{"data":{"id":"us-ok/okla.-stat.-tit.-61-61-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 61, § 61-103","heading":"Governing law - Solicitation and award of contracts","body":"A. Unless otherwise provided by law, all public construction\n\ncontracts exceeding One Hundred Thousand Dollars ($100,000.00) or\n\nconstruction management trade contracts or subcontracts exceeding\n\nFifty Thousand Dollars ($50,000.00) shall be let and awarded to the\n\nlowest responsible bidder, by open competitive bidding after\n\nsolicitation for sealed bids, in accordance with the provisions of\n\nthe Public Competitive Bidding Act of 1974. No work shall be\n\ncommenced until a written contract is executed and all required\n\nbonds and insurance have been provided by the contractor to the\n\nawarding public agency.\n\nB. Notwithstanding subsection A of this section, in awarding\n\npublic construction contracts exceeding One Hundred Thousand Dollars\n\n($100,000.00) or construction management trade contracts or\n\nsubcontracts exceeding Fifty Thousand Dollars ($50,000.00),\n\ncounties, cities, other local units of government and any public\n\ntrust with a county or a municipality as its sole beneficiary shall\n\nprovide for a local bid preference of not more than five percent\n\n(5%). Provided, however, the local bidder or contractor must agree\n\nto perform the contract for the same price and terms as the bid\n\nproposed by the nonlocal bidder or contractor. Provided further, no\n\nlocal bid preference shall be granted unless the local bidding\n\nentity is the second lowest qualified bid on the contract. The bid\n\nspecifications shall clearly state that the bid is subject to a\n\nlocal bidder preference law. For purposes of this section, “local\n\nbid” means the bidding person is authorized to transact business in\n\nthis state and maintains a bona fide establishment for transacting\n\nsuch business within this state. This provision does not apply to\n\nany construction contract for which federal funds are available for\n\nexpenditure when its provisions may be in conflict with federal law\n\nor regulation.\n\nC. Except as provided in subsection E of this section, other\n\nconstruction contracts for the purpose of making any public\n\nimprovements or constructing any public building or making repairs\n\nto the same for One Hundred Thousand Dollars ($100,000.00) or less\n\nshall be let and awarded to the lowest responsible bidder by receipt\n\nof written bids or awarded on the basis of competitive quotes to the\n\nlowest responsible qualified contractor. Work may be commenced in\n\naccordance with the purchasing policies of the public agency.\n\nD. Except as provided in subsection E of this section, other\n\nconstruction contracts for less than Ten Thousand Dollars\n\n($10,000.00) may be negotiated with a qualified contractor. Work\n\nmay be commenced in accordance with the purchasing policies of the\n\npublic agency.\n\nE. The provisions of this subsection shall apply to public\n\nconstruction for minor maintenance or minor repair work to public\n\nschool district property. Other construction contracts for less\n\nthan Twenty-five Thousand Dollars ($25,000.00) may be negotiated\n\nwith a qualified contractor. Construction contracts equal to or\n\ngreater than Fifty Thousand Dollars ($50,000.00) but less than One\n\nHundred Thousand Dollars ($100,000.00) shall be let and awarded to\n\nthe lowest responsible bidder by receipt of written bids. No work\n\nshall be commenced on any construction contract until a written\n\ncontract is executed and proof of insurance has been provided by the\n\ncontractor to the awarding public agency.\n\nF. The Construction and Properties Division of the Office of\n\nManagement and Enterprise Services may award contracts using best\n\nvalue competitive proposals. As used in this subsection, “best\n\nvalue” means an optional contract award system which can evaluate\n\nand rank submitted competitive performance proposals to identify the\n\nproposal with the greatest value to the state. The Office of\n\nManagement and Enterprise Services, pursuant to the Administrative\n\nProcedures Act, shall promulgate rules necessary to implement the\nst\n\nvalue competitive proposals. As used in this subsection, “best\n\nvalue” means an optional contract award system which can evaluate\n\nand rank submitted competitive performance proposals to identify the\n\nproposal with the greatest value to the state. The Office of\n\nManagement and Enterprise Services, pursuant to the Administrative\n\nProcedures Act, shall promulgate rules necessary to implement the\n\nprovisions of this subsection.