2, emerg. eff. April 14,

2000; Laws 2002, c. 294, § 20, eff. Nov. 1, 2002; Laws 2008, c. 212,

§ 3, emerg. eff. May 19, 2008.

§61-119. Rejection of bids.

By majority action of the governing board of the awarding public

agency or the chief administrating officer of an awarding public

Laws 2002, c. 294, § 21, eff. Nov. 1, 2002.

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

received.

A. If no timely bid is received after bid notices have been

published on any proposed public construction contract which does not

exceed Fifty Thousand Dollars ($50,000.00):

1. The governing body of a county, city, town or school district

may direct its employees or agents to negotiate the contract with a

prospective contractor; or

Thousand Dollars ($50,000.00) and the work to be performed shall be

as specified in the initial bidding documents. The contract shall be

executed within six (6) months after the date initially set for

opening of bids. The contract and contract procedure shall conform

to all other applicable provisions of the Public Competitive Bidding

Added by Laws 1980, c. 339, § 3, emerg. eff. June 25, 1980. Amended

eff. July 1, 2006.

§61-120. Assignment of contracts.

No public construction contract shall be assignable by the

awarding public agency not to be a responsible bidder in the

consideration of bids received for the particular contract.

Added by Laws 1974, c. 298, § 20, operative Aug. 1, 1974.

§61-121. Change orders or addenda.

A. Change orders or addenda to public construction contracts of

One Million Dollars ($1,000,000.00) or less shall not exceed a

fifteen percent (15%) cumulative increase in the original contract

amount.

readvertising for bids on the incomplete portions of the contract.

D. If the awarding public agency does not have a governing body,

the chief administrative officer of the awarding public agency shall

approve change orders. The State Construction Administrator of the

Construction and Properties Division of the Office of Management and

Enterprise Services, or the Administrator's designee, shall sign and

execute all contracts and change orders, as they relate to state

agencies.

E. If the awarding public agency has a governing body, all

change orders shall be formally approved by the governing body of the

with any approved change orders reported to the governing body at the

next regularly scheduled meeting.

F. The Oklahoma Veterans Commission, as the governing body of

the Oklahoma Department of Veterans Affairs, is authorized to

delegate to the Director of the agency the authority to approve

change order does not exceed Forty Thousand Dollars ($40,000.00) in

section. Change orders approved by the Director pursuant to a

delegation of authority shall be presented to the Commission during

the next regular meeting and the reasons for the orders recorded in

permanent records.

change orders on a construction contract provided that the individual

change order does not exceed Twenty-five Thousand Dollars

($25,000.00) in expenditure and complies with the limits established

by this section. The Administrator of the Division shall sign and

execute all contracts and change orders.

H. The Transportation Commission may, by rule, authorize the

Director of the Department of Transportation to approve change orders

in an amount of not to exceed Five Hundred Thousand Dollars

($500,000.00). Change orders approved by the Director shall be

during the next regular meeting and the reasons for the orders

recorded in permanent records.

I. All change orders for the Department of Transportation or the

Authority shall contain a unit price and total for each of the

following items:

1. All materials with cost per item;

2. Itemization of all labor with number of hours per operation

and cost per hour;

3. Itemization of all equipment with the type of equipment,

number of each type, cost per hour for each type, and number of hours

change order pertains to the unit price, the change order will not be

subject to subsection A or B of this section.

2. When the unit price change does not exceed Twenty Thousand

Dollars ($20,000.00), the unit price change order computation may be

based on an acceptable unit price basis in lieu of cost itemization

section.

($20,000.00), any unit price for a new item established at or below

the average eighteen-month-price history for the new item may be used

in lieu of cost itemization as required in paragraphs 1, 2, 3, 4 and

5 of subsection I of this section.

A. In addition to any authority to enter an agreement pursuant

to the Interlocal Cooperation Act, any school district, including a

technology school district, may either participate in, sponsor,

conduct or administer a cooperative purchasing agreement for the

acquisition of any commodities or services with one or more public

agencies in accordance with an agreement entered into between the

participants. Such cooperative purchasing may include, but is not

limited to, joint or multiparty contracts between public agencies and

open-ended state public procurement contracts.

cooperative purchasing may include, but is not limited to, joint or

multiparty contracts between public procurement units and open-ended

state public procurement unit contracts which are made available to

local public procurement units. Purchases made in accordance with

this subsection by a local public procurement unit shall be required

to satisfy any procurement regulation, including The Central

Purchasing Act, the Public Competitive Bidding Act, the Finance Act,

related administrative rules and federal regulations that may apply

due to the federal source of the funding for the anticipated

purchase.

organization in the United States not located in this state which, if

located in this state, would qualify as a public procurement unit;

and

3. "Cooperative or piggybacking purchasing agreement" shall mean

an agreement between a local public procurement unit and another

authorize the use of a contract procured by one of the parties to the

shall also mean an agreement that provides access to a product or

service that is lower in price than a comparable product or service

that is available through the usage of a statewide, multistate or

multigovernmental contract issued by the state Purchasing Division.

to utilize a mandatory purchasing contract as designated by the State

Purchasing Director.

Added by Laws 2017, c. 252, § 1, eff. Nov. 1, 2017.

§61-151. Repealed by Laws 2011, c. 34, § 1, eff. Nov. 1, 2011.

