ENROLLED HOUSE
BILL NO. 4080 By: Wallace of the House
and
Leewright
of the Senate
An Act relating to public buildings and public works; amending
61 O.S. 2021, Sections 1, 4, 6, 11, and 12, which relate to the bonding,
contracting, and construction of public buildings and works; modifying
construction bonds; regulating public contracts and hours worked during a day;
modifying preference requirements for products produced in Oklahoma; modifying
requirements for accommodations for people with disabilities; requiring
submission of certain plans to certain authorities; amending 61 O.S. 2021,
Sections 60, 61, 62, 62.2, 63, and 65, which relate to construction management
and consultant services; regulating certain mandatory contract forms; modifying
definitions; eliminating references to the Department of Real Estate Services
and its Director; regulating registration and selection of construction
managers and consultants; amending requirements for contracts for on-call minor
services; providing for what shall be considered state property; establishing
procedures for when an emergency exists; amending 61 O.S. 2021, Section 84,
which relates to the Fair and Open Competition in Governmental Construction
Act; modifying prohibited contract terms; amending 61 O.S. 2021, Sections 102,
103.4, 103.7, 104, 105, 106, 107, 109, 110, 112, 113, 113.1, 119.1, 121, and
130, which relate to the Public Competitive Bidding Act of 1974; modifying
definitions; modifying requirements for school buildings and force accounts; modifying
contract requirements relating to fish and wildlife conservation; modifying
required bids and bid notices; modifying bid documents on file; regulating late
bids; prescribing procedures related to examination of bids; prescribing
procedures related to electronic bids; providing public inspection requirement;
modifying the requirements for the execution of a contract; regulating payment
and partial payment; providing for contract negotiations when no bid is
received; defining emergency situations; amending 61 O.S. 2021, Sections 202,
204, 207.2, 208, 208.1, 208.2, 209, 210, 211, and 212, which relate to the
Public Facilities Act; modifying definitions; providing for the reviewing and
approval of projects; modifying process for contract approval; allowing for
fees; modifying the State Construction Revolving Fund; establishing the nature
of the fund; declaring funds appropriated; granting rulemaking authority;
allowing for performance-based efficiency contracts; updating references;
clarifying language; amending 61 O.S. 2021, Sections 308, 309, 311, 312, 316,
317, 323, 324, 326, 327, 327.1, and 330.1, which relate to the management,
maintenance, and disposal of state property; clarifying language; increasing
options for providing certain notices; modifying certain award standards;
modifying deposit destination of certain revenues; broadening scope of certain
exclusive control and jurisdiction; providing for expanded severability
treatment of provisions; changing fund references; eliminating certain exceptions;
eliminating certain described properties from certain defined description;
modifying expenditure purpose for certain funds; requiring certain estimations
and certain process related to certain real property disposals; authorizing
electronic auctions; allowing the disposal of property at estimated value under
certain conditions; authorizing invitations for written proposals under certain
conditions; modifying proposal evaluation criteria; modifying exemption for
certain recording fee; repealing 61 O.S. 2021, Sections 8, 9, 10, 14, and 15,
which relate to the bonding, contracting, and construction of public buildings
and works; repealing 61 O.S. 2021, Section 51, which relates to the purchase of
American goods and equipment; repealing 61 O.S. 2021, Sections 103.8 and 129,
which relate to the Public Competitive Bidding Act of 1974; repealing 61 O.S.
2021, Section 203, which relates to the Department of Real Estate Services;
repealing 61 O.S. 2021, Sections 315, 321, 329, 330, and 331, which relate to
the management, maintenance, and disposal of state property; and providing an
effective date.
SUBJECT: Public buildings and public works
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 61 O.S. 2021, Section
1, is amended to read as follows:
Section 1. A. Prior to an award of a contract exceeding Fifty
Thousand Dollars ($50,000.00) One Hundred Thousand Dollars ($100,000.00)
for construction or repair of a public or private building, structure, or
improvement on public real property, the person that receives the award shall:
1. Furnish furnish a bond with good and
sufficient sureties payable to the state in a sum not less than the total sum
of the contract; or
2. Cause an irrevocable
letter of credit, containing terms the Office of Management and Enterprise
Services prescribes, to be is.
B. The bond or
irrevocable letter of credit shall ensure the proper and prompt completion
of the work in accordance with the contract and shall ensure that the
contractor shall pay all indebtedness the contractor incurs for the
contractor's subcontractors and all suppliers of labor, material, rental of
machinery or equipment, and repair of and parts for equipment the contract
requires the contractor to furnish.
C. For a contract not
exceeding Fifty Thousand Dollars ($50,000.00), in lieu of a bond or irrevocable
letter of credit, the contractor shall submit an affidavit of the payment of
all indebtedness incurred by the contractor, the contractor's subcontractors,
and all suppliers of labor, material, rented machinery or equipment, and repair
of and parts for equipment used or consumed in the performance of the
contract. The execution of the affidavit
with knowledge that any of the contents of the affidavit are false, upon conviction,
shall constitute perjury, punishable as provided for by law.
SECTION 2.
AMENDATORY 61 O.S. 2021,
Section 4, is amended to read as follows:
Section 4. All contracts
hereafter made by or on behalf of the state, or by or on behalf of any county,
city, township, or other municipality, with any corporation, person or persons,
for the performance of any public work, by or on behalf of the state or any
county, city, township, or other municipality, shall be deemed and considered
as made upon the basis of eight (8) hours constituting a day's work; and it
shall be unlawful for such corporation, person or persons, to require,
aid, abet, assist, connive at, or permit any laborer, workman, mechanic, prison
guards, janitors in public institutions, or other person to work more than
eight hours per calendar day in doing such work, except in cases and upon the
conditions provided in the preceding section Section 3 of this title.
Provided that the provisions of this act in regard to hours
worked per calendar day shall not apply to the construction, reconstruction,
maintenance, or the production of local materials for: Highways, roads, streets, and all the
structures and drainage in connection therewith; sewer systems, waterworks systems,
dams and levees, canals, drainage ditches, airport grading, drainage,
surfacing, seeding and planting.
Provided that the provisions of this act will not prevent employees from
drawing time and half for those hours worked over forty (40) during any calendar
week.
SECTION 3.
AMENDATORY 61 O.S. 2021,
Section 6, is amended to read as follows:
Section 6. From and
after the passage and approval of this act, in In the construction
of all public buildings erected for the state; for any county for
educational, eleemosynary, penal or other institution of the state, or for
any county thereof, where the expense of construction is borne wholly or in
part by the state, or county, by appropriation, by the issuance of bonds, or by
taxation, preference shall be given to materials mined, quarried, manufactured
or procured within the State of Oklahoma, provided that the same can be
procured at no greater expense than like material or materials of equal quality
from without the state.
SECTION 4.
AMENDATORY 61 O.S. 2021,
Section 11, is amended to read as follows:
Section 11. A. Unless otherwise provided for by law, all
plans and specifications for the erection of public buildings by this state, or
any agency or political subdivision thereof, or for any building erected
through the use of public funds shall provide facilities for the handicapped
people with disabilities. Such
facilities shall conform with the codes and standards adopted by the State Fire
Marshal and amended by the Division's Office's promulgated
rules. Elevators shall be constructed
and installed in said public buildings to the extent deemed feasible and
financially reasonable by the contracting authority of the state or such
political subdivision. Said codes and
standards shall be on file in the Construction and Properties Division of
the Office of Management and Enterprise Services.
B. After May 24, 1973,
any Any building or facility which would have been subject to the
provisions of this section but for the fact that it was constructed prior to
May 24, 1973, shall be subject to the requirements of this section if additions
are made to such building or facility in any twelve-month period which increase
the total floor area of such building or facility by twenty-five percent (25%)
or more or if alterations or structural repairs are made to such building or
facility in any twelve-month period which affect twenty-five percent (25%) or
more of the total floor area of such building or facility.
SECTION 5.
AMENDATORY 61 O.S. 2021,
Section 12, is amended to read as follows:
Section 12. All plans and
specifications for the erection of public buildings subject to Section 11 of
this title shall be submitted prior to bidding and awarding of contract to the governing
body of the political entity controlling the funds involved State Fire
Marshal or other authority having jurisdiction. Such plans and specifications shall be
checked for compliance with Section 11 of this title, and no construction
contract for any public building shall be awarded unless and until said plans
and specifications are approved as being in compliance with Section 11 of this
title by the appropriate governmental agency.
If public buildings are to be financed by state funds, the
Construction and Properties Division of the Office of Management and
Enterprise Services shall approve said plans and specifications. In the case of public buildings to be
financed by county funds or funds controlled by some other political
subdivision of the state, the agency whose approval is required shall be the
governing body of such subdivision.
SECTION 6.
AMENDATORY 61 O.S. 2021,
Section 60, is amended to read as follows:
Section 60. All state
agencies, boards, commissions, offices, institutions, and other governmental
bodies of this state, and all individuals representing such entities, except
the Department of Transportation, the Oklahoma Turnpike Authority, the Oklahoma
State Regents for Higher Education and its constituent institutions, and
the Commissioners of the Land Office and CompSource Oklahoma provided
CompSource Oklahoma is operating pursuant to a pilot program authorized by
Sections 3316 and 3317 of Title 74 of the Oklahoma Statutes, shall use
construction manager, consultant and construction contract forms that the State
Facilities Director of the Department of Real Estate Services of the
Office of Management and Enterprise Services requires to award and execute
contracts for designs to construct, renovate, alter, repair, maintain, or
improve real property or fixtures of real property of the state. The State Facilities Director may
authorize, in writing, exceptions to the use of construction manager,
consultant and construction contract forms for specific projects.
SECTION 7.
