Oklahoma § 61-62 - Construction managers and consultants - Registration and

§ 61-62. Construction managers and consultants - Registration and

selection.

A. 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 Office shall determine whether a construction

manager or consultant qualifies for registration and shall notify

the construction manager or consultant within twenty (20) days of

receipt of a request for registration. Construction managers and

consultants shall re-register for each successive calendar year with

the Office.

B. The requisitioning state agency shall define the scope of a

proposed project. The scope shall identify project components,

phases and timetables and shall include detailed project

descriptions. The state agency may request the Office 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 Office. The Office shall

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

solicitation.

C. The state agency shall issue a solicitation to construction

managers or consultants that are registered with the Office and

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

starting date, and completion date the state agency desires for the

project;

3. Certification of funds available for the construction

manager or consultant fee, including federal, state or other

participation;

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.

Oklahoma Statutes - Title 61. Public Buildings and Public Works

D. After the closing date, the Office shall provide information

from the construction managers' or consultants' files to the state

agency upon request. Should there be an inadequate expression of

interest in the project, the state agency and Office personnel shall

confer to add construction managers or consultants for

consideration.

E. The state agency shall review the information the Office

provides and shall select no less than three and no more than five

construction managers or consultants per contract for interviews.

The review shall include consideration of factors from the

information the Office 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 Office shall advise the state agency of the methods to

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

negotiation, and fee negotiation processes pursuant to rules

promulgated by the Office .

G. 1. Upon completion of contract negotiation with the highest

qualified construction manager or consultant, which contract shall

include a fair and reasonable fee, the Office shall approve and

award the contract.

2. If the Office 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 Office and the secondchoice construction manager or consultant cannot reach an agreement,

the negotiations shall terminate and negotiations with the thirdchoice construction manager or consultant shall commence. If the

Office and the third-choice construction manager or consultant

cannot reach an agreement, then all negotiations shall terminate.

Should the Office be unable to negotiate a satisfactory contract

with any of the three selected construction managers or consultants,

the Office shall select additional construction managers or

consultants in order of their competency and qualifications and

shall continue negotiations in accordance with the provisions of

this section until an agreement is reached.

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 Office shall perform the

Oklahoma Statutes - Title 61. Public Buildings and Public Works

necessary procurement actions on behalf of a requisitioning agency

as enumerated in subsections B through H of this section:

1. Determine or approve the agency's scope of a project and

required services as provided in the Public Facilities Act;

2. Issue solicitations for construction manager and consultant

services;

3. Conduct evaluations, interviews, selection, contract

negotiation, and fee negotiation processes; and

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.

K. In the selection of a construction manager, all political

subdivisions of this state shall:

1. Extend consideration to construction managers from the file

maintained by the Office of Management and Enterprise Services.

Political subdivisions are not limited in the number of construction

manager candidates from whom 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 Office of

Management and Enterprise Services pursuant to this section may be

considered for selection as a construction manager. The subdivision

shall use procedures 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 based upon the professional qualifications and technical

experience of the construction manager. The political subdivision

shall negotiate a contract with the highest qualified construction

manager, 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 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;

Oklahoma Statutes - Title 61. Public Buildings and Public Works

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

§ 8, eff. Nov. 1, 2002; Laws 2006, c. 271, § 7, eff. July 1, 2006;

Laws 2012, c. 304, § 307; Laws 2013, c. 302, § 3, eff. Nov. 1, 2013;

Laws 2019, c. 299, § 2, eff. Jan. 1, 2020; Laws 2022, c. 238, § 8,

eff. Nov. 1, 2022.