§61-152. Repealed by Laws 2011, c. 34, § 1, eff. Nov. 1, 2011.

§61-153. Repealed by Laws 2011, c. 34, § 1, eff. Nov. 1, 2011.

§61-157. Repealed by Laws 2011, c. 34, § 1, eff. Nov. 1, 2011.

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

Sections 202 through 213 of this title shall be known and may be

cited as the "Public Facilities Act".

Added by Laws 1983, c. 304, § 169, eff. Jan. 1, 1984. Amended by

Laws 1986, c. 301, § 20, operative July 1, 1986; Laws 2013, c. 302, §

6, eff. Nov. 1, 2013; Laws 2019, c. 299, § 5, eff. Jan. 1, 2020.

in a capital budget relative to state construction, maintenance, and

real estate services;

2. "Capital planning and asset management" means the processes

delegated to the Department of Real Estate Services for real property

data acquisition, data analysis and determination of capital

3. "Construction" means the process of planning, acquiring,

maintaining, leasing, disposing or demolishing any structure or

appurtenance thereto including facilities, utilities, or other

improvements to any real property but not including highways,

bridges, airports, railroads, tunnels, sewers not related to a

contract provision, to ensure the full, timely, and proper

performance of all phases of a construction project by all

contractors, suppliers, and other persons having responsibility for

project work and any guarantees or warranties pertaining thereto;

5. "Department" means the Department of Real Estate Services of

the Office of Management and Enterprise Services;

6. "Construction management" means a project delivery method

based on an agreement whereby the owner acquires from a construction

entity a series of services that include, but are not necessarily

without taking on financial risks for the execution of

the actual construction or time of performance, and the

owner contracts directly with those awarded trade

contracts for the work, and

b. "at-risk construction management" whereby the

construction entity, after providing agency services

during the pre-construction period:

(1) takes on the financial obligation to timely carry

out construction under a specified cost agreement,

and

title, or abstract services or possessing specialized credentials and

qualifications as may be needed to evaluate, plan or design for any

construction or public work improvement project, or to lease, acquire

or dispose of state-owned real property;

8. "Division" means the Construction and Properties Division of

9. "Energy performance index or indices" (EPI) means a number

structure, per square foot of floor space or per cubic foot of

occupied volume, as appropriate under defined internal and external

ambient conditions over an entire seasonal cycle. As experience

develops on the energy performance achieved with state construction,

10. "Facilities Director" or "SFD" means the State Facilities

Director of the Department of Real Estate Services of the Office of

Management and Enterprise Services;

11. "Life cycle costs" means the cost of owning, operating, and

maintaining the structure over the life of the structure. This may

be expressed as an annual cost for each year of the facility's use;

12. "Office" means the Office of Management and Enterprise

Services;

13. "Procurement" means buying, purchasing, renting, leasing,

the State of Oklahoma, 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 used for general repairs and

maintenance to state facilities;

15. "Shared savings financing" means the financing of energy

conservation measures and maintenance services through a private firm

which may own any purchased equipment for the duration of a contract.

Such contract shall specify that the private firm will be recompensed

either out of a negotiated portion of the savings resulting from the

conservation measures and maintenance services provided by the

state, whether elected or appointed, excluding only political

subdivisions, the Oklahoma State Regents for Higher Education and its

constituent institutions and the Commissioners of the Land Office.

Added by Laws 1983, c. 304, § 170, eff. Jan. 1, 1984. Amended by

Laws 1986, c. 83, § 1; Laws 1986, c. 301, § 21, operative July 1,

5, § 33, emerg. eff. March 21, 2001; Laws 2002, c. 294, § 28, eff.

c. 184, § 1; Laws 2013, c. 15, § 48, emerg. eff. April 8, 2013; Laws

2013, c. 302, § 7, eff. Nov. 1, 2013; Laws 2016, c. 71, § 3; Laws

2019, c. 299, § 6, eff. Jan. 1, 2020.

NOTE: Laws 2000, c. 363, § 14 repealed by Laws 2001, c. 5, § 34,

§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

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

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

C. Bids shall be publicly opened at the time and place

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

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.

§61-203. State Facilities Director.

registered professional engineer, a licensed architect or an

individual credentialed and experienced in the field of real property

administration who shall be appointed by and serve at the pleasure of

the Director.

C. The State Facilities Director or designee shall have

authority over planning, procurement, contracts, facility management,

property standards, state leasing and real estate brokerage services

as delegated to the Department.

D. The Director shall employ or contract with experts and

consultants as are necessary to perform the duties of the Department.

§ 320; Laws 2013, c. 302, § 9, eff. Nov. 1, 2013.

§61-204. Department of Real Estate Services - Planning, review and

approval.