AMENDATORY 61 O.S. 2021,
Section 61, is amended to read as follows:
Section 61. As used in
Sections 61 through 65 of this title:
1. "Chief
administrative officer" means an individual responsible for directing the
administration of a state agency. The
term does not mean one or all of the individuals that make policy for a state
agency;
2. "Construction
manager" means an individual, firm, corporation, association, partnership,
copartnership, or any other legal entity on the Office of Management and
Enterprise Services Construction and Properties (OMES-CAP) registration list and
possessing the qualifications to provide services of construction management
which 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;
3. "Consultant"
means an individual or legal entity possessing the qualifications to provide
licensed architectural, registered engineering, or registered land surveying
services or other individuals or legal entities possessing specialized
credentials and qualifications as may be needed to evaluate, plan or design
and/or provide construction administration and/or construction inspection
services for any construction or a public work improvement project;
4. "Director"
means the Director of the Office of Management and Enterprise Services or a
designee;
5. "Department"
means the Department of Real Estate Services of the Office of Management and
Enterprise Services;
6. "Office" means the Office of
Management and Enterprise Services;
7. 6. "Project" means studies,
evaluations, plans or designs for facility evaluations or public work
improvements, except the transportation facilities under the jurisdiction of
the Department of Transportation or the Oklahoma Turnpike Authority:
a. to
construct, renovate, alter, repair, maintain, or improve real property or
fixtures of real property, and
b. that
does not constitute "construction" as defined by the Public Building
Construction and Planning Act;
8. 7. "State agency" means an agency,
office, officer, bureau, board, counsel, court, commission, institution, unit,
division, body or house of the executive or judicial branches of state
government, whether elected or appointed, excluding only political subdivisions
of the state, the Oklahoma State Regents for Higher Education and its
constituent institutions and the Commissioners of the Land Office; and
9. "Facilities
Director" or "SFD" means the State Facilities Director of the
Department of Real Estate Services of the Office of Management and Enterprise
Services; and
10. 8. "Political subdivision" means any
local governmental body formed pursuant to the laws of this state, including,
but not limited to, school districts, career technology centers, cities,
counties, public trusts, public authorities, commissions or other local
governmental bodies exercising their authority to contract with construction
managers and/or consultants. The term
also means any quasi-governmental and nongovernmental organizations contracting
with construction managers and/or consultants using public funds or on behalf
of a political subdivision.
SECTION 8.
AMENDATORY 61 O.S. 2021,
Section 62, is amended to read as follows:
Section 62. A. The Department of Real Estate Services of
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 Department 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 Department 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 Department
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 Department
Office. The Department Office
shall review the scope and approve it before the state agency is
C. The state agency shall
isDepartment 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 is
D. After the closing
date, the Department 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 Department
Office personnel shall confer to add construction managers or
consultants for consideration.
E. The state agency shall
review the information the Department 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 Department 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 Department 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 of Management and
Enterprise Services.
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 Department Office shall
approve and award the contract.
2. If the Department
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 Department Office and
the second-choice construction manager or consultant cannot reach an agreement,
the negotiations shall terminate and negotiations with the third-choice
construction manager or consultant shall commence. If the Department Office and
the third-choice construction manager or consultant cannot reach an agreement,
then all negotiations shall terminate.
Should the Department Office be unable to negotiate a
satisfactory contract with any of the three selected construction managers or
consultants, the Department 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 Department Office shall perform the 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 Department of Real
Estate Services of 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 Department of Real
Estate Services of 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.
SECTION 9.
AMENDATORY 61 O.S. 2021,
Section 62.2, is amended to read as follows:
Section 62.2 The Construction
and Properties Division of the Office of Management and Enterprise Services
may enter into contracts with construction managers and consultants registered
with the Division Office for the purpose of providing on-call
minor services to state agencies. The
contracts shall provide for services on an as-needed basis and shall not exceed
One Hundred Thousand Dollars ($100,000.00) per construction manager or
consultant during one (1) year. The
requisitioning state agency shall reimburse the Division be solely
responsible for the fee of the construction manager or consultant that
provides the services.
SECTION 10.
AMENDATORY 61 O.S. 2021,
Section 63, is amended to read as follows:
Section 63. All drawings,
plans, specifications, reports, and models made by a construction manager or
consultant for a state agency shall be the property of this state, and
shall be delivered to the Department of Real Estate Services of the Office
of Management and Enterprise Services.
The state agency shall file such plans with the Department for inclusion
in a library system to be maintained by the Department. Any state agency shall have access for review
to any plans or specifications filed with the Department state as
directed by the terms of the contract.
SECTION 11.
AMENDATORY 61 O.S. 2021,
Section 65, is amended to read as follows:
Section 65. A. In addition to the conditions prescribed
pursuant to subsections subsection C and D of this
section, the provisions of Section 62 of this title shall not apply whenever the
Department of Real Estate Services of the Office of Management and
Enterprise Services with concurrence of the chief administrative officer of the
public agency affected declares that an emergency exists. The construction manager or consultant shall
be selected by the State Facilities Director of the Department of
Real Estate Services of the Office of Management and Enterprise
Services. The resulting construction
manager or consultant contract shall not exceed Fifty Thousand Dollars ($50,000.00). The reasons for the emergency shall be
recorded in the official records of the Department Office.
B. Emergency as used in
this section shall be limited to conditions resulting from any of the
following:
1. A sudden unexpected
happening or unforeseen occurrence if it is impossible for the provisions of
Section 62 of this title to be observed because of the time factor and if the
public health or safety is endangered; and
2. A condition or
situation which, if allowed to continue, would lead to economic loss to the
state or to further damage of state property.
C. The provisions of
Section 62 of this title shall not apply to the process for construction of a
correctional facility whenever the State Board of Corrections informs the Department
Office that an emergency condition threatens the security of the state
correctional system, including inmate population growth, and the condition
requires expeditious treatment for the review, approval and bid process as it
relates to construction or expansion of correctional facilities. The Department Office and the
Department of Corrections are authorized to implement an expedited competitive
bid process for the contracting of construction managers or consultants and
construction of new or expanded correctional facilities that adequately respond
to the emergency. The State Board of
Corrections shall provide written notification to the Governor, the Speaker of
the House of Representatives and to the President Pro Tempore of the Senate of
the emergency conditions.
D. The provisions of
Section 62 of this title shall not apply to CompSource Oklahoma if CompSource
Oklahoma is operating pursuant to a pilot program authorized by Sections 3316
and 3317 of Title 74 of the Oklahoma Statutes.
SECTION 12.
AMENDATORY 61 O.S. 2021,
Section 84, is amended to read as follows:
Section 84. A public
agency shall not award a grant, tax abatement, or tax credit that is
conditioned upon a requirement that the awardee include a term described in
Section 3 of the Fair and Open Competition in Governmental Construction Act
83 of this title in a contract document for any construction,
improvement, maintenance, or renovation to real property or fixtures that are
the subject of the grant, tax abatement, or tax credit.
SECTION 13.
AMENDATORY 61 O.S. 2021,
Section 102, is amended to read as follows:
Section 102. As used in
the Public Competitive Bidding Act of 1974:
1. "Administrator"
means the State Construction Administrator of the Construction and Properties
Division of the Office of Management and Enterprise Services;
2. "Awarding public agency" means the
public agency which solicits and receives sealed bids on a particular public
construction contract;
3. 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;
4. 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;
5. 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;
6. 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;
7. 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;
8. 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;
9. 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
10. 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.
SECTION 14.
AMENDATORY 61 O.S. 2021,
Section 103.4, is amended to read as follows:
Section 103.4 Nothing in
the Public Competitive Bidding Act of 1974 shall be construed to prohibit a
school district from erecting a building or making improvements on a force
account basis. Contracts between a
state agency and a school district for the purpose of emergency asbestos
abatement shall be exempt from the provisions of the Public Competitive Bidding
Act of 1974.
SECTION 15.
AMENDATORY 61 O.S. 2021,
Section 103.7, is amended to read as follows:
Section 103.7 For
purposes of the provisions of the Public Competitive Bidding Act of 1974,
contracts entered into solely for projects and activities by the Oklahoma
Department of Wildlife Conservation relating to fish and wildlife conservation
shall be let and awarded using the competitive bidding process as set forth in
the Public Competitive Bidding Act of 1974.
However, for contracts of Fifty Thousand Dollars ($50,000.00) or less
not exceeding One Hundred Thousand Dollars ($100,000.00), the Department
may administer the competitive bidding process and let and award the contract
itself rather than the Construction and Properties Division of the
Office of Management and Enterprise Services.
SECTION 16.
AMENDATORY 61 O.S. 2021,
Section 104, is amended to read as follows:
Section 104. All
proposals to award public construction contracts shall be made equally and
uniformly known by the awarding public agency to all prospective bidders and
the public in the following manner:
1. Notice thereof shall
be given by electronically and by publication in a newspaper of
general circulation and published in the county where the work, or the major
part of it, is to be done, such notice by publication to 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 their use and
information whenever the estimated cost of the public construction contract
exceeds One Hundred Thousand Dollars ($100,000.00) or the cost of the
construction management trade contract or subcontract exceeds Fifty Thousand
Dollars ($50,000.00); provided, however, this section shall not be construed to
require the publication of the notice in such trade or construction publication
or the requirement to provide the notice to more than one in-state trade or
construction publication or to any out-of-state trade or construction
publications.
SECTION 17.
AMENDATORY 61 O.S. 2021,
Section 105, is amended to read as follows:
Section 105. All bid
notices shall set forth the following information:
1. The character of the
proposed public construction contract in sufficient details that all bidders
shall know exactly what their obligation will be, either in the bid notice
itself or by reference to bidding documents on file in the main office of
the awarding public agency available to the public; and
2. The name of the
officer, agent or employee of the awarding public agency and the office
location and address of such person, from whom a complete set of bidding
documents regarding such proposed contract may be obtained, together with the
amount of the cost deposit required therefor, if any; and
3. The date, time and
place of opening of the sealed bids either in person or electronically;
and
4. The name and office
location and address of the office of the awarding public agency to whom the
sealed bids should be submitted or information sufficient to enable a bid to
be submitted electronically; and
5. Any additional
information regarding such proposed contract deemed by the awarding public agency
to be of beneficial interest to prospective bidders or the public.
