Title 61, Title 61 — Public Buildings and Public Works

A. Prior to an award of a contract exceeding One Hundred Thousand Dollars ($100,000.00) for construction or repair of a public or private building, structure, or improvement on public real property, the person that receives the award shall furnish a bond with good and sufficient …

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.

As used in the Public Competitive Bidding Act of 1974: 1. "Awarding public agency" means the public agency which solicits and receives sealed bids on a particular public construction contract; 2. "Bidding documents" means the bid notice, instruction to bidders, plans and specific…

A. Unless otherwise provided by law, all public construction contracts exceeding One Hundred Thousand Dollars ($100,000.00) or construction management trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00) shall be let and awarded to the lowest responsible …

The governing body of any political subdivision of this state may duly appoint as its agent any individual or individual of a legal entity, with whom the political subdivision has duly entered into a public contract pursuant to law, to make purchases necessary for carrying out th…

improvements on force account basis. Nothing in the Public Competitive Bidding Act of 1974 shall be construed to prohibit a school district from erecting a building or making improvements on a force account basis. Added by Laws 1999, c. 86, § 2, eff. July 1, 1999. Amended by Laws…

Authority – Competitive bidding not required. For purposes of the provisions of the Public Competitive Bidding Act of 1974, contracts not exceeding One Hundred Thousand Dollars ($100,000.00) entered into solely for right-of-way clearance by the Transportation Commission and the O…

For purposes of the provisions of the Public Competitive Bidding Act of 1974, contracts entered into solely for projects and activities by the Oklahoma Department of Wildlife Conservation relating to fish and wildlife conservation shall be let and awarded using the competitive bi…

contracting companies – Provide reasons for choosing companies not headquartered in Oklahoma. A. When a state agency accepts a services contract, whether bid or no-bid, it shall list the city, state, and country in which the services will be provided. Any contract the state award…

All proposals to award public construction contracts shall be made equally and uniformly known by the awarding public agency to all prospective bidders and the public in the following manner: 1. Notice thereof shall be given electronically and by publication in a newspaper of gen…

All bid notices shall set forth the following information: 1. The character of the proposed public construction contract in sufficient details that all bidders shall know exactly what their obligation will be, either in the bid notice itself or by reference to bidding documents a…

Complete bidding documents regarding a proposed public construction contract shall be available to the public at least twenty (20) days prior to the date set for opening bids. The awarding public agency, or its agent, may require a reasonable deposit for each set of bidding docum…

bid. A. A bidder on a public construction contract exceeding One Hundred Thousand Dollars ($100,000.00) or a construction management trade contract or subcontract exceeding Fifty Thousand Dollars ($50,000.00) shall accompany the bid with: 1. A certified check, cashier's check or …

Each bidder shall accompany the bid with a written statement under oath disclosing the following information: 1. The nature of any partnership, joint venture or other business relationships then in effect or which existed within one (1) year prior to the date of such statement wi…

Any bid received after the time set for opening of bids shall not be opened or considered by the awarding public agency. Added by Laws 1974, c. 298, § 9, operative Aug. 1, 1974. Amended by Laws 2022, c. 238, § 20, eff. Nov. 1, 2022.

- Additions to existing buildings. A. Unless otherwise provided for by law, all plans and specifications for the erection of public buildings by this state, or any agency or political subdivision thereof, or for any building erected through the use of public funds shall provide f…

Bids whether submitted in paper or electronic format shall be opened only at the time and place listed in the bidding documents. Paper bids shall be opened in the presence of an administrative officer of the awarding public agency and be read aloud at the time of opening. Such bi…

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 …

All bids, both successful and unsuccessful, and all contracts and required bonds shall be placed on file and maintained by 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 from the date of completion of …

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…

OS 61-113.1v1 (HB 4080, Laws 2022, c. 238, § 24). OS 61-113.1v2 (SB 1520, Laws 2022, c. 315, § 1).

