Oklahoma § 61-102 - Definitions

§ 61-102. Definitions

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 specifications, bidding form, bidding

instructions, general conditions, special conditions and all other

written instruments prepared by or on behalf of an awarding public

agency for use by prospective bidders on a public construction

contract;

Oklahoma Statutes - Title 61. Public Buildings and Public Works

3. "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;

4. "Construction management trade contract or subcontract"

means any public construction contract exceeding Fifty Thousand

Dollars ($50,000.00) in amount that is awarded as a trade contract

in an agency construction management contract or awarded as a

subcontract in an at-risk construction management contract;

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

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;

6. "Public construction contract" or "contract" means any

contract, exceeding One Hundred Thousand Dollars ($100,000.00) in

amount, or any construction management trade contracts or

subcontracts exceeding Fifty Thousand Dollars ($50,000.00) in

amount, 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 private and not for public use and no public

tax revenues shall be expended on or for the contract unless the

public tax revenues used for the project are authorized by a

majority of the voters of the 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 by resolution of the governing

body prior to or concurrent with approval of the project;

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

or addition, betterment, enhancement or amelioration of or upon any

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 and/or the best terms in contracts awarded through a

competitive bidding process; and

Oklahoma Statutes - Title 61. Public Buildings and Public Works

9. "Retainage" means the difference between the amount earned

by the contractor on a public construction contract, with the work

being accepted by the public agency, and the amount paid on said

contract by the public agency.

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; Laws 2012, c. 304, § 311; Laws 2013, c. 186, § 1, eff. Nov. 1,

2013; Laws 2021, c. 340, § 1, eff. Nov. 1, 2021; Laws 2022, c. 238,

§ 13, eff. Nov. 1, 2022.

NOTE: Laws 2004, c. 52, § 1 repealed by Laws 2005, c. 1, § 90,

emerg. eff. March 15, 2005.