Title 61, Title 61 — Public Buildings and Public Works

Any contract which has been bid under the provisions of the Public Competitive Bidding Act, Section 101 et seq. of Title 61 of the Oklahoma Statutes, and on which no work has been performed and no formal claim or litigation has been pending within the last twenty-four (24) months…

district, county or municipality. Any competitive bid submitted pursuant to the Public Competitive Bidding Act of 1974 to a school district, county or municipality for furnishing of goods or services shall be accompanied by the sworn noncollusion statement contained in Section 85…

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 c…

courts. Any contractor doing business in this state shall be presumed to have consented to the jurisdiction of any court of this state where the work is being done and service may be obtained upon any agent or employee of said contractor. Added by Laws 1970, c. 106, § 2, emerg. e…

Whenever any public officer shall, under the laws of the State of Oklahoma, enter into a contract for the purpose of constructing any highway or turnpike, the contractor or supplier of materials shall not be liable for damages arising out of torts involving injury to persons or d…

water storage tanks. A. A municipality or rural water district may enter into a multi-year contract for painting and other maintenance of water storage tanks and appurtenant facilities if the contract contains a contingency provision whereby the municipality or district is not ob…

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 contracts for the construction of public improvements or buildings, or public or private improvements…

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, §…

As used in the Public Facilities Act: 1. “Annual capital plan” means the collective state facility capital improvements, facility operations and maintenance, rent and lease payments, facility debt services, water, sewer and energy utilities and real property transactions approved…

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 th…

A. The Office of Management and Enterprise Services shall: 1. Review and approve all construction plans and specifications to ensure compliance with good construction practices and space standards, costs of project, proposed construction timetables, and agency need for the projec…

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. Added by Laws 1983, c. 304, § 17…

A. Except as provided by subsection B of this section, no state agency shall employ, either temporary or full-time, any person engaged in the practice of architecture, engineering or land surveying for the purpose of planning or performing any construction upon any real property …

exceeding estimated and available funding – Negotiations – Contracts for managed construction services delivery – Facility management and maintenance. A. The Office of Management and Enterprise Services shall select and award contracts to construction managers and design consulta…

The Office may collect a reasonable fee for the purpose of providing or contracting for architectural, engineering, land surveying, planning, real estate and related services to state agencies and political subdivisions of the state, and from persons requesting plans and notifica…

There is hereby created in the State Treasury a revolving fund for the Office of Management and Enterprise Services, to be designated the "State Construction Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all fun…

Nothing in the Public Facilities Act shall be construed to prevent any state entity exempted from any of the provisions of the Public Facilities Act from complying with any provisions of the Public Facilities Act. Added by Laws 1986, c. 301, § 28, operative July 1, 1986. Amended …

The Director of the Office of Management and Enterprise Services shall promulgate rules: 1. For state agencies to perform minor construction projects; 2. Specifying building codes pursuant to the Oklahoma Uniform Building Code Commission Act for construction projects; 3. Permitti…

A. Shared savings contracts shall be developed in accordance with a model contract developed by the Office of Management and Enterprise Services. The model contract shall include: 1. The methodology for calculating baseline energy costs; 2. A procedure for revising these costs sh…

When any state agency or department must replace or supplement major items of energy-consuming equipment in existing state-owned or leased structures or any self-contained unit of any structure with other major items of energy-consuming equipment, the selection of such items shal…

bidding process for certain contracts. A. For purposes of this section: 1. "Performance-based efficiency contract" means a contract for the design, development, financing, installation, construction and service of any improvement, repair, alteration or betterment of any public bu…

program. The purpose of this section is to promote effective energy and environmental standards for the construction, renovation, and maintenance of state buildings which will improve the capacity of the state to design, build, and operate high-performance buildings thus creating…

Political Subdivisions. Sections 8 through 10 of this act shall be known and may be cited as the "Public Construction Management Act for Political Subdivisions". Added by Laws 2019, c. 299, § 8, eff. Jan. 1, 2020.