SECTION 18.
AMENDATORY 61 O.S. 2021,
Section 106, is amended to read as follows:
Section 106. At least
one complete set of Complete bidding documents regarding a proposed
public construction contract shall be on file in the main office of the
awarding public agency available to the public at least twenty (20)
days prior to the date set for opening bids.
The officer, agent or employee of the awarding public agency
designated in the bid notice shall have a sufficient number of complete sets of
said bidding documents and shall provide a complete set of same to any
prospective bidder, upon request; provided, however, that the awarding
public agency, or its agent, may require a reasonable deposit for each such
set of bidding documents; provided, that such deposit shall not exceed
the actual cost of duplicating or printing. The public agency, or its agent, may
retain all or part of said deposit if so stated in the notice for bids.
SECTION 19.
AMENDATORY 61 O.S. 2021,
Section 107, is amended to read as follows:
Section 107. A. A bidder on a public construction contract
exceeding One Hundred Thousand Dollars ($100,000.00) or a construction
management trade contract or subcontract exceeding Fifty Thousand Dollars
($50,000.00) shall accompany the bid with:
1. A certified check,
cashier's check or bid bond equal to five percent (5%) of the bid, which shall
be deposited with the awarding public agency as a guaranty; or
2. An irrevocable letter
of credit containing terms the Construction and Properties Division of
the Office of Management and Enterprise Services prescribes, isDivision
Office.
B. The cost of
republication of the notice to bidders, actual expenses incurred by reason of
the bidder's default and the difference between the low bid of the defaulting
bidder and the amount of the bid of the bidder to whom the contract is
subsequently awarded, but not to exceed the amount of the certified check,
cashier's check, bid bond or irrevocable letter of credit may, at the
discretion of the awarding public agency, be forfeited to the awarding public
agency in the event the apparently successful bidder fails to execute the
contract or fails to provide the required bonds or irrevocable letters of
credit and insurance to the awarding public agency.
C. The public agency
shall, upon receipt of notice from the awarding public agency, return a
certified or cashier's check, bid bond, or irrevocable letter of credit to the
successful bidder on execution and delivery of the contract and required bonds
or irrevocable letters of credit and insurance.
Checks of unsuccessful bidders shall be returned to them in accordance
with the terms of the bid solicitation.
D. Nothing contained
herein shall be construed so as to prevent the awarding public agency or the
courts from exonerating the bidder and other parties to the bid security
document from liability upon a timely showing that the bidder committed what
the courts have determined under the common law to be an excusable bidding
error and for that reason it would not be equitable to enforce the bid
security.
SECTION 20.
AMENDATORY 61 O.S. 2021,
Section 109, is amended to read as follows:
Section 109. Any bid received
by the awarding public agency or an officer or employee thereof, more than
ninety-six (96) hours excluding Saturdays, Sundays and holidays before the time
set for the opening of bids, or any bid so received after the time set for
opening of bids, shall not be opened or considered by the
awarding public agency and shall be returned unopened to the bidder
submitting same.
SECTION 21.
AMENDATORY 61 O.S. 2021,
Section 110, is amended to read as follows:
Section 110. A. Except as provided by subsection B of this
section, all bids shall be sealed and opened only at the time and place
mentioned in the bidding documents, and read aloud in the presence of an
administrative officer of the awarding public agency. Such bid opening shall be open to the public
and to all bidders.
B. The Oklahoma
Department of Transportation and the Oklahoma Turnpike Authority shall be
exempt from the requirements provided in subsection A of this section, if the
agency electronically publishes the bids on the website of the agency Bids whether submitted in paper or
electronic format shall be opened only at the time and place listed in the
bidding documents. Paper bids shall be
opened in the presence of an administrative officer of the awarding public
agency and be read aloud at the time of opening. Such bid opening shall be open to the public
and to all bidders. Electronic bids
shall not be viewable prior to the time listed for bid opening in the bidding
documents. Electronic bids may be opened
in a public bid opening in the same way as for paper bids. A public bid opening is not required for
electronic bids if the awarding public agency electronically publishes the bids
on its website at time of bid opening.
SECTION 22.
AMENDATORY 61 O.S. 2021,
Section 112, is amended to read as follows:
Section 112. All bids,
both successful and unsuccessful, and all contracts and required bonds shall be
placed on file and maintained in the main office of by the
awarding public agency for a period of five (5) years from the date of opening
of bids or for a period of three (3) years from the date of completion of the
contract, whichever is longer, and shall be open to public inspection
and shall be matters of public record.
SECTION 23.
AMENDATORY 61 O.S. 2021,
Section 113, is amended to read as follows:
Section 113. A. Except as otherwise provided by law, within
the period of time, not to exceed sixty (60) days, specified in the bid notice
by the awarding public agency, a contract embodying the terms set forth in the
bidding documents shall be executed by the awarding public agency or, where
construction management at-risk is the project delivery method, by the
construction manager and the successful bidder.
No bidder shall obtain any property right in a contract awarded under
the provisions of the Public Competitive Bidding Act of 1974 until the contract
has been fully executed by both the bidder and the awarding public agency.
B. Except as otherwise
provided by law, within the period of time specified in subsection A of this
section, the following shall be provided by the contractor to the awarding
public agency for public construction contracts exceeding One Hundred Thousand
Dollars ($100,000.00) or construction management trade contracts or
subcontracts exceeding Fifty Thousand Dollars ($50,000.00):
1. A bond or
irrevocable letter of credit complying with the provisions of Section 1 of
this title;
2. A bond in a sum equal
to the contract price, with adequate surety, or an irrevocable letter of
credit containing terms prescribed by the Construction and Properties Division
of the Office of Management and Enterprise Services is for the benefit of
the state, on behalf of the awarding public agency, in a sum equal to the
contract price, to ensure the proper and prompt completion of the work in
accordance with the provisions of the contract and bidding documents;
3. A bond in a sum equal
to the contract price or an irrevocable letter of credit containing terms as
prescribed by the Division is for the benefit of the
state, on behalf of the awarding public agency, in a sum equal to the
contract price, to protect the awarding public agency against defective
workmanship and materials for a period of one (1) year after acceptance of the
project, except when the awarding public agency is the Department of
Transportation or the Oklahoma Turnpike Authority, in such case the period
shall be for one (1) year after project completion; and
4. Public liability and
workers' compensation insurance during construction in reasonable amounts. A public agency may require the contractor to
name the public agency and its architects or engineers, or both, as an
additional assured under the public liability insurance, which requirement, if
made, shall be specifically set forth in the bidding documents.
C. A single
irrevocable letter of credit may be used to satisfy paragraphs 1, 2 and 3 of
subsection B of this section, provided such single irrevocable letter of credit
meets all applicable requirements of subsection B of this section.
If the contractor needs additional time in which to obtain the
bond required pursuant to subsection B of this section, the contractor may
request and the awarding agency may allow the contractor an additional sixty
(60) days in which to obtain the bond.
D. 1. After the award of a contract, but prior to
its execution, an awarding public agency, upon discovery of an administrative
error in the award process that would void an otherwise valid award, may
suspend the time of execution of the contract.
The agency may rescind the award and readvertise for bids, or may direct
correction of the error and award the contract to the lowest responsible
bidder, whichever shall be in the best interests of the state.
2. If the awarding public
agency has a governing body, the agency shall, at the next regularly scheduled
public business meeting of the governing body of the agency, upon the record,
present to the governing body that an error has been made in the award process
and shall state the nature of the error.
The governing body, upon presentation of the facts of the error, may
rescind the award and readvertise for bids, or may direct correction of the
error and award the contract to the lowest responsible bidder, whichever shall
be in the best interests of the state.
E. No public agency shall
require for any public construction project, nor shall any general contractor
submit a project bid based on acquiring or participating in, any wrap-up,
wrap-around, or controlled insurance program.
For the purposes of this subsection, "wrap-up, wrap-around, or
controlled insurance program" means any insurance program that has the
effect of disabling or rendering inapplicable any workers' compensation,
commercial general liability, builders' risk, completed operations, or excess
liability insurance coverage carried by a subcontractor that is engaged or to
be engaged on a public construction project unless this is a cost savings to
the public or the need exists for a specialized or complex insurance program
and shall not apply to contracts less than Seventy-five Million Dollars
($75,000,000.00).
F. This act shall not
apply to the public construction projects of constitutional agencies which had
authorized a wrap-up, wrap-around, or controlled insurance program on or before
April 11, 2000.
SECTION 24.
AMENDATORY 61 O.S. 2021,
Section 113.1, is amended to read as follows:
Section 113.1 A. A public construction contract shall provide
for partial payment based upon work completed.
The contract shall provide that up to five percent (5%) of all partial
payments made shall be withheld as retainage until the project is fifty
percent (50%) complete as determined by the awarding agency. When the awarding public agency determines
that the project is at least fifty percent (50%) complete, the retainage amount
shall be two and one-half percent (2.5%) with respect to the balance of the
work.
B. The Department of
Transportation or the Oklahoma Turnpike Authority shall not withhold retainage
on public construction contracts awarded by the Department or the Authority.
C. The Department of
Transportation shall not withhold retainage or require any bond on projects
awarded to railroads on the railroad's privately owned or operated rail
property.
SECTION 25.
