{"data":{"id":"us-ok/okla.-stat.-tit.-61-61-62","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 61, § 61-62","heading":"Construction managers and consultants - Registration and","body":"selection.\n\nA. The Office of Management and Enterprise Services shall\n\nmaintain a file of all persons and entities interested in and\n\ncapable of performing construction management and consultant\n\nservices for state agencies. The file shall include registration\n\nforms and information submitted by construction managers and\n\nconsultants pursuant to rules promulgated by the Office of\n\nManagement and Enterprise Services. Pursuant to rules promulgated\n\nby the Office, the Office shall determine whether a construction\n\nmanager or consultant qualifies for registration and shall notify\n\nthe construction manager or consultant within twenty (20) days of\n\nreceipt of a request for registration. Construction managers and\n\nconsultants shall re-register for each successive calendar year with\n\nthe Office.\n\nB. The requisitioning state agency shall define the scope of a\n\nproposed project. The scope shall identify project components,\n\nphases and timetables and shall include detailed project\n\ndescriptions. The state agency may request the Office to assist\n\nwith scope development. The state agency shall send the scope and a\n\nrequisition for construction management or consultant services,\n\nsigned by an authorized official, to the Office. The Office shall\n\nreview the scope and approve it before the state agency issues a\n\nsolicitation.\n\nC. The state agency shall issue a solicitation to construction\n\nmanagers or consultants that are registered with the Office and\n\ncapable of providing the services the state agency desires. The\n\nsolicitation shall, at a minimum, contain:\n\n1. Description and scope of the project;\n\n2. Estimated construction cost or available funds, anticipated\n\nstarting date, and completion date the state agency desires for the\n\nproject;\n\n3. Certification of funds available for the construction\n\nmanager or consultant fee, including federal, state or other\n\nparticipation;\n\n4. Closing date for construction manager or consultant to give\n\nnotice of interest to the state agency; and\n\n5. Additional data the state agency requires from the\n\nconstruction manager or consultant. The closing date for submission\n\nof construction manager or consultant notice of interest for\n\nconsideration shall be within thirty (30) days of the date of the\n\nnotice the state agency issues.\n\nD. After the closing date, the Office shall provide information\n\nfrom the construction managers' or consultants' files to the state\n\nagency upon request. Should there be an inadequate expression of\n\ninterest in the project, the state agency and Office personnel shall\n\nconfer to add construction managers or consultants for\n\nconsideration.\n\nE. The state agency shall review the information the Office\n\nprovides and shall select no less than three and no more than five\n\nconstruction managers or consultants per contract for interviews.\n\nThe review shall include consideration of factors from the\n\ninformation the Office supplies including, but not limited to:\n\n1. Professional qualifications for the type of work\n\ncontemplated;\n\n2. Capacity for completing the project in the specified time\n\nperiod; and\n\n3. Past performance on projects of a similar nature.\n\nF. The Office shall advise the state agency of the methods to\n\nbe used to conduct an evaluation, interview, selection, contract\n\nnegotiation, and fee negotiation processes pursuant to rules\n\npromulgated by the Office .\n\nG. 1. Upon completion of contract negotiation with the highest\n\nqualified construction manager or consultant, which contract shall\n\ninclude a fair and reasonable fee, the Office shall approve and\n\naward the contract.\n\n2. If the Office and the first-choice construction manager or\n\nconsultant cannot reach an agreement, the negotiations shall\n\nterminate and negotiations with the second-choice construction\n\nmanager or consultant shall commence. If the Office and the second-\n\nchoice construction manager or consultant cannot reach an agreement,\nir and reasonable fee, the Office shall approve and\n\naward the contract.