Oklahoma § 61-202 - Definitions

§ 61-202. Definitions

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 by the Legislature

in a capital budget relative to state construction, maintenance, and

real estate services;

2. “Capital planning and asset management” means the processes

for real property data acquisition, data analysis and determination

Oklahoma Statutes - Title 61. Public Buildings and Public Works

of capital construction projects and procurement related to real

property;

3. “Construction” means the process of planning, acquiring,

designing, building, equipping, altering, repairing, improving,

maintaining, leasing, disposing or demolishing any structure or

appurtenance thereto including facilities, utilities, or other

improvements to any real property but not including highways,

bridges, airports, railroads, tunnels, sewers not related to a

structure or appurtenance thereto, or dams;

4. “Construction administration” means a series of actions

required of the Office of Management and Enterprise Services or

other state agency employees, or, under a construction

administration contract or contract provision, to ensure the full,

timely, and proper performance of all phases of a construction

project by all contractors, suppliers, and other persons having

responsibility for project work and any guarantees or warranties

pertaining thereto;

5. “Construction management” means a project delivery method

based on an agreement whereby the owner acquires from a construction

entity a series of services that include, but are not necessarily

limited to, design review, scheduling, cost control, value

engineering, constructability evaluation, preparation and

coordination of bid packages, and construction administration;

“construction management” includes:

a.

“agency construction management” whereby the

construction entity provides services to the owner

without taking on financial risks for the execution of

the actual construction or time of performance, and

the owner contracts directly with those awarded trade

contracts for the work, and

b.

“at-risk construction management” whereby the

construction entity, after providing agency services

during the pre-construction period:

(1) takes on the financial obligation to timely carry

out construction under a specified cost

agreement, and

(2) enters into written subcontracts for the work in

accordance with the construction management

procedures for state agencies;

6. “Consultant” means an individual or legal entity possessing

the qualifications to provide licensed architectural, registered

engineering, registered land surveying, certified appraisal, land

title, or abstract services or possessing specialized credentials

and qualifications as may be needed to evaluate, plan or design for

any construction or public work improvement project, or to lease,

acquire or dispose of state-owned real property;

Oklahoma Statutes - Title 61. Public Buildings and Public Works

7. “Energy performance index or indices” (EPI) means a number

describing the energy requirements at the building boundary of a

structure, per square foot of floor space or per cubic foot of

occupied volume, as appropriate under defined internal and external

ambient conditions over an entire seasonal cycle. As experience

develops on the energy performance achieved with state construction,

the indices (EPI) will serve as a measure of structure performance

with respect to energy consumption;

8. “Life cycle costs” means the cost of owning, operating, and

maintaining the structure over the life of the structure. This may

be expressed as an annual cost for each year of the facility’s use;

9. “Office” means the Office of Management and Enterprise

Services;

10. “Procurement” means buying, purchasing, renting, leasing,

allocating, trading or otherwise acquiring or disposing of supplies,

services, or construction necessary to evaluate, plan, construct,

manage, operate and preserve real property capital assets;

11. “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 state

agency and the State of Oklahoma, 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 used for

general repairs and maintenance to state facilities;

12. “Shared savings financing” means the financing of energy

conservation measures and maintenance services through a private

firm which may own any purchased equipment for the duration of a

contract. Such contract shall specify that the private firm will be

recompensed either out of a negotiated portion of the savings

resulting from the conservation measures and maintenance services

provided by the private firm or, in the case of a cogeneration

project, through the payment of a rate for energy lower than would

otherwise have been paid for the same energy from current sources;

and

13. “State agency” means an agency, board, commission, counsel,

court, office, officer, bureau, institution, unit, division, body,

or house of the executive or judicial branches of government of this

state, whether elected or appointed, excluding only political

subdivisions, the Oklahoma State Regents for Higher Education and

its constituent institutions, the Oklahoma Municipal Power

Authority, and the Commissioners of the Land Office.

Added by Laws 1983, c. 304, § 170, eff. Jan. 1, 1984. Amended by

Laws 1986, c. 83, § 1; Laws 1986, c. 301, § 21, operative July 1,

1986; Laws 2000, c. 365, § 1, emerg. eff. June 6, 2000; Laws 2001,

c. 5, § 33, emerg. eff. March 21, 2001; Laws 2002, c. 294, § 28,

eff. Nov. 1, 2002; Laws 2006, c. 271, § 27, eff. July 1, 2006; Laws

2012, c. 184, § 1; Laws 2013, c. 15, § 48, emerg. eff. April 8,

Oklahoma Statutes - Title 61. Public Buildings and Public Works

2013; Laws 2013, c. 302, § 7, eff. Nov. 1, 2013; Laws 2016, c. 71, §

3; Laws 2019, c. 299, § 6, eff. Jan. 1, 2020; Laws 2022, c. 238, §

28, eff. Nov. 1, 2022; Laws 2024, c. 452, § 125, emerg. eff. June

14, 2024.

NOTE: Laws 2000, c. 363, § 14 repealed by Laws 2001, c. 5, § 34,

emerg. eff. March 21, 2001. Laws 2012, c. 304, § 318 repealed by

Laws 2013, c. 15, § 49, emerg. eff. April 8, 2013.