AMENDATORY 61 O.S. 2021, Section 119.1, is amended to
read as follows:
Section 119.1 A. If no timely bid is received after bid
notices have been published on any proposed public construction contract which
does not exceed One Hundred Thousand Dollars ($100,000.00) or on any proposed
construction management trade contract or subcontract which does not exceed
Fifty Thousand Dollars ($50,000.00):
1. The governing body of
a county, city, town or school district may direct its employees or agents to
negotiate the contract with a prospective contractor; or
2. The state agency, as
defined in Section 202 of this title, shall request the State Construction
Administrator of the Construction and Properties Division Office of
Management and Enterprise Services to negotiate a contract on its behalf.
B. The amount of a public
construction contract which may be awarded by the governing body pursuant to
this section shall not exceed One Hundred Thousand Dollars ($100,000.00), nor
shall the amount of a construction management trade contract or subcontract
awarded by the governing body pursuant to this section exceed Fifty Thousand
Dollars ($50,000.00), and the work to be performed shall be as specified in the
initial bidding documents. The contract
shall be executed within six (6) months after the date initially set for
opening of bids. The contract and
contract procedure shall conform to all other applicable provisions of the
Public Competitive Bidding Act of 1974.
SECTION 26.
AMENDATORY 61 O.S. 2021,
Section 121, is amended to read as follows:
Section 121. A. Change orders or addenda to public
construction contracts of One Million Dollars ($1,000,000.00) or less shall not
exceed a fifteen percent (15%) cumulative increase in the original contract
amount.
B. Change orders or
addenda to public construction contracts of over One Million Dollars
($1,000,000.00) shall not exceed the greater of One Hundred Fifty Thousand
Dollars ($150,000.00) or a ten percent (10%) cumulative increase in the
original contract amount.
C. Change orders or
cumulative change orders which exceed the limits of subsection A or B of this
section shall require a readvertising for bids on the incomplete portions of
the contract.
D. If the awarding public
agency does not have a governing body, the chief administrative officer of the
awarding public agency shall approve change orders. The State Construction Administrator of
the Construction and Properties Division Director of the Office of
Management and Enterprise Services, or the Administrator's Director's
designee, shall sign and execute all contracts and change orders, as they
relate to state agencies.
E. If the awarding public
agency has a governing body, all change orders shall be formally approved by
the governing body of the awarding public agency and the reasons for approval
recorded in the permanent records of the governing body. The governing body of a municipality or
technology center may delegate approval of change orders up to Forty Thousand Dollars
($40,000.00) or ten percent (10%) of any contract, whichever is less, to the
chief administrative officer of the municipality or technology center or their
designee, with any approved change orders reported to the governing body at the
next regularly scheduled meeting.
F. The Oklahoma Veterans
Commission, as the governing body of the Oklahoma Department of Veterans
Affairs, is authorized to delegate to the Director of the agency the authority
to approve change orders on a construction contract provided that the
individual change order does not exceed Forty Thousand Dollars ($40,000.00) in
expenditure, and complies with the limits established by this section. Change orders approved by the Director
pursuant to a delegation of authority shall be presented to the Commission
during the next regular meeting and the reasons for the orders recorded in
permanent records.
G. The governing body of
the Oklahoma Tourism and Recreation Department is authorized, upon approval of
a majority of all of the members of the Oklahoma Tourism and Recreation
Commission, to delegate to the Director of the agency the authority to approve
change orders on a construction contract provided that the individual change
order does not exceed Twenty-five Thousand Dollars ($25,000.00) in expenditure
and complies with the limits established by this section. The Administrator of the Division Director
of the Office shall sign and execute all contracts and change orders.
H. The Transportation
Commission may, by rule, authorize the Director of the Department of
Transportation to approve change orders in an amount of not to exceed Five
Hundred Thousand Dollars ($500,000.00).
Change orders approved by the Director shall be presented to the Transportation
Commission during the next regular meeting and the reasons therefor recorded in
the permanent records. The Oklahoma
Turnpike Authority may authorize the Director of the Authority to approve
change orders in an amount not to exceed Two Hundred Fifty Thousand Dollars
($250,000.00). Change orders approved by
the Director of the Authority shall be presented to the Authority during the
next regular meeting and the reasons for the orders recorded in permanent
records.
I. All change orders for
the Department of Transportation or the Authority shall contain a unit price
and total for each of the following items:
1. All materials with
cost per item;
2. Itemization of all
labor with number of hours per operation and cost per hour;
3. Itemization of all
equipment with the type of equipment, number of each type, cost per hour for
each type, and number of hours of actual operation for each type;
4. Itemization of
insurance cost, bond cost, Social Security, taxes, workers' compensation,
employee fringe benefits and overhead cost; and
5. Profit for the
contractor.
J. 1. If a construction contract contains unit
pricing, and the change order pertains to the unit price, the change order will
not be subject to subsection A or B of this section.
2. When the unit price
change does not exceed Twenty Thousand Dollars ($20,000.00), the unit price
change order computation may be based on an acceptable unit price basis in lieu
of cost itemization as required in paragraphs 1, 2, 3, 4 and 5 of subsection I
of this section.
3. When the unit price
change exceeds Twenty Thousand Dollars ($20,000.00), any unit price for a new
item established at or below the average eighteen-month-price history for the
new item may be used in lieu of cost itemization as required in paragraphs 1,
2, 3, 4 and 5 of subsection I of this section.
K. Alternates or add
items bid with the original bid and contained in the awarded contract as
options of the awarding public agency shall not be construed as change orders
under the provisions of the Public Competitive Bidding Act of 1974.
L. Where construction
management at-risk is the project delivery method, the limits established by
subsections A and B of this section shall be based upon the total cost of the
project rather than the cost of the individual trade contracts.
SECTION 27.
AMENDATORY 61 O.S. 2021,
Section 130, is amended to read as follows:
Section 130. A. The provisions of the Public Competitive
Bidding Act of 1974 with reference to notice and bids shall not apply to an emergency
if:
1. The governing body of
a public agency declares by a two-thirds (2/3) majority vote of all of the
members of the governing body that an emergency exists;
2. The Transportation
Commission and the Oklahoma Tourism and Recreation Commission, by majority vote
of all the members of each Commission, declare that an emergency exists; or
3. The chief
administrative officer of a public agency without a governing body declares
that an emergency exists.
B. The governing body of
a public agency may, upon approval of two-thirds (2/3) majority of all of the
members of the governing body, delegate to the chief administrative officer of
a public agency the authority to declare an emergency whereby the provisions of
the Public Competitive Bidding Act of 1974 with reference to notice and bids
shall not apply to contracts less than One Hundred Fifty Thousand Dollars
($150,000.00) in amount; provided, such authority of the Department of
Transportation and the Oklahoma Turnpike Authority shall not extend to any
contract exceeding Seven Hundred Fifty Thousand Dollars ($750,000.00) in amount
and such authority of the Department of Corrections shall not extend to any
contract exceeding Two Hundred Fifty Thousand Dollars ($250,000.00) in amount
for situations in which the emergency impacts the conditions of confinement,
health and safety of correctional officers and inmates in the custody of the
Department of Corrections.
C. Upon approval of a
two-thirds (2/3) majority vote, the Oklahoma Conservation Commission may
delegate to the Executive Director the authority to declare an emergency and
set a monetary limit for the declaration.
The provisions of this subsection may only be used for the purpose of
responding to an emergency involving the reclamation of abandoned coal mines or
the repair of damaged upstream floodwater retarding structures.
D. An emergency declared
by the Board of Corrections pursuant to subsection C of Section 65 of this
title shall exempt the Department of Corrections from the limits which would
otherwise be imposed pursuant to subsection B of this section for the
contracting and construction of new or expanded correctional facilities.
E. The chief
administrative officer of a public agency with a governing body shall notify
the governing body within ten (10) days of the declaration of an emergency if
the governing body did not approve the emergency. The notification shall contain a statement of
the reasons for the action, and shall be recorded in the official minutes of
the governing body.
F. Emergency as used in
this section shall be limited to conditions resulting from a sudden unexpected
happening or unforeseen occurrence or condition whereby the public health or
safety is endangered or further damage to state property is likely if the
situation is not addressed promptly.
G. The chief
administrative officer of a public agency shall report an emergency within ten
(10) days of the emergency declaration and include the official minutes of the
governing body of the public agency, if applicable, to the State
Construction Administrator of the Construction and Properties Division of the
Office of Management and Enterprise Services who which shall
compile an annual report detailing all emergencies declared pursuant to this
section during the previous calendar year.
The report shall be submitted to the Governor, the President Pro Tempore
of the Senate, and the Speaker of the House of Representatives upon request.
H. The Risk Management
Administrator of the Office of Management and Enterprise Services may declare
an emergency on behalf of a public agency when an insurable loss has occurred
which would lead to further economic loss or additional property damage if not
addressed promptly. Such declaration
shall not relieve the public agency of fiscal responsibility for its
deductible, uninsured losses, and other related expenses.
SECTION 28.
AMENDATORY 61 O.S. 2021,
Section 202, is amended to read as follows:
Section 202. 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 delegated to the Department
of Real Estate Services for real property data acquisition, data analysis
and determination 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 State
Facilities Director, of 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. "Department"
means the Department of Real Estate Services of the Office of Management and
Enterprise Services;
6. "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;
7. 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;
8. "Division"
means the Construction and Properties Division of the Office of Management and
Enterprise Services;
9. 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;
10. "Facilities
Director" or "SFD" means the State Facilities Director of the
Department of Real Estate Services of the Office of Management and Enterprise
Services;
11. 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;
12. 9. "Office" means the Office of Management
and Enterprise Services;
13. 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;
14. 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;
15. 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
16. 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 and the Commissioners of the Land Office.
SECTION 29.
