Oklahoma § 61-118 - Prequalification of bidders

§ 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 known by the awarding public agency to all

Oklahoma Statutes - Title 61. Public Buildings and Public Works

prospective bidders and the public in the same manner as proposals

to award public construction contracts as set forth in Section 104

of this title. Financial information including, but not limited to,

audited financial statements required by the awarding public agency

as part of prequalification shall remain confidential.

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

prospective bidders and shall ascertain, to their exclusive

satisfaction, the qualifications of each prequalified bidder. Any

contractor or subcontractor prequalified as of the effective date of

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

any additional license from this state or any political subdivision

of this state. However, no contractor or subcontractor may

transfer, convey or assign this exemption to any other person or

entity.

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.