\n\nG. 1. A public agency shall not let or award a public\n\nconstruction contract exceeding One Hundred Thousand Dollars\n\n($100,000.00) or a construction management trade contract or\n\nsubcontract exceeding Fifty Thousand Dollars ($50,000.00) to any\n\ncontractor affiliated with a purchasing cooperative unless the\n\npurchasing cooperative and the contractor have complied with all of\n\nthe provisions of the Public Competitive Bidding Act of 1974,\n\nincluding, but not limited to, open competitive bidding after\n\nsolicitation for sealed bids. A public agency shall not let or\n\naward a public construction contract exceeding Ten Thousand Dollars\n\n($10,000.00) up to One Hundred Thousand Dollars ($100,000.00) to any\n\ncontractor affiliated with a purchasing cooperative unless the\n\npurchasing cooperative and the contractor have complied with all of\n\nthe provisions of the Public Competitive Bidding Act of 1974,\n\nincluding submission of a written bid upon notice of competitive\n\nbidding.\n\n2. A purchasing cooperative and its affiliated contractors\n\nshall not be allowed to bid on any public construction contract\n\nexceeding One Hundred Thousand Dollars ($100,000.00) or any\n\nconstruction management trade contract or subcontract exceeding\n\nFifty Thousand Dollars ($50,000.00) unless the purchasing\n\ncooperative and its affiliated contractors have complied with all of\n\nthe provisions of the Public Competitive Bidding Act of 1974,\n\nincluding, but not limited to, open competitive bidding after\n\nsolicitation for sealed bids. A purchasing cooperative and its\n\naffiliated contractors shall not be allowed to bid on any public\n\nconstruction contract exceeding Five Thousand Dollars ($5,000.00)\n\nunless the purchasing cooperative and its affiliated contractors\n\nhave complied with all of the provisions of the Public Competitive\n\nBidding Act of 1974, including submission of a written bid upon\n\nnotice of open competitive bidding.\n\n3. Local governmental units, or local governmental units\n\ncooperating under the terms of any interlocal cooperative agreement\n\nauthorized by state law, may create a purchasing cooperative or\n\ncontract with a purchasing cooperative to provide leverage in\n\nachieving best value or the best terms in contracts. To encourage\n\nintergovernmental collaboration, any purchasing cooperative or\n\ninterlocal cooperative entity may utilize any single legal newspaper\n\nof this state to serve as sufficient compliance for bid notice\n\nrequirements of competitive bidding or solicitation of bids. If the\n\npurchasing cooperative or interlocal cooperative entity is engaging\n\nin a project exclusive to a county or group of counties of this\n\nstate, and not open to all governmental units or public trusts that\n\nwish to participate statewide, the bid notice shall be published in\n\na legal newspaper located within the county or group of counties.\n\nAny local governmental unit or public trust that enters into\n\nmembership or contracts with a purchasing cooperative or interlocal\n\ncooperative entity may enter into purchases or contracts under the\n\nterms negotiated by the purchasing cooperative or interlocal\n\ncooperative entity. If the purchasing cooperative or interlocal\n\ncooperative entity complies with the requirements of this section of\n\nlaw, all local governmental units shall be deemed in compliance with\n\nthe requirements set forth for bid notices and publication.","path":["OK Code","Title 61"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os61.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2af8a0eb8de1468dc77d5d47aa0f161e1e91fb6fb3958d01e7cb23a081a87120","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-61-61-102","next":"us-ok/okla.-stat.-tit.-61-61-103.2"},"notice":"GroundRules: Original legal text. Not legal advice."}