A. The Department of Real Estate Services shall:

construction of state buildings, capital improvements, and

planning process shall include:

a. reporting by each state agency concerning facility

needs,

b. data acquisition of condition and performance

d. development of state agency long-range strategic

facility plans,

e. short-range project programming to identify budget

requests for facility capital improvements and asset

management decisions, and

f. an annual capital plan for all state agencies submitted

to the Legislature for line-item appropriation

requests;

2. Review and approve all construction plans and specifications

4. Select and hire consultants and construction managers for

projects as determined or approved by the Department. The Department

shall select, award and execute contracts to consultants and

construction managers that provide services to state agencies subject

to this act;

5. Develop and issue solicitations for award of state agency

contracts for construction services. The Department shall have final

approval authority for contracts and contract documents. Neither the

Department nor any public entity shall, for performance of work that

requires that a contractor be licensed by this state, issue a

7. Establish standards and policies as required to standardize

facility assessment and benchmarking, facility operations and

maintenance, asset preservation, design and energy standards, space

utilization, material testing, indexes of efficiency, economy, and

effectiveness;

operations and maintenance programs, deferred maintenance

capital needs, application of facility standards as established by

the Department, and performance outcomes of construction projects to

ensure maximum efficiency in the expenditure of state funds for asset

management and preservation of the state’s capital real property;

11. Report fraud or waste in any construction project by written

notification with documentation for the report to the Attorney

General. The Attorney General shall take appropriate action to

protect the interest of the state; and

12. Prequalify as good and sufficient insurance carriers,

bonding companies and surety companies to meet provisions of Sections

1 and 134 of this title. The Director shall promulgate rules to

establish criteria to determine whether a carrier or company is good

and sufficient. The prequalification requirement and process shall

the purposes of this section include:

1. The Department of Transportation with respect to highways,

bridges and dams;

2. The Oklahoma State Regents for Higher Education and its

constituent institutions;

3. The Military Department of the State of Oklahoma;

4. The Oklahoma Tourism and Recreation Department; and

5. The Department of Human Services.

C. Not later than December 31, 2012, with the advice of the

State Facilities Director, the Director of the Office of Management

budgeting process to a centralized annual capital plan appropriation

process, to be implemented no later than January 1, 2014.

Added by Laws 1983, c. 304, § 172, eff. Jan. 1, 1984. Amended by

Laws 1984, c. 279, § 13, operative July 1, 1984; Laws 1985, c. 294, §

10, emerg. eff. July 24, 1985; Laws 1986, c. 301, § 22, operative

1998, c. 364, § 17, emerg. eff. June 8, 1998; Laws 2000, c. 363, §

2002; Laws 2003, c. 277, § 2, eff. July 1, 2003; Laws 2006, c. 271, §

29, eff. July 1, 2006; Laws 2012, c. 184, § 2; Laws 2013, c. 15, §

50, emerg. eff. April 8, 2013; Laws 2013, c. 302, § 10, eff. Nov. 1,

2013.

NOTE: This section, from Laws 2009, c. 273, § 2, expired July 1,

2011. Laws 2009, c. 273, § 5 provides: "Sections 1 and 2 of this

act shall cease to have the force and effect of law on July 1, 2011."

§61-205. Access to records.

Employees of the Office of Management and Enterprise Services

designated by the Director of the Office shall have access to state

agency records that relate to state construction projects. The

Director may authorize review or audit of the records.

§61-206.1. Repealed by Laws 1998, c. 364, § 38, emerg. eff. June 8,

1998.

§61-207. Repealed by Laws 2000, c. 363, § 24, emerg. eff. June 6,

2000.

§61-207.1. Repealed by Laws 2000, c. 363, § 24, emerg. eff. June 6,

2000.

upon any real property of which this state will assume possession or

ownership by contract, option to purchase agreement, lease, or

otherwise. The term "practice of architecture" shall be defined as

those activities of an architect as provided for in Section 46.3 of

Title 59 of the Oklahoma Statutes. The terms "practice of

such terms are defined by Section 475.2 of Title 59 of the Oklahoma

B. The provisions of subsection A of this section shall not

apply to:

1. The Department of Human Services;

2. The Oklahoma Tourism and Recreation Department;

5. The Office of Management and Enterprise Services;

6. The State Department of Education and the public schools

subject to its jurisdiction;

7. The Department of Transportation;

8. The Oklahoma State System of Higher Education;

9. The Military Department of the State of Oklahoma;

10. The Oklahoma Municipal Power Authority;

11. The Department of Public Safety gun range;

12. CompSource Oklahoma if CompSource Oklahoma is operating

4, eff. Sept. 1, 1994; Laws 2000, c. 363, § 18, emerg. eff. June 6,

2000; Laws 2002, c. 294, § 30, eff. Nov. 1, 2002; Laws 2005, c. 86, §

1, eff. Nov. 1, 2005; Laws 2008, c. 319, § 6, eff. Nov. 1, 2008; Laws

2009, c. 454, § 6; Laws 2012, c. 304, § 323; Laws 2019, c. 495, § 9,

eff. Nov. 1, 2019.

NOTE: Editorially renumbered from § 207.1 of this title to avoid

duplication in numbering.

§61-207.3. Repealed by Laws 2000, c. 363, § 24, emerg. eff. June 6,

2000.

maintenance.

A. The Department of Real Estate Services of 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.

contracts and fees shall be performed by the Department.

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 Department may

1. Conserve energy consumption and optimize the energy

performance of new building construction;

2. Increase the demand for environmentally preferable building

materials, finishes, and furnishings;

3. Reduce the dependence of the state on imported sources of

energy through buildings that conserve energy and utilize local and

renewable energy sources;

4. Protect and restore the natural resources of the state by

avoiding development of inappropriate building sites;

a building project;

8. Ensure that the systems of each building project are

designed, installed, and tested to perform according to the design

intent and operational needs of the building; and

9. Authorize the Office of Management and Enterprise Services to

pursue ENERGY STAR designation from the United States Environmental

Protection Agency to further demonstrate the energy efficiency of a

public building project.

