Okla. Stat. tit. 19, § 19-744

A. Upon the recommendation of the County Jail Trust Authority

formed pursuant to Section 904.1 of this title, the board of county

commissioners of each county may enter into contracts with private

contractors for the management and operation of any jail owned by

the county or for the incarceration of inmates in jail facilities

owned and operated by private contractors. Such services shall meet

any standards prescribed and established for county jails, including

but not limited to standards concerning internal and perimeter

security, discipline of inmates, employment of inmates, and proper

food, clothing, housing, and medical care. The contracts may be

for a period not to exceed fifty (50) years subject to annual

appropriations by the county excise board. The contracts shall be

valid for a fiscal year only if the county excise board provides an

appropriation for the contract for that fiscal year.

B. A comprehensive file for all private contractors interested

in and capable of managing or operating a county jail or

incarcerating inmates in a facility owned and operated by the

contractor shall be maintained by the county. These files shall

include a completed application form, a resume of the contractor's

staff and capability, completed performance evaluation form for past

projects on which the contractor has provided jail services to the

county, a list of past contracts with the county, and a list of

contracts to provide similar services to other political

subdivisions of this state or other states.

The file shall include the mailing address of each private

contractor.

Any contractor may request at any time to be included in the

comprehensive file, and shall be so included within twenty (20) days

of the request.

Oklahoma Statutes - Title 19. Counties and County Officers Page 264

The board of county commissioners may solicit evaluation of work

done by contractors from the state, other political subdivisions, or

members of the private sector, which evaluation shall be part of the

comprehensive file.

C. The board of county commissioners shall define the scope of

a proposed project, determine the various project components, phases

and timetables, and prepare detailed project descriptions to guide

prospective contractors.

D. If the county intends to secure the services of private

contractors, all contractors included in the file shall be notified

through the mail of such intent. Such notification shall contain

the following information:

1. Description and scope of the project or projects;

2. Estimated cost and time schedule for project;

3. Funds available, including federal, state or other

participation;

4. Last date for submitting notice of interest in performing

services to the board of county commissioners; and

5. Other pertinent data.

Private contractors desiring consideration shall meet the

requirements of this section and to be considered shall submit a

letter expressing interest in the project to the board of county

commissioners within thirty (30) days of the postmark date of the

letter of notification mailed by the board. Contractors shall have

on file an application form not over twelve (12) months old.

E. The board shall review the files of the private contractors

desiring consideration for the project, and shall select no fewer

than three and no more than five contractors for more detailed

consideration. This initial screening should consider the

requirements of the project and the bid received, as well as the

following factors to be determined from the file, and replies to

inquiries to former clients:

1. Specialized experience in the type of work contemplated;

2. Capacity of the contractor to accomplish the work in the

required time; and

3. Past performance, from the performance evaluation form.

The board shall award the contract to the contractor whose

qualifications and project proposal most substantially meet the

criteria of the project description.
es to

inquiries to former clients:

1. Specialized experience in the type of work contemplated;

2. Capacity of the contractor to accomplish the work in the

required time; and

3. Past performance, from the performance evaluation form.

The board shall award the contract to the contractor whose

qualifications and project proposal most substantially meet the

criteria of the project description.

F. The board shall negotiate the contract with the selected

contractor, which contract shall include a fair and reasonable fee.

If the board and the first-choice contractor cannot reach an

agreement, their negotiations shall be terminated and negotiations

with the second-choice contractor shall commence. If the board and

the second-choice contractor cannot reach an agreement, their

negotiations shall be terminated and negotiations with the third-

choice contractor shall commence. If the board and the third-choice

Oklahoma Statutes - Title 19. Counties and County Officers Page 265

contractor cannot reach an agreement, then all negotiations shall be

terminated. Should the board be unable to negotiate a satisfactory

contract with any of the three selected contractors, the board shall

select additional contractors in order of their competency and

qualifications and shall continue negotiations in accordance with

the provisions of this section until an agreement is reached.

G. Should there be an inadequate expression of interest in the

project, the board of county commissioners shall confer to add

additional contractors for consideration which are known to be

appropriate for the project.

H. No contract authorized by the provisions of this section

shall be awarded until the private contractor demonstrates to the

satisfaction of the board of county commissioners:

1. That the contractor has the necessary qualifications and

experience to provide the services specified in the contract;

2. That the contractor has the necessary qualified personnel to

implement the terms of the contract;

3. That the financial condition of the contractor is such that

the terms of the contract can be fulfilled;

4. That the ability of the contractor to obtain insurance or

provide self-insurance to:

a. indemnify the county against possible lawsuits arising

from the operation of jail facilities by the

contractor, and

b. compensate the county for any property damage or

expenses incurred due to the operation of jail

facilities; and

5. That the contractor has the ability to comply with

applicable court orders and jail standards.

I. The sheriff of the county or a person designated by the

board of county commissioners shall monitor and report to the board

of county commissioners on the implementation of the contract. The

board of county commissioners, the county sheriff and the County

Jail Trust Authority shall be immune from liability for the acts or

omissions of the private contractor.

J. A private contractor, in implementing a contract pursuant to

the provisions of this section, shall not be bound by state laws or

other legislative enactments which govern the appointment,

qualifications, duties, salaries or benefits of jailers or other

employees of the jail facilities, except that any personnel

authorized to carry and use firearms shall comply with the

certification standards required by the provisions of Section 3311

of Title 70 of the Oklahoma Statutes and be authorized to use

firearms only to prevent the commission of a felony, to prevent

escape from custody, or to prevent an act which would cause death or

serious bodily injury to the personnel or to another person.

Oklahoma Statutes - Title 19. Counties and County Officers Page 266

K. A county is authorized to lease real property and

improvements thereon to a private contractor in conjunction with a

contract for private management of a jail facility located or to be

built on the property. The lease may be entered into for periods up

to fifty (50) years.
ily injury to the personnel or to another person.

Oklahoma Statutes - Title 19. Counties and County Officers Page 266

K. A county is authorized to lease real property and

improvements thereon to a private contractor in conjunction with a

contract for private management of a jail facility located or to be

built on the property. The lease may be entered into for periods up

to fifty (50) years.

L. Any contract between a county and a private contractor,

whereby the contractor provides for the housing, care, and control

of inmates in a facility owned and operated by the contractor, shall

contain provisions granting the county the option at the beginning

of each fiscal year to purchase, at a predetermined price any such

facility.

M. Any contract between a county and a private prison contractor

for jail management or housing shall contain provisions granting the

county the right to terminate such contract for cause upon giving a

sixty-day written notice.

N. The provisions of this section shall not impair any contract

between a County Jail Trust Authority and a private contractor for

the management and operation of any county jail entered into prior

to November 1, 2001, or the renewal, extension, or continuation of

such contract. Despite any provision to the contrary in this

section, each County Jail Trust Authority which has entered into a

contract with a private contractor for the management and operation

of any county jail prior to November 1, 2001, may enter into an

additional contract or contracts with a private contractor for the

management and operation of its county jail. Each contract may be

for a period not to exceed fifty (50) years, and the services

pursuant to each contract shall meet any standards prescribed and

established for county jails, including, but not limited to,

standards concerning internal and perimeter security, discipline of

inmates, employment of inmates, and proper food, clothing, housing

and medical care.