AMENDATORY 61 O.S. 2021,
Section 204, is amended to read as follows:
Section 204. A. The Department of Real Estate Services
Office of Management and Enterprise Services shall:
1. Maintain a
comprehensive master plan for utilization and construction of state buildings,
capital improvements, and utilization of land owned by this state. Requirements of the master planning process
shall include:
a. reporting by each
state agency concerning facility needs,
b. data acquisition of
condition and performance benchmarking of state agency facilities,
c. analyses and audits
of state agency facilities, properties and leaseholds to determine critical and
long-range needs,
d. development of state
agency long-range strategic facility plans,
e. short-range project
programming to identify budget requests for facility capital improvements and
asset management decisions, and
f. an annual capital
plan for all state agencies submitted to the Legislature for line-item
appropriation requests;
2. Review and approve all construction plans and
specifications to ensure compliance with good construction practices and space
standards, costs of project, proposed construction timetables, and agency need
for the project;
3. 2. Inspect prior to acceptance and final payment
all completed projects for which the Department Office issued bid
solicitations to ensure compliance with the plans and specifications of the
project;
4. 3.
Select and hire consultants and
construction managers for projects as determined or approved by the Department
Office. The Department Office
shall select, award and execute contracts to consultants and construction
managers that provide services to state agencies subject to this act;
5. 4. Develop and issue solicitations for award of
state agency contracts for construction services. The Department Office shall
have final approval authority for contracts and contract documents. Neither the Department Office
nor any public entity shall, for performance of work that requires that a contractor
be licensed by this state, issue a solicitation to, or make a contract with, a
contractor not licensed by this state;
6. 5. Review inspections performed by consultants
and construction managers during construction, perform primary inspections when
consultants or construction managers are not used, and final inspections after
completion;
7. 6. Establish standards and policies as required
to standardize facility assessment and benchmarking, facility operations and
maintenance, asset preservation, design and energy standards, space
utilization, material testing, indexes of efficiency, economy, and
effectiveness;
8. 7. Monitor indices of facility condition,
effectiveness of operations and maintenance programs, deferred maintenance
prioritization, effectiveness of planning processes, budgeting for capital
needs, application of facility standards as established by the Department
Office, and performance outcomes of construction projects to ensure
maximum efficiency in the expenditure of state funds for asset management and
preservation of the state's capital real property;
9. 8. Coordinate, monitor and report on statewide
energy conservation programs delegated to the Office;
10. 9. Provide property leasing and brokerage
services delegated to the Office;
11. 10. Report fraud or waste in any construction
project by written notification with documentation for the report to the
Attorney General. The Attorney General
shall take appropriate action to protect the interest of the state; and
12. 11. Prequalify as good and sufficient insurance
carriers, bonding companies and surety companies to meet provisions of Sections
1 and 134 of this title. The Director
shall promulgate rules to establish criteria to determine whether a carrier or
company is good and sufficient. The
prequalification requirement and process shall not violate the provisions of
Section 135 of this title.
B. When a state agency
employs a licensed architect or licensed engineer as a full-time employee, said
licensed employee may conduct required facility planning, prepare project plans
and specifications and monitor construction work as prescribed by the Department
Office. State agencies authorized
to employ licensed architects and engineers for the purposes of this section
include:
1. The Department of
Transportation with respect to highways, bridges and dams;
2. The Oklahoma State
Regents for Higher Education and its constituent institutions;
3. The Military
Department of the State of Oklahoma;
4. The Oklahoma Tourism
and Recreation Department; and
5. The Department of
Human Services.
C. Not later than
December 31, 2012, with the advice of the State Facilities Director, the
Director of the Office of Management and Enterprise Services shall provide a
report containing recommendations to the Legislature for the streamlining,
integration, and consolidation of state construction, maintenance, and real
property management processes to maximize capital assets and achieve cost
savings to the state. The report shall
identify the necessary planning processes for transitioning from a
decentralized capital budgeting process to a centralized annual capital plan appropriation
process, to be implemented no later than January 1, 2014.
SECTION 30.
AMENDATORY 61 O.S. 2021,
Section 207.2, is amended to read as follows:
Section 207.2 A. Except as provided by subsection B of this
section, no state agency shall employ, either temporary or full-time, any
person engaged in the practice of architecture, engineering or land surveying
for the purpose of planning or performing any construction upon any real
property belonging to the agency or to the state, or upon any real property of
which this state will assume possession or ownership by contract, option to
purchase agreement, lease, or otherwise.
The term "practice of architecture" shall be defined as those
activities of an architect as provided for in Section 46.3 of Title 59 of the
Oklahoma Statutes. The terms
"practice of engineering" or the "practice of land
surveying" shall be defined as such terms are defined by Section 475.2 of
Title 59 of the Oklahoma Statutes.
B. The provisions of
subsection A of this section shall not apply to:
1. The Department of
Human Services;
2. The Oklahoma Tourism
and Recreation Department;
3. The State Department
of Health insofar as the monitoring of permitted health care facility
construction for licensing purposes;
4. The Oklahoma
Historical Society insofar as the monitoring of historical site preservation
and authenticity;
5. The Office of
Management and Enterprise Services;
6. The State Department
of Education and the public schools subject to its jurisdiction;
7. The Department of
Transportation;
8. The Oklahoma State
System of Higher Education;
9. The Military
Department of the State of Oklahoma;
10. The Oklahoma
Municipal Power Authority;
11. The Department of
Public Safety gun range; and
12. CompSource
Oklahoma if CompSource Oklahoma is operating pursuant to a pilot program
authorized by Sections 3316 and 3317 of Title 74 of the Oklahoma Statutes; and
13. The University Hospitals Authority and
University Hospitals Trust.
SECTION 31.
AMENDATORY 61 O.S. 2021,
Section 208, is amended to read as follows:
Section 208. A. The Department of Real Estate Services of
the Office of Management and Enterprise Services shall select and award
contracts to construction managers and design consultants pursuant to the
provisions of Section 62 of this title.
B. The negotiation of
construction manager and consultant contracts and fees shall be performed by
the Department Office.
C. The Department Office
shall award and administer construction contracts for state agencies pursuant
to the provisions of the Public Competitive Bidding Act of 1974.
D. 1. When all bids for a public construction
contract exceed the programmed estimate and available funding, the Department
Office may enter into negotiations with the lowest responsible bidder
for the purpose of modifying the project scope and reducing the construction
cost, provided that:
a. the
unexpected higher construction costs resulted from unforeseen economic
conditions or otherwise sudden price volatility in the construction industry,
b. the
project was appropriately planned, and cost estimates were developed using
standards of care acceptable to the Department Office, and
c. further
delay caused by redesigning and rebidding the project would jeopardize the
using agency's mission or result in the loss of a planned funding source.
2. To request
consideration for negotiations pursuant to this subsection, the using agency, within
ten (10) days of the bid opening date, shall make a written request to the
Director of the Office of Management and Enterprise Services to enter into
negotiations pursuant to paragraph 1 of this subsection. If approved by the Director, the Department
Office shall consult with the using agency, consultant and low bidder on
methods to reduce the project scope or other cost-saving measures.
3. If a suitable revised
scope and contract amount is agreed upon by the using agency, low lowest
responsible bidder, and the SFD Director, the Department
Office may award the public construction contract to the low lowest
responsible bidder.
4. The Department Office
shall negotiate a fair and reasonable fee with the project's consultant, if
applicable, to make any necessary revisions to the contract documents. The cost of this additional consulting work
shall be paid from the agency's available funds.
5. Approval and final
award of the contract for the construction negotiated pursuant to this
subsection shall occur no later than one hundred twenty (120) days from the
opening bid.
E. The Department of
Real Estate Services Office is authorized to issue solicitations and
award statewide contracts for managed construction service delivery in order to
provide efficient and cost-effective procurement solutions for public
agencies. Statewide contracts may be
either mandatory or nonmandatory as determined by the SFD Director.
F. The Department of
Real Estate Services Office is authorized to provide facility
management and operations and maintenance services for any state agency on a
cost-recovery basis for any facility operated by a state agency when:
1. The state agency
initiates a request with the SFD Director; or
2. Beginning on or after
July 1, 2016, the SFD The Director determines a state agency is
performing in the bottom ten percent (10%) of all state agencies with respect
to performance measures for facility management established by the Department
Office.
G. In addition to the exception
from this act hereby provided to the Oklahoma State Regents for Higher
Education and its constituent institutions and the Commissioners of the Land
Office, the State Facilities Director may authorize an exemption to the
provisions of this act to any other state agency provided that the recipient of
the exemption:
1. Adopts standards,
processes and procedures for planning, budgeting, design, facility management,
asset management and asset preservation that are substantially compliant with
those as prescribed by the Department Office;
2. Adheres to procurement
requirements of Sections 62 through 65 of this title and the provisions of this
act;
3. Reports benchmark,
budget and ongoing performance data required by the Department Office;
and
4. Participates in annual
performance reviews and organized forums for promoting best practices statewide
as determined by the SFD Director.
SECTION 32.
AMENDATORY 61 O.S. 2021,
Section 208.1, is amended to read as follows:
Section 208.1 The Department
of Real Estate Services Office may collect a reasonable fee for the
purpose of providing or contracting for architectural, engineering, land
surveying, planning, real estate and related services to state agencies and
political subdivisions of the state, and from persons requesting plans and
notification of solicitations issued by the Department Office. The Department Office may
collect a reasonable fee for management services. Annual fees to the Department Office
shall be on a cost-recovery basis and may be calculated as a percentage of
annual construction and real estate services in an amount necessary to support Department
operation as designated in the annual capital plan the Office's
operations. All fees collected in
accordance with the provisions of this section shall be deposited in the
"State Construction Revolving Fund" created in Section 208.2 of this
title.
SECTION 33.