\n\n2. If the Office and the first-choice construction manager or\n\nconsultant cannot reach an agreement, the negotiations shall\n\nterminate and negotiations with the second-choice construction\n\nmanager or consultant shall commence. If the Office and the second-\n\nchoice construction manager or consultant cannot reach an agreement,\n\nthe negotiations shall terminate and negotiations with the third-\n\nchoice construction manager or consultant shall commence. If the\n\nOffice and the third-choice construction manager or consultant\n\ncannot reach an agreement, then all negotiations shall terminate.\n\nShould the Office be unable to negotiate a satisfactory contract\n\nwith any of the three selected construction managers or consultants,\n\nthe Office shall select additional construction managers or\n\nconsultants in order of their competency and qualifications and\n\nshall continue negotiations in accordance with the provisions of\n\nthis section until an agreement is reached.\n\nH. Any plans developed pursuant to the process for selection of\n\na contractor for construction of a facility authorized pursuant to\n\nSection 183 of Title 73 of the Oklahoma Statutes shall become the\n\nproperty of the State of Oklahoma as a condition of the award of the\n\nfinal contract for construction of the facility.\n\nI. For all state agencies subject to the Public Facilities Act,\n\nSections 202 through 213 of this title, the Office shall perform the\n\nnecessary procurement actions on behalf of a requisitioning agency\n\nas enumerated in subsections B through H of this section:\n\n1. Determine or approve the agency's scope of a project and\n\nrequired services as provided in the Public Facilities Act;\n\n2. Issue solicitations for construction manager and consultant\n\nservices;\n\n3. Conduct evaluations, interviews, selection, contract\n\nnegotiation, and fee negotiation processes; and\n\n4. Provide contract management services after award of a\n\nconstruction management or consultant contract.\n\nJ. In the selection of a consultant, all political subdivisions\n\nof this state shall select a consultant based upon the professional\n\nqualifications and technical experience of the consultant. The\n\nsubdivision shall negotiate a contract with the highest qualified\n\nconsultant, provided that a fee can be negotiated that is fair and\n\nreasonable to both parties. In the event a reasonable fee cannot be\n\nnegotiated with the selected consultant, the subdivision may\n\nnegotiate with other consultants in order of their qualifications.\n\nK. In the selection of a construction manager, all political\n\nsubdivisions of this state shall:\n\n1. Extend consideration to construction managers from the file\n\nmaintained by the Office of Management and Enterprise Services.\n\nPolitical subdivisions are not limited in the number of construction\n\nmanager candidates from whom they intend on seeking proposals;\n\n2. Evaluate the candidates' professional qualifications,\n\nlicensing, registration, certifications, technical abilities and\n\npast experience relevant to the contemplated project. Only firms\n\nrecognized as qualified construction managers by the Office of\n\nManagement and Enterprise Services pursuant to this section may be\n\nconsidered for selection as a construction manager. The subdivision\n\nshall use procedures as described in this section and the Public\n\nConstruction Management Act for Political Subdivisions or may adopt\n\nprocedures established by the Office of Management and Enterprise\n\nServices for state agencies; and\n\n3. The political subdivision shall select a construction\n\nmanager based upon the professional qualifications and technical\n\nexperience of the construction manager. The political subdivision\n\nshall negotiate a contract with the highest qualified construction\n\nmanager, provided that a fee can be negotiated that is fair and\nby the Office of Management and Enterprise\n\nServices for state agencies; and\n\n3. The political subdivision shall select a construction\n\nmanager based upon the professional qualifications and technical\n\nexperience of the construction manager. The political subdivision\n\nshall negotiate a contract with the highest qualified construction\n\nmanager, provided that a fee can be negotiated that is fair and\n\nreasonable to both parties. In the event a reasonable fee cannot be\n\nnegotiated with the selected construction manager, the political\n\nsubdivision may negotiate with other construction managers in order\n\nof their qualifications.","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":"032e7c230c13aa34e3aadee5674a90e8403c3b779524b662c45cc15069ff4f35","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-61-61-61","next":"us-ok/okla.-stat.-tit.-61-61-62.1"},"notice":"GroundRules: Original legal text. Not legal advice."}