{"data":{"id":"us-ok/okla.-stat.-tit.-61-61-202","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 61, § 61-202","heading":"Definitions","body":"As used in the Public Facilities Act:\n\n1. “Annual capital plan” means the collective state facility\n\ncapital improvements, facility operations and maintenance, rent and\n\nlease payments, facility debt services, water, sewer and energy\n\nutilities and real property transactions approved by the Legislature\n\nin a capital budget relative to state construction, maintenance, and\n\nreal estate services;\n\n2. “Capital planning and asset management” means the processes\n\nfor real property data acquisition, data analysis and determination\n\nof capital construction projects and procurement related to real\n\nproperty;\n\n3. “Construction” means the process of planning, acquiring,\n\ndesigning, building, equipping, altering, repairing, improving,\n\nmaintaining, leasing, disposing or demolishing any structure or\n\nappurtenance thereto including facilities, utilities, or other\n\nimprovements to any real property but not including highways,\n\nbridges, airports, railroads, tunnels, sewers not related to a\n\nstructure or appurtenance thereto, or dams;\n\n4. “Construction administration” means a series of actions\n\nrequired of the Office of Management and Enterprise Services or\n\nother state agency employees, or, under a construction\n\nadministration contract or contract provision, to ensure the full,\n\ntimely, and proper performance of all phases of a construction\n\nproject by all contractors, suppliers, and other persons having\n\nresponsibility for project work and any guarantees or warranties\n\npertaining thereto;\n\n5. “Construction management” means a project delivery method\n\nbased on an agreement whereby the owner acquires from a construction\n\nentity a series of services that include, but are not necessarily\n\nlimited to, design review, scheduling, cost control, value\n\nengineering, constructability evaluation, preparation and\n\ncoordination of bid packages, and construction administration;\n\n“construction management” includes:\n\na. “agency construction management” whereby the\n\nconstruction entity provides services to the owner\n\nwithout taking on financial risks for the execution of\n\nthe actual construction or time of performance, and\n\nthe owner contracts directly with those awarded trade\n\ncontracts for the work, and\n\nb. “at-risk construction management” whereby the\n\nconstruction entity, after providing agency services\n\nduring the pre-construction period:\n\n(1) takes on the financial obligation to timely carry\n\nout construction under a specified cost\n\nagreement, and\n\n(2) enters into written subcontracts for the work in\n\naccordance with the construction management\n\nprocedures for state agencies;\n\n6. “Consultant” means an individual or legal entity possessing\n\nthe qualifications to provide licensed architectural, registered\n\nengineering, registered land surveying, certified appraisal, land\n\ntitle, or abstract services or possessing specialized credentials\n\nand qualifications as may be needed to evaluate, plan or design for\n\nany construction or public work improvement project, or to lease,\n\nacquire or dispose of state-owned real property;\n\n7. “Energy performance index or indices” (EPI) means a number\n\ndescribing the energy requirements at the building boundary of a\n\nstructure, per square foot of floor space or per cubic foot of\n\noccupied volume, as appropriate under defined internal and external\n\nambient conditions over an entire seasonal cycle. As experience\n\ndevelops on the energy performance achieved with state construction,\n\nthe indices (EPI) will serve as a measure of structure performance\n\nwith respect to energy consumption;\n\n8. “Life cycle costs” means the cost of owning, operating, and\n\nmaintaining the structure over the life of the structure. This may\n\nbe expressed as an annual cost for each year of the facility’s use;\n\n9. “Office” means the Office of Management and Enterprise\n\nServices;\nwith state construction,\n\nthe indices (EPI) will serve as a measure of structure performance\n\nwith respect to energy consumption;\n\n8. “Life cycle costs” means the cost of owning, operating, and\n\nmaintaining the structure over the life of the structure. This may\n\nbe expressed as an annual cost for each year of the facility’s use;\n\n9. “Office” means the Office of Management and Enterprise\n\nServices;\n\n10. “Procurement” means buying, purchasing, renting, leasing,\n\nallocating, trading or otherwise acquiring or disposing of supplies,\n\nservices, or construction necessary to evaluate, plan, construct,\n\nmanage, operate and preserve real property capital assets;\n\n11. “Public improvement” means any beneficial or valuable\n\nchange or addition, betterment, enhancement or amelioration of or\n\nupon any real property, or interest therein, belonging to a state\n\nagency and the State of Oklahoma, intended to enhance its value,\n\nbeauty or utility or to adapt it to new or further purposes. The\n\nterm does not include the direct purchase of materials used for\n\ngeneral repairs and maintenance to state facilities;\n\n12. “Shared savings financing” means the financing of energy\n\nconservation measures and maintenance services through a private\n\nfirm which may own any purchased equipment for the duration of a\n\ncontract. Such contract shall specify that the private firm will be\n\nrecompensed either out of a negotiated portion of the savings\n\nresulting from the conservation measures and maintenance services\n\nprovided by the private firm or, in the case of a cogeneration\n\nproject, through the payment of a rate for energy lower than would\n\notherwise have been paid for the same energy from current sources;\n\nand\n\n13. “State agency” means an agency, board, commission, counsel,\n\ncourt, office, officer, bureau, institution, unit, division, body,\n\nor house of the executive or judicial branches of government of this\n\nstate, whether elected or appointed, excluding only political\n\nsubdivisions, the Oklahoma State Regents for Higher Education and\n\nits constituent institutions, the Oklahoma Municipal Power\n\nAuthority, and the Commissioners of the Land Office.","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":"6d7dd4545e4cca81df4df05f822a55c09bbf071ad78cef6860f760f58f7b5f94","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-61-61-201","next":"us-ok/okla.-stat.-tit.-61-61-202.1"},"notice":"GroundRules: Original legal text. Not legal advice."}