Added by Laws 2008, c. 418, § 1, eff. July 1, 2009. Amended by Laws

2012, c. 304, § 331; Laws 2013, c. 302, § 17, eff. Nov. 1, 2013.

Added by Laws 2019, c. 299, § 8, eff. Jan. 1, 2020.

§61-216. Definitions.

A. The Public Construction Management Act for Political

Subdivisions shall apply to political subdivisions of this state.

Political Subdivisions:

entity provides services to the owner without taking on financial

risks for the execution of the actual construction and/or time of

performance, and the owner contracts directly with those awarded

trade contracts for the work;

a. takes on the financial obligation to timely carry out

construction under a specified cost agreement, and

b. enters into written subcontracts for the work in

accordance with the Construction Management Procedures

for Political Subdivisions;

3. "Construction management" means a public construction project

delivery method based on an agreement whereby the owner acquires from

a construction entity a series of services that include, but are not

necessarily limited to, design review, scheduling, cost control,

governmental body formed pursuant to the laws of this state,

including, but not limited to, school districts, vocational education

districts, cities, counties, public trusts, public authorities,

commissions or other local governmental bodies exercising their

authority to contract for public construction delivery services. The

term also applies to quasi-governmental and nongovernmental

organizations delivering construction services using public funds or

on behalf of a political subdivision.

Added by Laws 2019, c. 299, § 9, eff. Jan. 1, 2020.

construction manager shall set forth the obligations of the parties,

which, at a minimum, shall include the construction manager's scope

of services, fees and expenses, as follows:

1. A construction management fee, which may be based on a

percentage of the construction cost or as defined in the contract;

construction manager to be reimbursed by the subdivision for normal

but not applicable to a particular subcontractor, trade contractor or

supplier; and

3. Other project-related expenses as set forth in the contract.

C. The procedures for awarding work under agency construction

2. Public bidding on individual bid packages will comply with

the requirements of the Public Competitive Bidding Act of 1974;

3. The construction manager shall evaluate all bids and

recommend the lowest responsible bidder to the subdivision, who shall

accept or reject the bids. The construction manager may assist the

subdivision with the preparation of contracts and the receipt of

insurance and bonds as required for public construction contracts by

state law;

4. After trade contracts are awarded, the construction manager

Fair Pay for Construction Act; and

6. Contracts awarded under an agency construction management

delivery system shall not be modified such to permit the assignment

of subcontracts and/or trade packages to the construction manager.

D. The procedures for awarding work under at-risk construction

management are as follows:

1. The construction manager, with the advice of the design

consultant and subdivision, will develop individual bid packages for

public bidding;

2. Whenever the estimated cost of the contract exceeds Fifty

value less than or equal to Twenty-five Thousand Dollars ($25,000.00)

may be awarded by the political subdivision to any qualified vendor;

4. Once the bids are accepted by the construction manager and

awards made by the subdivision and the subdivision indicates its

bonding preference, as noted below, but before written agreements are

price (GMP) for the project or relevant portion of the work, as an

construction manager's GMP amendment, the construction manager shall

enter into written subcontractor and supplier agreements for the work

previously awarded by the subdivision. Upon receiving a notice to

proceed with the work from the subdivision or its designee, the

fee, general conditions, reimbursements and insurances. "Payment

bond", "performance bond" and "maintenance bond", as used herein,

mean and refer to those bonds as defined in the Public Competitive

Bidding Act of 1974;

5. The construction manager may require bonds from

subcontractors or suppliers in an amount equal to one hundred percent

(100%) of the value of their bid packages for subcontractors or

suppliers not subject to bonding requirements of the Public

Competitive Bidding Act of 1974. In such cases, the bonding

7. The subdivision may withhold retainage from the construction

manager's progress pay applications as set forth in the Public

Competitive Bidding Act of 1974. The owner shall pay the

construction manager as required by the Fair Pay for Construction

Act; and

8. If a construction manager at-risk wishes to self-perform

portions of the work to be performed, it may do so, provided the

construction manager at-risk competitively bids the work under the

same terms and conditions as the other bidders and the construction

manager at-risk is the lowest responsible bidder for the work scope

Added by Laws 2019, c. 299, § 10, eff. Jan. 1, 2020.

§61-220. Repealed by Laws 2019, c. 299, § 11, eff. Jan. 1, 2020.

§61-221. Short title.

Construction Act”.

Title 15, § 621 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.

§61-222. Definitions.

As used in the Fair Pay for Construction Act:

2. “Material supplier” means any entity that supplies materials,

services, or equipment to be used in conjunction with the performance

of work on a construction contract;

3. “Prime contractor” means any entity that has a direct

contract with an owner to perform work under a construction contract;

4. “Owner” means any state government entity, municipality,

township, public trust or an instrumentality of a state government

entity, municipality, township or public trust in this state, or any

entity designated by the owner to act on the owner’s behalf, that

contract;

7. “Subcontractor” means any entity that has a direct contract

with a prime contractor to perform a portion of the work under a

construction contract; and

8. “Sub-subcontractor” means any entity that has a direct

contract with another subcontractor to perform a portion of the work

under a construction contract.