A. The Public Construction Management Act for Political Subdivisions shall apply to political subdivisions of this state. B. As used in the Public Construction Management Act for Political Subdivisions: 1. "Agency construction management" means the construction entity provides se…

Procedure for awarding work. A. Construction managers shall be selected by the political subdivision following the requirements set forth in subsection K of Section 62 of Title 61 of the Oklahoma Statutes. B. A written contract between the political subdivision and the constructi…

supply, wastewater treatment facilities and wastewater collection systems. A. For purposes of this section, "design-build" means a project delivery method in which one entity works under a single contract with the project owner to provide design and construction services. B. A co…

This act shall be known and may be cited as the “Fair Pay for Construction Act”. Added by Laws 2004, c. 256, § 1, eff. Nov. 1, 2004. Renumbered from Title 15, § 621 by Laws 2005, c. 92, § 6, eff. Nov. 1, 2005.

As used in the Fair Pay for Construction Act: 1. “Construction contract” means a written contract or subcontract awarded by an owner or contracting entity for the purpose of making any public improvements or constructing any public building or making repairs to or performing main…

A. On all construction contracts exceeding Twenty-five Thousand Dollars ($25,000.00) in value an owner shall make progress payments to the prime contractor for work performed and materials properly stored, within thirty (30) calendar days after a proper invoice is submitted to th…

Time limit. 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 rec…

Payment. A. Any prime contractor that performs work under a construction 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 prop…

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. At any time the contractor has completed in excess of fifty percent …

covenant, clauses or understandings. A. 1. This act shall not apply to: a. highway construction, b. railroad construction, or 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 a…

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 th…

to another department or institution. 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 …

Implementation of transfer to designated board of regents - Limitations in deed. 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 upo…

The Office of Management and Enterprise Services is hereby authorized to lease for drilling and development of oil or gas, or both, any of the lands belonging to the state, on which are located public institutions, or are connected with or a part of the lands of such institution.…

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 Section 1 of Titl…

The Office of Management and Enterprise Services is hereby authorized and empowered to advertise, sell, and execute an oil and gas lease or leases upon the following described state-owned lands constituting a portion of the State Capitol grounds: Beginning at a point One Hundred …

The lands described in Sections 308 through 317 of this title shall be under the exclusive control and jurisdiction of the State of Oklahoma and the zoning and drilling regulations of any municipality of this state shall not apply thereto. Added by Laws 1937, p. 26, § 3, emerg. e…

If any section, paragraph, sentence or phrase of this title shall be declared unconstitutional or void for any reason by any court of final jurisdiction, such decision shall not in any way invalidate or affect any other section, paragraph, sentence or phrase of this act but the s…

owned lands in Oklahoma City authorized - Agreements. The Office of Management and Enterprise Services is authorized to provide for the development for oil and gas purposes of the following described property: All of the-state owned lands not now leased for oil and gas mining pur…

The Office of Management and Enterprise Services may authorize the use by the oil and gas lessees of the state-owned land that lies west of the north portion of Lincoln Terrace Addition to Oklahoma City, Oklahoma, and known as the State Historical Site, or such part thereof as ma…

Revolving Fund. All proceeds derived from any royalty under such leases or any bonus received from the sale of such leases shall be paid into the Maintenance of State Buildings Revolving Fund of the state but this section shall not be a part of any contract with any lessee hereun…

Capitol lands and parkways. The Office of Management and Enterprise Services is hereby authorized and empowered to sell and execute oil and gas leases, and other mining leases, on any of the lands of this state under the control of said Office of Management and Enterprise Service…

The Office of Management and Enterprise Services is hereby authorized to lease the surface of a tract of land consisting of about ten (10) acres located in Oklahoma County, Oklahoma, formerly occupied and used by the state for the Russell Girls Home. Said lease shall be only for …

Such leases shall not be granted for a purpose or use that would interfere with or restrict in any manner the use to which other lands of the state are being used. Added by Laws 1945, p. 379, § 3, emerg. eff. May 5, 1945. Renumbered from § 108.3 of Title 74 by Laws 2013, c. 209, …

A. The Director of the Office of Management and Enterprise Services is hereby authorized to grant easements, rights-of-way, and enter into contracts authorizing the construction and maintenance of telephone, electric transmission and distribution lines, railroad lines, telegraph …

A. The Director of the Office of Management and Enterprise Services is hereby authorized to lease for a temporary period of time the surface of any of the lands belonging to the state described in Section 322 of this title, which are not needed or required for the proper maintena…

Lands. 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 35, 36, 37, and 38 Northeast Highland Addition to Oklahoma City, Oklahoma, known as Tract N…