AMENDATORY 61 O.S. 2021,
Section 208.2, is amended to read as follows:
Section 208.2 There is
hereby created in the State Treasury a revolving fund for the Department of
Real Estate Services of the Office of Management and Enterprise Services,
to be designated the "State Construction Revolving Fund". The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all funds appropriated
by the Legislature for projects included in the annual capital plan; funds from
nonappropriated sources designated for projects within a capital plan; allocations
from an approved annual capital plan designed for assessment and planning
services; allocations from an approved annual capital plan for emergency
response in accordance with Section 130 of this title; and fees collected by
the Department Office in accordance with the provisions of this
section or as otherwise provided by law.
All monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department Office. The fund shall be used to pay expenses
resulting from contracts awarded by the Department Office and to
defray Department Office operating costs and expenses the Office
incurs to support Department construction-related
operations. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against claims filed
as prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
SECTION 34.
AMENDATORY 61 O.S. 2021,
Section 209, is amended to read as follows:
Section 209. The Director
of the Office of Management and Enterprise Services shall promulgate rules:
1. For state agencies to
perform minor construction projects;
2. Specifying building
codes pursuant to the Oklahoma Uniform Building Code Commission Act for
construction projects;
3. Permitting state
agencies who have the expertise, upon written application to the Department
of Real Estate Services of the Office of Management and Enterprise
Services, to perform any part of the responsibilities of the Department Office
pursuant to the provisions of the Public Facilities Act for a specific project;
4. Specifying procedures
and guidelines for the implementation of shared savings financing by state
agencies;
5. Specifying energy
conservation performance guidelines, for conducting a life cycle cost analysis
of alternative architectural and engineering designs and alternative major
items of energy-consuming equipment to be retrofitted in existing state-owned
or leased structures and for developing energy performance indices to evaluate
the efficiency of energy utilization for completing designs in the construction
of state-financed and leased structures;
6. The time, manner,
authentication, and form of making requisitions to the Department Office;
7. The form and manner of
submission for bids or proposals and the manner of accepting and opening bids
or proposals that may include online bids pursuant to the Oklahoma Online
Bidding Act;
8. The manner for a state
agency to acquire services for construction projects;
9. Conditions under which
any of the rules herein authorized may be waived;
10. The form of any
document the Director requires;
11. Specifying provisions
a state agency shall follow to adhere to acquisition, contract, contract
management and other provisions of this title; and
12. Specifying the
process a state agency shall follow to establish the scope of work, schedule
and cost estimate for all publicly bid construction projects involving
construction or renovation of buildings.
SECTION 35.
AMENDATORY 61 O.S. 2021,
Section 210, is amended to read as follows:
Section 210. A. Shared savings contracts shall be developed
in accordance with a model contract developed by the Department of Real
Estate Services of the Office of Management and Enterprise Services. The model contract shall include:
1. The methodology for
calculating baseline energy costs;
2. A procedure for
revising these costs should the state institute additional energy conservation
features or structure use change;
3. A requirement for a
performance bond guaranteeing that the structure will be restored to the
original condition in the event of default;
4. A provision for early
buyout;
5. A clause specifying
who will be responsible for maintaining the equipment; and
6. A provision allowing
the disposal of equipment at the end of the contract.
No state agency or department shall substantially alter the
provisions described in the model without the permission of the Department
Office.
B. Contracts subject to
this section shall be awarded pursuant to the provisions of subsection A of
Section 208 of this title.
SECTION 36.
AMENDATORY 61 O.S. 2021,
Section 211, is amended to read as follows:
Section 211. On and
after July 1, 1987, when When any state agency or department must
replace or supplement major items of energy-consuming equipment in existing state-owned
or leased structures or any self-contained unit of any structure with other
major items of energy-consuming equipment, the selection of such items shall be
made on the basis of a life cycle cost analysis of alternatives in accordance
with rules and regulations promulgated by the Director of the Office of
Management and Enterprise Services.
SECTION 37.
AMENDATORY 61 O.S. 2021,
Section 212, is amended to read as follows:
Section 212. A. For purposes of this section:
1.
"Performance-based efficiency contract" means a contract for
the design, development, financing, installation, construction and service of
any improvement, repair, alteration or betterment of any public building or
facility; or any equipment, fixture or furnishing to be added to or used in any
such building or facility; or any maintenance or operational strategy that is
designed and implemented that will reduce utility consumption or lower
operating costs, and may include, but is not limited to, one or more of the
following:
a. utility
services,
b. heating,
ventilating or air conditioning system modifications or replacements and
automated control systems,
c. replacement
or modifications of lighting fixtures,
d. indoor
air quality improvements to increase air quality that conform to the applicable
state or local building code requirements when done in conjunction with other
cost-saving measures,
e. any
additional building infrastructure improvement, cost saving, life safety or any
other improvement that provides long-term operating cost reductions and is in
compliance with state and local codes, or
f. any
facility operation and support programs that reduce operating cost; and
2. "Qualified
provider" means a person or business experienced or trained in the design,
analysis, construction and/or installation of energy conservation and facility
management measures. A qualified
provider must employ a professional engineer registered in the State of
Oklahoma.
B. In addition to any
other legally permissible alternatives of entering into contracts, the Office
of Management and Enterprise Services Construction and Properties Division
may enter into performance-based efficiency contracts on behalf of all state
agencies with a qualified provider pursuant to the provisions of this section.
A qualified provider to whom the contract is awarded shall be
required to provide to the Division Office a sufficient bond for
its faithful performance of the contract.
In addition, the Division Office may require performance
bonds covering the annual amount of guaranteed savings over the contract
term. The Office of Management and
Enterprise Services State agencies may enter into an installment
contract, lease purchase agreement or other contractual obligation for the
purpose of financing performance-based efficiency projects for a term not to
exceed the greater of twenty
(20) years or the useful life of the project.
The qualified provider must guarantee the contract's cost
savings each year during the term of the agreement. In calculating cost savings, the public
entity may consider capital cost avoidance and include additional revenue that
is directly attributed to the performance-based efficiency contract. The savings must be sufficient to offset the
annual costs of the contract. The
contract shall provide for reimbursement to the state agency undertaking the
project annually for any shortfall of guaranteed savings. Savings must be measured, verified and
documented each year of the term and may be utilized to meet the annual debt
service.
The contracts authorized by this section shall include
procedures for modifying the contract should the Division Office
determine it necessary.
This section shall constitute the sole authority necessary to
enter into performance-based efficiency contracts, without regard to compliance
with other laws which may specify additional procedural requirements for
execution of contracts.
SECTION 38.
AMENDATORY 61 O.S. 2021,
Section 308, is amended to read as follows:
Section 308.
The Office of Management and Enterprise Services is hereby authorized to
lease for drilling and development of oil or gas, or both, any of the lands
belonging to the state, on which are located penal or eleemosynary public
institutions, or are connected with or a part of the lands of such
institution. Such leasing to be made by
public competition after not less than fifteen (15) days' notice by publication
electronically on an authorized state website and in two newspapers
authorized by law to publish legal notices, one of which newspapers shall be
published at the State Capital, and the other in the county where the land is
situated, and in such manner as said Office of Management and Enterprise
Services may by rule prescribe. All such
leasing must be on electronic or sealed bids and awarded to the highest
responsible bidder, and for a term of not to exceed five (5) years from date
and as long thereafter as oil and gas, or either of them, is produced in paying
quantities from the land by the lessee, provided the Office may reject any and
all bids. The oil and gas interest in
such land hereby authorized to be leased, is to the extent and in the
manner that a private owner of lands in fee, may in his own right, execute such
lease or grant.
SECTION 39.
AMENDATORY 61 O.S. 2021,
Section 309, is amended to read as follows:
Section 309. A. The Office of Management and Enterprise
Services is hereby authorized and empowered to offer for sale and sell and
execute and deliver oil and gas or mineral leases upon the lands described in
Section 1 of Title 73 of the Oklahoma Statutes under the control of said
Office of Management and Enterprise Services.
The Office of Management and Enterprise Services is hereby authorized
and empowered to enter into contracts with persons or corporations for the
drilling of oil and gas wells on any such property owned by the state. No such lease or drilling contract shall be
entered into by said Office of Management and Enterprise Services which
provides for the payment of a royalty to the State of Oklahoma of less than
one-eighth (1/8) of all of the oil, gas, or casinghead gas produced, saved, and
sold from said lands, plus cash bonus, of the royalty in said leases. Such Office shall give notice of its
intention to offer for sale said lease or drilling contract by advertising said
fact for a period of at least twenty-one (21) days electronically on an
authorized state website and in a legal newspaper published and of general
circulation in the county where said lands are located. The Office shall award such lease, leases, or
drilling contracts to the highest and best responsible
bidder. All bidding shall be by sealed
written or electronic bids filed with said Office of Management and
Enterprise Services.
B.
The monies received as royalties, bonuses, or rentals by the Office
of Management and Enterprise Services for the use and benefit of this state not
paid by said Office of Management and Enterprise Services to the Treasurer
shall be credited into the General Revenue Fund. All royalties, bonuses, and rentals accruing
to the state from any contracts or leases executed pursuant to the provisions
of subsection A of this section and all other monies received from the sale of
any such leases, bonuses, and royalties or other contracts made by said Office
of Management and Enterprise Services shall be credited to the Public Building
Fund Maintenance of State Buildings Revolving Fund of the State of
Oklahoma.
SECTION 40.
AMENDATORY 61 O.S. 2021,
Section 311, is amended to read as follows:
Section 311. The lands
described in Section One of this act Sections 308 through 317 of this
title shall be under the exclusive control and jurisdiction of the State of
Oklahoma and the zoning and drilling regulations of any municipality of this
state shall not apply thereto.
SECTION 41.
AMENDATORY 61 O.S. 2021,
Section 312, is amended to read as follows:
Section 312. If any
section, paragraph, sentence or phrase of this act title shall be
declared unconstitutional or void for any reason by any court of final
jurisdiction, such decision shall not in any way invalidate or affect any other
section, paragraph, sentence or phrase of this act but the same shall continue
in full force and effect.