Added by Laws 2004, c. 256, § 2, eff. Nov. 1, 2004. Amended by Laws

2004, c. 425, § 2, eff. July 1, 2004; Laws 2005, c. 92, § 1, eff.

Nov. 1, 2005. Renumbered from Title 15, § 622 by Laws 2005, c. 92, §

stored, within thirty (30) calendar days after a proper invoice is

submitted to the owner or a representative designated by the owner.

B. An owner or entity designated by the owner, may not reduce a

proper invoice of a prime contractor without detailing and forwarding

to the prime contractor, within fourteen (14) calendar days of

reduction may not be more than an amount that is reasonable to

C. If a contracting entity has had their proper invoice reduced

by another entity all other affected entities having a construction

contract with the contracting entity shall be notified within seven

(7) calendar days. Except as affected by a prior reduction, a prime

of receipt of the proper invoice, the reasons for reduction. A prime

contractor, subcontractor, or sub-subcontractor may also reduce a

payment of a contracted party from a previous proper invoice. Any

such reductions may not be more than an amount that is reasonable to

correct the reasons for reduction, as set forth in writing. Any

prime contractor, subcontractor or sub-subcontractor may be exempt

from notification if the reduction is less than one percent (1%) of

its net proper invoice or is due to mathematical errors.

Added by Laws 2004, c. 256, § 3, eff. Nov. 1, 2004. Amended by Laws

A. If a subcontractor or material supplier has performed in

accordance with the provisions of a construction contract, the prime

contractor shall make payment to the subcontractor or material

supplier no later than ten (10) calendar days after the prime

contractor receives its corresponding payment for the work performed.

B. If a sub-subcontractor or material supplier has performed in

accordance with the provisions of a construction contract, the sub-

subcontractor or material supplier shall be entitled to receive

payment no later than seven (7) calendar days after subcontractor

receives its corresponding payment for the work performed.

contract may suspend performance of the work or may terminate a

construction contract if the prime contractor is not properly paid

within forty-nine (49) calendar days of the date that the

corresponding proper invoice is submitted. Written notice must be

received by the owner at least seven (7) calendar days before any

B. A prime contractor or any entity that suspends performance

furnish further performance until such entity is paid for the full

amount, less retainage, of work performed, material supplied, or

services rendered, together with any costs incurred for

demobilization, mobilization and other costs attributable to delay of

D. If the owner delays in making payments to the prime

contractor, any agreed-upon schedule or completion date and their

resulting penalties, damages, bonuses, or rewards shall be extended

by the same amount of calendar days that payments were late.

E. If a payment to a prime contractor is received later than as

specified in this act, that prime contractor shall be entitled to

receive interest pursuant to Section 41.4b of Title 62 of the

Oklahoma Statutes. If the prime contractor has already paid a

subcontractor, then no interest is due and owing to the

Added by Laws 2004, c. 256, § 5, eff. Nov. 1, 2004. Amended by Laws

2004, c. 425, § 4, eff. July 1, 2004; Laws 2005, c. 92, § 3, eff.

Nov. 1, 2005. Renumbered from Title 15, § 625 by Laws 2005, c. 92, §

6, eff. Nov. 1, 2005.

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

A. A construction contract may include a provision for the

retainage of a portion of payment due. Such retainage is not to

exceed five percent (5%) of the amount of the payment due. If a

construction contract is subject to a bond pursuant to this title and

percent (5%) of the amount of the payment due. If a construction

subcontract is subject to a bond pursuant to this title and when the

work of the subcontractor has been determined by the holder to be at

least fifty percent (50%) complete, and with respect to the balance

of the work to be performed by the subcontractor, the retainage

C. No later than twenty-one (21) calendar days after a

separate usable phase of the project and upon adequate performance of

the prime contractor and with approval of any applicable surety,

retainage shall be released by the owner to the prime contractor less

an amount no greater than one hundred fifty percent (150%) of the

within ten (10) calendar days of receipt the share of those funds

that have been withheld from other entities. All other entities

shall release within seven (7) calendar days of receipt the share of

those funds that have been withheld from other entities.

Added by Laws 2004, c. 256, § 6, eff. Nov. 1, 2004. Amended by Laws

2005, c. 92, § 4, eff. Nov. 1, 2005. Renumbered from § 626 of Title

15 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005. Amended by Laws

2010, c. 207, § 1, emerg. eff. May 5, 2010; Laws 2019, c. 456, § 1,

eff. Nov. 1, 2019.

c. turnpike construction.

2. Except as the following may be a portion of a construction

contract as defined in Section 2 of this act, this act shall not

apply to:

a. roads,

b. bridges,

c. utilities,

d. traffic control,

e. drainage construction,

f. sanitary sewer construction, or

to or affecting a construction contract that makes the contract

subject to the laws of another state or that requires any litigation,

arbitration or other dispute resolution proceeding arising from the

contract to be conducted in another state; and

2. A provision, covenant, clause or understanding in, collateral

rights of any prime contractor, subcontractor, sub-subcontractor, or

this act.

