{"data":{"id":"us-ok/okla.-stat.-tit.-61-61-208","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 61, § 61-208","heading":"Approval, negotiation and award of contracts - Costs","body":"exceeding estimated and available funding – Negotiations – Contracts\n\nfor managed construction services delivery – Facility management and\n\nmaintenance.\n\nA. The Office of Management and Enterprise Services shall\n\nselect and award contracts to construction managers and design\n\nconsultants pursuant to the provisions of Section 62 of this title.\n\nB. The negotiation of construction manager and consultant\n\ncontracts and fees shall be performed by the Office.\n\nC. The Office shall award and administer construction contracts\n\nfor state agencies pursuant to the provisions of the Public\n\nCompetitive Bidding Act of 1974.\n\nD. 1. When all bids for a public construction contract exceed\n\nthe programmed estimate and available funding, the Office may enter\n\ninto negotiations with the lowest responsible bidder for the purpose\n\nof modifying the project scope and reducing the construction cost,\n\nprovided that:\n\na. the unexpected higher construction costs resulted from\n\nunforeseen economic conditions or otherwise sudden\n\nprice volatility in the construction industry,\n\nb. the project was appropriately planned, and cost\n\nestimates were developed using standards of care\n\nacceptable to the Office, and\n\nc. further delay caused by redesigning and rebidding the\n\nproject would jeopardize the using agency's mission or\n\nresult in the loss of a planned funding source.\n\n2. To request consideration for negotiations pursuant to this\n\nsubsection, the using agency, within ten (10) days of the bid\n\nopening date, shall make a written request to the Director of the\n\nOffice of Management and Enterprise Services to enter into\n\nnegotiations pursuant to paragraph 1 of this subsection. If\n\napproved by the Director, the Office shall consult with the using\n\nagency, consultant and low bidder on methods to reduce the project\n\nscope or other cost-saving measures.\n\n3. If a suitable revised scope and contract amount is agreed\n\nupon by the using agency, lowest responsible bidder, and the\n\nDirector, the Office may award the public construction contract to\n\nthe lowest responsible bidder.\n\n4. The Office shall negotiate a fair and reasonable fee with\n\nthe project's consultant, if applicable, to make any necessary\n\nrevisions to the contract documents. The cost of this additional\n\nconsulting work shall be paid from the agency's available funds.\n\n5. Approval and final award of the contract for the\n\nconstruction negotiated pursuant to this subsection shall occur no\n\nlater than one hundred twenty (120) days from the opening bid.\n\nE. The Office is authorized to issue solicitations and award\n\nstatewide contracts for managed construction service delivery in\n\norder to provide efficient and cost-effective procurement solutions\n\nfor public agencies. Statewide contracts may be either mandatory or\n\nnonmandatory as determined by the Director.\n\nF. The Office is authorized to provide facility management and\n\noperations and maintenance services for any state agency on a cost-\n\nrecovery basis for any facility operated by a state agency when:\n\n1. The state agency initiates a request with the Director; or\n\n2. The Director determines a state agency is performing in the\n\nbottom ten percent (10%) of all state agencies with respect to\n\nperformance measures for facility management established by the\n\nOffice.\n\nG. In addition to the exception from this act hereby provided\n\nto the Oklahoma State Regents for Higher Education and its\n\nconstituent institutions and the Commissioners of the Land Office,\n\nthe Director may authorize an exemption to the provisions of this\n\nact to any other state agency provided that the recipient of the\n\nexemption:\n\n1. Adopts standards, processes and procedures for planning,\n\nbudgeting, design, facility management, asset management and asset\n\npreservation that are substantially compliant with those as\n\nprescribed by the Office;\nthe Commissioners of the Land Office,\n\nthe Director may authorize an exemption to the provisions of this\n\nact to any other state agency provided that the recipient of the\n\nexemption:\n\n1. Adopts standards, processes and procedures for planning,\n\nbudgeting, design, facility management, asset management and asset\n\npreservation that are substantially compliant with those as\n\nprescribed by the Office;\n\n2. Adheres to procurement requirements of Sections 62 through\n\n65 of this title and the provisions of this act;\n\n3. Reports benchmark, budget and ongoing performance data\n\nrequired by the Office; and\n\n4. Participates in annual performance reviews and organized\n\nforums for promoting best practices statewide as determined by the\n\nDirector.","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":"72cb39833dce172569140504af9593a46ccfcb77064b5df3265a9340fe798f05","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-61-61-207.2","next":"us-ok/okla.-stat.-tit.-61-61-208.1"},"notice":"GroundRules: Original legal text. Not legal advice."}