SECTION 42.
AMENDATORY 61 O.S. 2021,
Section 316, is amended to read as follows:
Section 316. All proceeds
derived from any royalty under such leases or any bonus received from the sale
of such leases, shall be paid into the General Revenue Fund Maintenance
of State Buildings Revolving Fund of the state but this section shall not
be a part of any contract with any lessee hereunder.
SECTION 43.
AMENDATORY 61 O.S. 2021,
Section 317, is amended to read as follows:
Section 317. The Office
of Management and Enterprise Services is hereby authorized and empowered to
sell and execute oil and gas leases, and other mining leases, on any of the
lands of this state under the control of said Office of Management and
Enterprise Services. Sale of Oklahoma
State Capitol lands or parkways or the Executive Mansion lands shall be made
upon a basis of a retained royalty of not less than one-eighth (1/8) of all the
oil, gas, and other minerals produced therefrom, and such additional cash bonus
as may be procured. Such leases shall
contain a provision that in the event of the discovery of natural gas, gas
shall be furnished free of charge to any state institution located or hereafter
located upon the lands covered by said lease, or leases. Said leases shall be sold only after
advertisement for a period of three (3) weeks electronically on an
authorized state website and in a legal newspaper published and of general
circulation in the county in which said lands are located. The sale shall be made to the highest and
best responsible bidder, and all bids for any tract shall be
presented to the Office of Management and Enterprise Services electronically
or in sealed envelopes, and shall all be opened and considered at the same
time. Said Office of Management and
Enterprise Services shall have the right to reject any and all of said bids and
again readvertise said lease, or leases, for sale.
The Office of Management and
Enterprise Services is further authorized to make and promulgate such
additional rules and regulations as he may deem necessary and for the best
interest of the state in facilitating the sale of said leases. The Director may contract with other state
agencies to implement the provisions of this section and any expenses charged
under such contract may be paid from the proceeds of the lease.
All monies derived from the sale of
any and all of said leases, and from any royalties subsequently accruing, after
deduction of the amount required to pay necessary and actual expenses of
developing the lease, shall be paid into the State Treasury and credited to the
General Revenue Fund of the state Maintenance of State Buildings
Revolving Fund.
SECTION 44.
AMENDATORY 61 O.S. 2021,
Section 323, is amended to read as follows:
Section 323. A. The Director of the Office of Management and
Enterprise Services is hereby authorized to lease for a temporary period of
time the surface of any of the lands belonging to the state described in
Section 322 of this title, which are not needed or required for the proper
maintenance of the institutions or departments in possession thereof.
B.
Except as otherwise provided by Section 6201 of Title 74 of the
Oklahoma Statutes, leases Leases shall be for a period of time not
exceeding five (5) years and upon such other terms and conditions as the
Director may determine to be in the best interests of the state.
C.
Except as otherwise provided by Section 6201 of Title 74 of the
Oklahoma Statutes, leases Leases shall provide for a termination of
the lease upon reasonable notice in writing whenever the needs of the state or
the institution in possession thereof requires the land.
D.
The Director may also execute lease contracts for the lands to any
institution or agency or department, commission, or municipal subdivision that
requires the need of the land in conjunction with cooperation or participation
in any city or state project authorized by law, if contracts or agreements will
not interfere with or restrict in any manner, the proper use of the lands by
the state institution in possession thereof.
E.
The Commissioners of the Land Office, the Oklahoma Ordnance Works
Authority, the Midwestern Oklahoma Development Authority, the Oklahoma
Department of Transportation, the Oklahoma Turnpike Authority and the Northeast
Oklahoma Public Facilities Authority and their lands shall be exempt from the
application of this section.
F.
Lands leased to private prison contractors pursuant to Section 561 of
Title 57 of the Oklahoma Statutes shall be exempt from the application of this
section.
SECTION 45.
AMENDATORY 61 O.S. 2021,
Section 324, is amended to read as follows:
Section 324. The Director
of the Office of Management and Enterprise Services is authorized and directed
to take charge of, manage, and lease "Capitol Building Lands",
described as follows:
Lots 31 and 32, Ethel Park Addition
to Oklahoma City, Oklahoma, known as Tract No. 23, being a part of Section 23 -
Twp. 12N - R - 3 West.
Lots 1, 2, 3, 4, 5, and lots 45, 46,
47, and 48 in Block 6, Ethel Park Addition to Oklahoma City, Oklahoma, known as
Tract No. 24, being a part of Section 23 - Twp. 12 N - R - 3 West.
Lots 1, 2, 3, 4, 5, 6, and 43, 44,
45, 46, 47, and 48, Block 1, Ethel Park Addition to Oklahoma City, Oklahoma, known
as Tract No. 25, being a part of Section 23 Twp. 12 N - R - 3 West.
Lots 30 and 31, Woody Crest Addition
to Oklahoma City, Oklahoma, known as Tract No. 39, being a part of Section 22 -
Twp. 12N - R - 3 West.
Lots 11 and 12, Stevens Hamill
Addition to Oklahoma City, Oklahoma, known as Tract No. 19, being a part of
Section 26 Twp. 12N - R - 3 West.
Lots 11 and 12, Block 3, Northeast
Highland Addition to Oklahoma City, Oklahoma, known as Tract No. 40, being a
part of Section 23 - Twp. 12N - R - 3 West.
Lots 35, 36, 37, and 38 Northeast
Highland Addition to Oklahoma City, Oklahoma, known as Tract No. 44, being a
part of Section 22 - Twp. 12N - R - 3 West.
Lots 7, 8, 9, and 10, Block 1,
Donley Heights, a subdivision of Blocks 19 and 20, Barrows Second Addition to
Oklahoma City, Oklahoma. Lots 31 and 32, Block 4, of the subdivision of Lots 9
and 10, and 23 and 24 of Barrows First and Second Additions to Oklahoma City, Oklahoma. Lots 11 and 12, Block 3, Northeast Highland
Addition, being a part of Blocks 25 and 26, Barrows Second Addition to Oklahoma
City, Oklahoma. All of the above lots in
Barrows Addition being known as Tract No. 41.
A tract of land 48' x 128' facing NE
38th Street and located between Lindsay Avenue and First Street west known as
Tract No. 29. Lots 9 and 10, Block 2, Stevens Hamill Addition to Oklahoma City,
Oklahoma, known as Tract No. 18, being a part of Section 26 - Twp. 12 N - R - 3
West.
Lots 13 through 24, inclusive, Block
2, Frances Heights Addition to Oklahoma City, Oklahoma, known as Tract No. 43,
being a part of Section 22 - Twp. 12 N - R - 3 West.
Lots 5, 6, 11, 12, 19 and 20, Block
2, Hares Lake View Addition, situated approximately two and one-half (2 1/2)
miles Northeast of Oklahoma City, Oklahoma, known as Tract No. 30, being a part
of Section 11 - Twp. 12 N - R - 3 West.
Also the following acreage tracts of
land:
Two (2) acres, situated three and
one-half (3 1/2) miles East on 23rd Street hence two (2) miles North, thence
one-half (1/2) mile East, thence one-fourth (1/4) mile North from the State
Capitol Building, known as Tract No. 3, being a part of SE 1/4 of SW 1/4 of
Section 8 - Twp. 12 N - R - 2 West.
Five (5) acres, situated one and
one-half (1 1/2) miles East and one and one-half (1 1/2) miles North of the
State Capitol Building, facing on Eastern Avenue and laying directly South of
Springlake Park, and known as Tract No. 28.
Also described as S 1/2 of SE 1/4 of NE 1/4 of SE 1/4 of Section 14,
Township 12 North, Range 3 West.
Also other lots and tracts not
listed or described above constituting the small balance of "State Capitol
Building Land" not heretofore disposed of pursuant to the provision of Chapter
298, Session Laws 1919.
SECTION 46.
AMENDATORY 61 O.S. 2021,
Section 326, is amended to read as follows:
Section 326. After
payment of all costs incurred in the inventory and appraisal and advertisement
and costs of sale, the remaining proceeds therefrom, and any monies derived
from leasing the property described in Section 324 of this title, shall be
deposited in a special "Capitol Building Maintenance and Repair
Fund" the Maintenance of State Buildings Revolving Fund. The fund shall be used for the maintenance
and repair of all State Capitol Buildings, grounds, shrubbery, boulevards, and
streets surrounding the same. The funds
shall be paid upon claims made therefor by the Office of Management and
Enterprise Services and approved by the Director of the Office of Management
and Enterprise Services. The leasing
for oil and gas purposes of any such lands and the proceeds therefrom shall be
conducted and handled by the Office of Management and Enterprise Services
pursuant to Section 317 of this title.
SECTION 47.
AMENDATORY 61 O.S. 2021,
Section 327, is amended to read as follows:
Section 327. A. Unless procedures for state agency real
property transactions are otherwise specifically provided for by law, no state
agency shall sell, lease, exchange, or otherwise dispose of such real property
subject to its jurisdiction, or lease, purchase or otherwise acquire real
property subject to its jurisdiction, except as authorized by subsection L of this
section and as otherwise provided for in this section. As used in this section, "state
agency" means any department, board, commission, institution, agency or
entity of state government.
B.
1. Every state agency shall
request the Office of Management and Enterprise Services to dispose of real
property upon:
a. legislative
authorization,
b. authorization
by the Long-Range Capital Planning Commission, or
c. a
determination, in writing, by the Office of Management and Enterprise Services
or the state agency that a parcel of real property subject to its jurisdiction
is no longer needed.
2.