Added by Laws 2004, c. 256, § 7, eff. Nov. 1, 2004. Amended by Laws

2005, c. 92, § 5, eff. Nov. 1, 2005. Renumbered from Title 15, § 627

by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.

In order that state property now located in one department or

institution, which has been purchased out of an appropriation,

specifically set up for such department or institution, which is not

needed by such department or institution and is needed in other

divisions of government, the Office of Management and Enterprise

Services is hereby authorized to cause the transfer of such property

to any department or institution in need of such excess property.

Added by Laws 1935, p. 23, § 1, emerg. eff. Feb. 28, 1935. Amended

by Laws 1983, c. 304, § 119, eff. July 1, 1983; Laws 2012, c. 304, §

A. Any property, real or personal, conveyed to the State of

Oklahoma for the purpose of establishing or for the use and benefit

of any public college or university in the State of Oklahoma, shall

upon a request submitted to the Office of Management and Enterprise

Services by the college or university which is the beneficiary of

such conveyance, be conveyed to the board of regents of such college

or university following a determination by the Office of Management

and Enterprise Services, in its sole discretion, that such property

has been and continues to be used for the benefit of such college or

university.

or (ii) that the original purpose of the conveyance to the State of

Oklahoma was for establishing or for the use and benefit of the

college or university grantee and that the property continues to be

used for the benefit of the college or university grantee shall

create a conclusive presumption as to the facts contained in said

Added by Laws 2004, c. 398, § 1. Amended by Laws 2012, c. 304, §

eff. July 1, 2013.

§61-308. Oil or gas lease of lands of penal or eleemosynary

institutions.

of the lands of such institution. Such leasing to be made by public

competition after not less than fifteen (15) days' notice by

publication in two newspapers authorized by law to publish legal

notices, one of which newspapers shall be published at the State

Capital, and the other in the county where the land is situated, and

in such manner as said Office of Management and Enterprise Services

may by rule prescribe. All such leasing must be on sealed bids and

awarded to the highest responsible bidder, and for a term of not to

exceed five (5) years from date and as long thereafter as oil and

Amended by Laws 1969, c. 312, § 1; Laws 1983, c. 304, § 120, eff.

July 1, 1983; Laws 1992, c. 250, § 7, eff. July 1, 1992; Laws 2012,

c. 304, § 798; Laws 2013, c. 209, § 4, eff. July 1, 2013. Renumbered

from § 97 of Title 74 by Laws 2013, c. 209, § 20, eff. July 1, 2013.

§61-309. Oil, gas and mineral leases upon state lands - Drilling

contracts - Notice - Disposition of royalties, bonuses or rentals.

A. The Office of Management and Enterprise Services is hereby

authorized and empowered to offer for sale and sell and execute and

deliver oil and gas or mineral leases upon the lands described in

Enterprise Services which provides for the payment of a royalty to

the State of Oklahoma of less than one-eighth (1/8) of all of the

oil, gas, or casinghead gas produced, saved, and sold from said

lands, plus cash bonus, of the royalty in said leases. Such Office

shall give notice of its intention to offer for sale said lease or

twenty-one (21) days in a legal newspaper published and of general

shall award such lease, leases, or drilling contracts to the highest

and best bidder. All bidding shall be by sealed written bids filed

with said Office of Management and Enterprise Services.

B. The monies received as royalties, bonuses, or rentals by the

eff. July 1, 2013. Renumbered from § 126.2 of Title 74 by Laws 2013,

c. 209, § 35, eff. July 1, 2013. Amended by Laws 2014, c. 286, § 4,

eff. Nov. 1, 2014.

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

The Director of the Office of Management and Enterprise Services

is authorized and directed to take charge of, manage, and lease

"Capitol Building Lands", described as follows:

Lots 31 and 32, Ethel Park Addition to Oklahoma City, Oklahoma,

Ethel Park Addition to Oklahoma City, Oklahoma, known as Tract No.

25, being a part of Section 23 Twp. 12 N - R - 3 West.

Lots 30 and 31, Woody Crest Addition to Oklahoma City, Oklahoma,

known as Tract No. 39, being a part of Section 22 - Twp. 12N - R - 3

West.

Lots 11 and 12, Stevens Hamill Addition to Oklahoma City,

Oklahoma, known as Tract No. 19, being a part of Section 26 Twp. 12N

- R - 3 West.

Lots 11 and 12, Block 3, Northeast Highland Addition to Oklahoma

City, Oklahoma, known as Tract No. 40, being a part of Section 23 -

Lots 31 and 32, Block 4, of the subdivision of Lots 9 and 10, and 23

and 24 of Barrows First and Second Additions to Oklahoma City,

Oklahoma. Lots 11 and 12, Block 3, Northeast Highland Addition,

being a part of Blocks 25 and 26, Barrows Second Addition to Oklahoma

City, Oklahoma. All of the above lots in Barrows Addition being

A tract of land 48' x 128' facing NE 38th Street and located

Lots 9 and 10, Block 2, Stevens Hamill Addition to Oklahoma City,

Oklahoma, known as Tract No. 18, being a part of Section 26 - Twp. 12

N - R - 3 West.

Lots 13 through 24, inclusive, Block 2, Frances Heights Addition

Oklahoma City, Oklahoma, known as Tract No. 30, being a part of

Section 11 - Twp. 12 N - R - 3 West.