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 until the project is fifty percent (50%) complete as determined by th…

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 …

The contractor may, from time to time, withdraw any part, or the whole, of the amount which has been retained from partial payments to the contractor pursuant to the terms of contract, upon depositing with or delivery to the awarding public agency, or other appropriate public off…

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 …

The chief administrative officer and members of the governing 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 i…

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 otherwise, shall render the bids of such bidders void. Persons willfully violating this s…

estimates. A. Any disclosure by an employee of a public agency of the terms of a bid submitted in response to a bid notice issued by a public agency in advance of the time set for opening of all bids so submitted shall be unlawful. It shall also be unlawful for any person to soli…

If an award is made to other than the lowest bidder, the awarding public agency shall accompany its action with a publicized statement setting forth the reason for its action. Such statement shall be placed on file, open to public inspection and be a matter of public record. Adde…

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. Prequali…

By majority action of the governing board of the awarding public agency or the chief administrating officer of an awarding public agency without a governing board, the awarding public agency shall have the right to reject any or all bids and solicit bidders again as herein provid…

received. A. If no timely bid is received after bid notices have been published on any proposed public construction contract which does not exceed One Hundred Thousand Dollars ($100,000.00) or on any proposed construction management trade contract or subcontract which does not ex…

All plans and specifications for the erection of public buildings subject to Section 11 of this title shall be submitted prior to bidding and awarding of contract to the State Fire Marshal or other authority having jurisdiction. Such plans and specifications shall be checked for …

No public construction contract shall be assignable by the successful bidder without written consent of the governing body of the awarding public agency, evidenced by resolution. In no event shall such a contract be assigned to a bidder who was declared by the awarding public age…

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. B. Change orders or addenda to public construction contracts of over One Milli…

Any taxpayer of the State of Oklahoma, or any bona fide unsuccessful bidder on a particular public construction contract, within ten (10) days after any such contract has been executed, is empowered to bring suit in the district court of the county where the work, or the major pa…

Exception. A. All statements or invoices submitted to the awarding public agency for work performed shall contain a certification by the supervising architect or engineer, or other supervisory official if no supervisory architect or engineer is employed for the project, that work…

The awarding public agency shall make provision for the inspection of projects prior to acceptance by the said agency and shall approve claims for payment only after proper inspection has been made as provided in the plans and specifications for said project. Added by Laws 1974, …

The Director of the Office of Management and Enterprise Services shall prescribe the accounting procedure to be followed to pay costs and payments to contractors on public construction contracts with state agencies. The Director of the Office of Management and Enterprise Services…

Nothing in this act shall be construed to prevent a public agency from doing public construction work on a force account basis. Added by Laws 1974, c. 298, § 26, operative Aug. 1, 1974.

This act shall apply to contracts made by a public entity operating pursuant to the Local Industrial Development Act or the Local Development Act except where the public improvements, buildings, or repairs are being made or constructed as a part of an agreement to provide develop…

The awarding public agency is authorized to require the contractor to carry builder's risk insurance against damage from fire and the elements during the process of construction to the extent of protecting said public agency's equity in said project until accepted by said agency.…

A. The Public Competitive Bidding Act of 1974 shall not apply to contracts awarded or contracts for which bids have been solicited on or before August 1, 1974. B. The Public Competitive Bidding Act of 1974 shall not apply to contracts awarded or contracts for which bids are solic…

(a) For the purpose of this act the term "contractor" means an individual, general partnership, limited partnership, joint venture, association, corporation or a combination of any of the foregoing who does or undertakes for compensation the construction of any public works. (b) …

A. The provisions of the Public Competitive Bidding Act of 1974 with reference to notice and bids shall not apply to an emergency if: 1. The governing body of a public agency declares by a two- thirds (2/3) majority vote of all of the members of the governing body that an emergen…

No contract shall be split into partial contracts for the purpose of avoiding the requirements of this act. All such partial contracts shall be void. Any person who knowingly violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by …

If a statute, charter or general ordinance provides more stringent standards or procedures than those provided by this act, then the statute, charter or general ordinance shall prevail. Added by Laws 1974, c. 298, § 33, operative Aug. 1, 1974.

Oklahoma. Any insurance or bond required by this act shall be secured from an insurance or indemnity carrier licensed to do business in the State of Oklahoma. Added by Laws 1974, c. 298, § 34, operative Aug. 1, 1974. Amended by Laws 1975, c. 266, § 11, emerg. eff. June 5, 1975.

procuring particular bond or insurance. A. No public agency, nor any officer, agent or employee thereof, nor any person acting or purporting to act on behalf of such public agency or an officer, agent or employee thereof, shall, with respect to any public construction contract re…

governing. In the event any provision of this act conflicts with or is inconsistent in any manner with the rules and regulations of any agency of the United States Government, which is providing all or any portion of the funds used to finance any public construction contract, the…