Upon the request of the state agency to dispose of real property, the
Office of Management and Enterprise Services shall estimate the value of the
property, and:
a. for
properties with an estimated value of greater than Twenty-five Thousand Dollars
($25,000.00), obtain at least one complete appraisal made by a person
certified by the Real Estate Appraiser Board of the Oklahoma Insurance
Department, who shall ascertain:
(1) the
present fair value of the property,
(2) the
present value of the improvements on such property, and
(3) the
actual condition of the improvements on the property,
b. after
completion of the provisions of subsection L of this section, cause notice of
such sale to be published for at least one (1) day in a newspaper of general
statewide circulation authorized to publish legal notices, and weekly for three
(3) consecutive weeks in a newspaper of general circulation published in the
county or counties in which the property is located. The notice shall contain the legal
description of each parcel of real property to be offered for sale, the
appraised value thereof, the time and location of the sale or opening of the
bids, and terms of the sale including the fact that no parcel of property shall
be sold for less than ninety percent (90%) of the appraised value of the real
property; provided, in lieu of such procedure, the information may be published
electronically on the Office of Management and Enterprise Services' website if
the notice of sale and instructions on accessing the public information are
published in a newspaper of general circulation in the county or counties in
which the property is located weekly for three (3) consecutive weeks,
c. offer
the property through electronic auction, public auction or sealed bids
within three (3) weeks after the last publication of the notice. The property shall be sold to the highest
bidder. The Office of Management and
Enterprise Services shall not accept a bid of less than ninety percent (90%) of
the average appraised fair value of the property and the improvements on such
property, and
d. if
the property is being disposed of in compliance with Section 908 of Title 62 of
the Oklahoma Statutes, the Office may auction the property at public or
electronic auction provided proper public notice is given in compliance with
this section and the property has been approved for liquidation by the Long-Range
Capital Planning Commission. The Office
of Management and Enterprise Services is authorized to reject all bids,
e. if the property has
an estimated value of less than Twenty-five Thousand Dollars ($25,000.00), the
Office of Management and Enterprise Services may establish the value through
market comparison and may dispose of the property based on estimated value
without obtaining a certified appraisal; provided, however, the sale shall
comply with all other requirements of statute, and
f. if the property is
landlocked, the Office of Management and Enterprise Services may offer the
property through indirect sale to the adjacent property owner for not less than
ninety percent (90%) of fair market value, as determined in compliance with
this section. All sales costs, including
any required surveys and appraisals, shall be at the expense of the buyer.
3.
The cost of the appraisal required by the provisions of this section,
together with other necessary expenses incurred pursuant to this section, shall
be paid by the state agency for which the real property is to be sold from
funds available to the state agency for such expenditure. All monies received from the sale or disposal
of the property, except those monies necessary to pay the expenses incurred
pursuant to this section, shall be deposited in the Maintenance of State
Buildings Revolving Fund unless otherwise provided by law.
4.
The Office of Management and Enterprise Services may dismiss from
consideration any appraisal found to be incomplete or flawed.
C.
Unless otherwise provided by law, the Office of Management and
Enterprise Services shall review and approve state agency real property
transactions. A state agency shall not
lease or acquire real property, or lease, dispose of or transfer state-owned
real property until the Office provides notice of transaction approval to the
state agency. Prior to approval, a state
agency shall provide documents to the Office and provide reference to statutory
or other legal authority of the state agency to lease or acquire real property,
or lease, dispose of or transfer state-owned real property. If the state agency intends to lease or
acquire real property, the state agency shall state the intended use of the
real property, and shall provide the Office with required telework
documentation. Within thirty (30) days
of receipt, the Office shall provide notice of transaction approval or
disapproval to the state agency.
D.
The provisions of this section shall not apply to the lease of office
space or real property subject to supervision of the Commissioners of the Land
Office or district boards of education.
E.
1. The Office of Management and
Enterprise Services shall maintain a comprehensive inventory of state-owned
real property and its use excluding property of the public schools and property
subject to the jurisdiction of the Commissioners of the Land Office.
2.
Each state agency shall, within thirty (30) days of the closing date for
lands newly acquired, provide to the Office a list of records, deeds, abstracts
and other title instruments showing the description of and relating to any and
all such lands or interests therein.
3.
The provisions of paragraph 2 of this subsection shall apply to all
lands of public trusts having a state agency as the primary beneficiary, but
shall not apply to lands of municipalities, counties, school districts, or
agencies thereof, or Department of Transportation rights-of-way.
4.
A state agency that sells or otherwise disposes of land shall notify the
Office within thirty (30) days of the disposition closing date.
F.
This section shall not be construed to authorize any state agency, not
otherwise authorized by law, to sell, lease, or otherwise dispose of any real
property owned by the state.
G.
The Office of Management and Enterprise Services and the Secretary of
the Commissioners of the Land Office, or designee, as provided in subsection L
of this section may provide services to sell, transfer, trade or purchase real
property for other state agencies.
H. The Director of the
Office of Management and Enterprise Services shall, pursuant to the
Administrative Procedures Act, promulgate rules to effect procedures necessary
to the fulfillment of its responsibilities under this section.
I.
The Oklahoma Ordnance Works Authority and its lands, and the Northeast
Oklahoma Public Facilities Authority, the Oklahoma Historical Society, the
Oklahoma Department of Transportation, the Oklahoma Turnpike Authority and the
Department of Wildlife managed lands shall be exempt from the application of
this section. The Grand River Dam
Authority and its lands shall be exempt from the application of this section
for any real property disposed of prior to November 1, 2006.
J.
Unless otherwise provided for by law, the procedures established
pursuant to this section for the sale or exchange of real estate or personal
property as authorized pursuant to Sections 2222 and 2223 of Title 74 of the
Oklahoma Statutes shall be followed unless the sale is to an entity of state
government.
K.
The Director of the Office of Management and Enterprise Services shall
contract with experts, professionals or consultants as necessary to perform the
duties of the Office. Selections shall
be made using the qualifications-based procedures established in Section 62 of
this title and the rules promulgated by the Director for the selection of
construction managers and design consultants.
L.
1. No state agency shall sell,
lease, exchange, or otherwise dispose of such real property subject to its
jurisdiction, or lease, purchase or otherwise acquire real property subject to
its jurisdiction, until such agency or the Office of Management and Enterprise
Services acting on the agency's behalf has presented to the Secretary of the
Commissioners of the Land Office, or designee, all information collected
pursuant to subparagraph a of paragraph 2 of subsection B of this section, and
provided the Secretary of the Commissioners of the Land Office or designee a
twenty-calendar-day period to provide a proposal for the acquisition or
disposal of applicable real property.
2.
The Secretary of the Commissioners of the Land Office or designee may
decline to provide such a proposal,; provided such notice of
decline is communicated to the Office of Management and Enterprise Services in
written or electronic form. Upon the
reception of such notice of decline by the Office of Management and Enterprise
Services, the twenty-calendar-day period otherwise required by this subsection
shall be deemed to have expired.
SECTION 48.
AMENDATORY 61 O.S. 2021,
Section 327.1, is amended to read as follows:
Section 327.1 A. When historic significance, location,
advancement of the long term capital asset plan or other factors make
disposition of state-owned properties under Section 327 of Title 61 of the
Oklahoma Statutes this title not in the best interest of the state,
the Office of Management and Enterprise Services may invite the presentation of
written proposals for the purchase or, lease, and sale,
exchange, construction, maintenance, repair, improvement, development, or
redevelopment, of state-owned property provided the property meets one or
more of the following criteria:
1. The property is listed
on the National Register of Historic Places;
2. The property is
designated by the Oklahoma Historical Society as a property of historical
interest or significance;
3. The property is
located within the Oklahoma State Capitol Complex; or
4. The property is
located within a campus owned by the State of Oklahoma;.
B. Proposals shall be
evaluated by a committee selected by the Director of the Office of Management
and Enterprise Services which shall include at least one member of the Long-Range
Capital Planning Commission or a designee.
The evaluation of the proposals shall be based on the principal criteria
of:
1. The proposal's
economic benefits, cultural benefits, job creation potential, advancement of
long term capital asset plan or other benefits to the State of Oklahoma and the
general public;
2. The qualifications and
experience of the construction or maintenance provider, developer, or
redeveloper;
3. The financial ability
of the construction or maintenance provider, developer, or redeveloper
to complete the redevelopment in a timely fashion; and
4. When applicable, the
fidelity of the proposed renovation or redevelopment with the historic
significance of the property.
C. The Office of
Management and Enterprise Services may enter into negotiations with one or more
respondents and may enter into contracts with the respondent or respondents
selected by the committee.
The Office of Management and Enterprise Services may reject any
and all bids proposals.
SECTION 49.
AMENDATORY 61 O.S. 2021,
Section 330.1, is amended to read as follows:
Section 330.1 All
instruments vesting any right, title or interest in lands or minerals and
mineral rights, in providing for the passage of title or release of
interest to or from the Office of Management and Enterprise Services or
any other state agency, whether as grantor or grantee, and all instruments
to adjust any defect or irregularity or to remove any cloud on the title to
lands or minerals or mineral rights owned by the state, and all notices and
orders issued by the Office of Management and Enterprise Services and proofs of
publication thereof, shall be filed and recorded by the proper officers
of all counties of the State of Oklahoma at the request of the Office of
Management and Enterprise Services without any filing or recording fee being
charged.
SECTION 50.
REPEALER 61 O.S. 2021,
Sections 8, 9, 10, 14, and 15, are hereby repealed.
SECTION 51.
REPEALER 61 O.S. 2021, Section
51, is hereby repealed.
SECTION 52.
REPEALER 61 O.S. 2021,
Sections 103.8 and 129, are hereby repealed.
SECTION 53.
REPEALER 61 O.S. 2021, Section
203, is hereby repealed.
SECTION 54.
REPEALER 61 O.S. 2021,
Sections 315, 321, 329, 330, and 331, are hereby repealed.
SECTION 55.
This act shall become effective November 1, 2022.
Passed the
House of Representatives the 4th day of May, 2022.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 27th day of
April, 2022.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________