Also the following acreage tracts of land:

Two (2) acres, situated three and one-half (3 1/2) miles East on

23rd Street hence two (2) miles North, thence one-half (1/2) mile

East, thence one-fourth (1/4) mile North from the State Capitol

Building, known as Tract No. 3, being a part of SE 1/4 of SW 1/4 of

Section 8 - Twp. 12 N - R - 2 West.

Five (5) acres, situated one and one-half (1 1/2) miles East and

heretofore disposed of pursuant to the provision of Chapter 298,

Session Laws 1919.

Added by Laws 1947, p. 588, § 1, emerg. eff. May 16, 1947. Amended

by Laws 1983, c. 304, § 139, eff. July 1, 1983; Laws 2012, c. 304, §

815. Renumbered from § 128.1 of Title 74 by Laws 2013, c. 209, § 36,

eff. July 1, 2013.

§61-325. Inventory and appraisal - Sale.

The Office of Management and Enterprise Services shall make or

cause to be made a full and complete inventory and appraisal of the

in separate lots or tracts, for cash, to the highest bidder. The

sale shall be at public auction or under sealed bids whichever the

Office may determine to be most advantageous. The sale shall be

advertised in a newspaper of general circulation in Oklahoma County,

Oklahoma, for not less than thirty (30) days prior to the date of

property to be sold and terms and conditions of the sale.

by this state in one-half (1/2) of all the mineral rights therein.

If royalties are not paid to the state from any of the above-

described lots or tracts of land, the sale of such properties shall

be made subject to a reservation by this state of all of the mineral

confirmed at a price less than ninety percent (90%) of the appraised

value. All sales shall be approved by the Governor.

Added by Laws 1947, p. 589, § 2, emerg. eff. May 16, 1947. Amended

by Laws 1983, c. 304, § 140, eff. July 1, 1983; Laws 2012, c. 304, §

816; Laws 2013, c. 209, § 6, eff. July 1, 2013. Renumbered from §

128.2 of Title 74 by Laws 2013, c. 209, § 37, eff. July 1, 2013.

Amended by Laws 2014, c. 286, § 5, eff. Nov. 1, 2014.

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

grounds, shrubbery, boulevards, and streets surrounding the same.

The funds shall be paid upon claims made therefor by the Office of

Management and Enterprise Services and approved by the Director of

the Office of Management and Enterprise Services. The leasing for

oil and gas purposes of any such lands and the proceeds therefrom

shall be conducted and handled by the Office of Management and

Enterprise Services pursuant to Section 317 of this title.

Added by Laws 1947, p. 590, § 3, emerg. eff. May 16, 1947. Amended

by Laws 1983, c. 304, § 141, eff. July 1, 1983; Laws 2010, c. 413, §

27, eff. July 1, 2010; Laws 2012, c. 304, § 817. Renumbered from §

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 provided for in

this section. As used in this section, "state agency" means any

government.

and Enterprise Services to dispose of real property upon:

a. legislative authorization,

b. authorization by the Long-Range Capital Planning

Commission, or

2. Upon the request of the state agency to dispose of real

property, the Office of Management and Enterprise Services shall:

a. obtain at least one complete appraisal made by a person

certified by the Real Estate Appraiser Board of the

Oklahoma Insurance Department, who shall ascertain:

(1) the present fair value of the property,

(2) the present value of the improvements on such

property, and

(3) the actual condition of the improvements on the

counties in which the property is located. The notice

shall contain the legal description of each parcel of

real property to be offered for sale, the appraised

value thereof, the time and location of the sale or

opening of the bids, and terms of the sale including

the fact that no parcel of property shall be sold for

less than ninety percent (90%) of the appraised value

of the real property; provided, in lieu of such

procedure, the information may be published

electronically on the Office of Management and

bids within three (3) weeks after the last publication

of the notice. The property shall be sold to the

highest bidder. The Office of Management and

Enterprise Services shall not accept a bid of less than

ninety percent (90%) of the average appraised fair

property, and

Section 908 of Title 62 of the Oklahoma Statutes, the

Office may auction the property at public or electronic

auction provided proper public notice is given in

compliance with this section and the property has been

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.

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.

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

3. The provisions of paragraph 2 of this subsection shall apply

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

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 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

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

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,

Laws 2019, c. 204, § 2, eff. Nov. 1, 2019.

§61-327.1. Redevelopment proposals for state-owned properties not

subject to disposition.

A. When historic significance, location, advancement of the long

term capital asset plan or other factors make disposition of state-

state-owned property provided the property meets one or more of the

following criteria:

1. The property is listed on the National Register of Historic

Places;

2. The property is designated by the Oklahoma Historical Society

as a property of historical interest or significance;

3. The property is located within the Oklahoma State Capitol

Complex; or

4. The property is located within a campus owned by the State of

1. The proposal's economic benefits, cultural benefits, job

creation potential, advancement of long term capital asset plan or

other benefits to the State of Oklahoma and the general public;

2. The qualifications and experience of the redeveloper;

3. The financial ability of the redeveloper to complete the

redevelopment in a timely fashion; and

4. When applicable, the fidelity of the proposed renovation or

redevelopment with the historic significance of the property.

