Oklahoma § 61-202.1 - Design-build and at-risk construction management project

§ 61-202.1. Design-build and at-risk construction management project

delivery methods - Authorization required - Exemptions.

A. The design-build and construction management project

delivery methods shall not be used without the written approval of

the Director of the Office of Management and Enterprise Services, or

the Director's designee, when those projects are constructed for a

state agency or by an act of the Legislature specifying design-build

or at-risk construction management for a project. In all instances

where the design-build project or at-risk construction management

delivery method is authorized, construction administration shall be

performed by the State Facilities Director, the SFD's designee or

designees, or otherwise by contract or contract provision approved

by the Director of the Office of Management and Enterprise Services

for construction administration by another party.

B. The use of design-build and construction management project

delivery methods shall not interfere or inhibit the opportunity for

subcontractors and trade contractors to openly and freely compete

for subcontracts or trade contracts pursuant to the Public

Competitive Bidding Act of 1974. The State Facilities Director, or

designee, or the construction manager shall make the subcontracting

and supply opportunities publicly known, as follows:

1. Whenever the estimated cost of the contract exceeds Fifty

Thousand Dollars ($50,000.00), public notice shall be given by

publication in a newspaper of general circulation and published in

the county where the work, or the major part of the work, is to be

done. Such notice by publication shall be published in two

consecutive weekly issues of the newspaper, with the first

publication thereof to be at least twenty-one (21) days prior to the

date set for opening bids; and

2. Notice thereof shall be sent to one in-state trade or

construction publication for the publication's use and information

whenever the estimated cost of the contract exceeds Fifty Thousand

Dollars ($50,000.00); provided, however, this section shall not be

construed to require the publication of such notice in such trade or

construction publication or to require the provision of such notice

to more than one in-state trade or construction publication or to

any out-of-state trade or construction publication.

Oklahoma Statutes - Title 61. Public Buildings and Public Works

C. Bids shall be publicly opened at the time and place

designated in the public notice. A representative of the State

Facilities Director shall be present at the bid opening.

D. The provisions of subsection A of this section shall not

apply to projects by contract pursuant to an interagency agreement

under Section 581 of Title 74 of the Oklahoma Statutes or to

projects a state agency performs solely with the staff of the

agency.

E. The Office of Management and Enterprise Services shall,

pursuant to the Administrative Procedures Act, promulgate rules to

effect procedures, processes and design-build/construction

management fee guidelines necessary to the fulfillment of its

responsibilities under this section.

Added by Laws 2000, c. 365, § 2, emerg. eff. June 6, 2000. Amended

by Laws 2003, c. 277, § 1, eff. July 1, 2003; Laws 2005, c. 79, § 1,

eff. Nov. 1, 2005; Laws 2006, c. 271, § 28, eff. July 1, 2006; Laws

2012, c. 304, § 319; Laws 2013, c. 302, § 8, eff. Nov. 1, 2013; Laws

2019, c. 299, § 7, eff. Jan. 1, 2020.