C. The Office of Management and Enterprise Services may enter

into negotiations with one or more respondents and may enter into

§61-327.2. Proposals for investment real property.

A. When the Commissioners of the Land Office determine it is in

the best interest of the trust, the Commissioners may invite the

presentation of written proposals for the lease, sale, exchange,

redevelopment of any investment real property, as defined in this

B. The term "investment real property" shall include all real

property acquired by the Commissioners for investment purposes and

shall exclude all real property originally granted in the Enabling

Act of 1906.

decisions concerning investment real property. Evaluation of the

proposals shall be based on the following criteria:

1. The economic benefit of the proposal to the Land Office

trust, advancement of long-term capital asset plan, investment

objectives, or other advantages to the Land Office trust for the

benefit of the trust;

2. The qualifications and experience of the construction or

maintenance provider, developer or redeveloper; and

3. The financial ability of the construction or maintenance

Added by Laws 2016, c. 71, § 5.

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

procure software and implement program.

The Office of Management and Enterprise Services may:

1. Research and identify available facilities management

software applications and existing facilities management software

systems in other state agencies;

2. Procure facilities management software in accordance with the

requirements of The Oklahoma Central Purchasing Act; and

existing and future maintenance data into the statewide system

database. It shall not be a requirement that the software directly

interface with any other computer system. After full operational

status of the management program is achieved, the Office of

Management and Enterprise Services shall make an annual facilities

Representatives, the President Pro Tempore of the State Senate, and

physical assets, buildings, and equipment of the Oklahoma State

Regents for Higher Education.

Added by Laws 2006, c. 198, § 1, eff. July 1, 2006. Amended by Laws

2012, c. 304, § 819. Renumbered from § 129.4f of Title 74 by Laws

The Department of Human Services is hereby authorized to lease,

subject to the approval of the Commission, the following land at the

Southern Oklahoma Resource Center of Pauls Valley to the City of

Pauls Valley for use by the city for providing sewage services upon

such terms and conditions as determined by the Department of Human

Services:

A. A tract of land located in the S 1/2 - N 1/2 and the S 1/2 of

Section 28, Township 3 North, Range 1 East of the Indian Meridian,

Garvin County, Oklahoma, more particularly described as follows:

corner of SE 1/4 of NE 1/4 of said Section 28; Thence South 10

degrees 10 minutes 27 seconds West along existing fence a distance of

1,548.00 feet to a point; Thence North 73 degrees 28 minutes 43

seconds West along said fence a distance of 139.67 feet; Thence South

01 degree 25 minutes 37 seconds East along said fence a distance of

2,474.45 feet to the South line of said Section 28; Thence East along

the section line a distance of 1,213 feet to the point of beginning

and containing one hundred three and forty-three one-hundredths

(103.43) acres, more or less.

B. A tract of land located in the N 1/2 of the NE 1/4 of Section

of 421.83 feet to the center line of an East-West dirt road; Thence

North 88 degrees 34 minutes East along center line of road a distance

of 1,191.7 feet to the East line of said Section 33; Thence North

along said East line a distance of 458 feet to the point of beginning

and containing thirteen and three hundred forty-seven one-thousandths

C. The following tracts and parcels less a tract of land located

Indian Meridian, Garvin County, Oklahoma, more particularly described

as follows: Beginning at a point on the West line of said Section

34,458 feet South of NW corner thereof; Thence South 86 degrees 33

minutes East along center line of existing dirt road a distance of

feet; Thence South 72 degrees 08 minutes West along said fence a

distance of 209 feet to the West line of said Section 34; Thence

North along said West line a distance of 1,304.27 feet to the point

of beginning and containing fifteen and nine-tenths (15.9) acres,

more or less:

1. Certain tracts and parcels situated in Section 34, Township 3

North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma,

more particularly described as follows, to-wit:

All that part, parcel and tract of land being the NW 1/4 of

East, being more particularly described as follows: the W 1/2 NW 1/4

NE 1/4 and NE 1/4 NW 1/4 NE 1/4 and the NW 1/4 NE 1/4 NE 1/4 and all

that part or portion of the NE 1/4 NE 1/4 NE 1/4 lying North and West

of and on the right bank of the Washita River and being eight and

five-tenths (8.5) acres, and all that part of the SE 1/4 NW 1/4 NE

1/4 more particularly described by metes and bounds as follows, to-

wit: Beginning at a point 1,320 feet West and 660 feet South of the

NE corner of Section 34; Thence West parallel to the North line of

Section 34, a distance of 660 feet; Thence South a distance of 660

feet to an intersection with the right bank of the Washita River;

and eighty-five one-hundredths (55.85) acres, more or less in the NE

1/4 and one hundred forty-four and one-tenth (144.1) acres, more or

less in the NW 1/4, all in said Section 34.

2. Certain tracts and parcels situated in Section 27, Township 3

North, Range 1 East of the Indian Meridian, Garvin County, Oklahoma,

All that part, parcel and tract of the NW 1/4 of the SW 1/4 of

right-of-way and containing one one-hundredth (.01) acres, and all

that part of the SW 1/4 of the SW 1/4 of the NW 1/4 lying West of the

Gulf Colorado and Santa Fe Railroad right-of-way and containing one

and sixty-one-hundredths (1.61) acres, and all that part of the NW