Okla. Stat. tit. 61, § 61-103

A. Unless otherwise provided by law, all public construction

contracts exceeding One Hundred Thousand Dollars ($100,000.00) or

construction management trade contracts or subcontracts exceeding

Fifty Thousand Dollars ($50,000.00) shall be let and awarded to the

lowest responsible bidder, by open competitive bidding after

solicitation for sealed bids, in accordance with the provisions of

the Public Competitive Bidding Act of 1974. No work shall be

commenced until a written contract is executed and all required

bonds and insurance have been provided by the contractor to the

awarding public agency.

B. Notwithstanding subsection A of this section, in awarding

public construction contracts exceeding One Hundred Thousand Dollars

($100,000.00) or construction management trade contracts or

subcontracts exceeding Fifty Thousand Dollars ($50,000.00),

counties, cities, other local units of government and any public

trust with a county or a municipality as its sole beneficiary shall

provide for a local bid preference of not more than five percent

(5%). Provided, however, the local bidder or contractor must agree

to perform the contract for the same price and terms as the bid

proposed by the nonlocal bidder or contractor. Provided further, no

local bid preference shall be granted unless the local bidding

entity is the second lowest qualified bid on the contract. The bid

specifications shall clearly state that the bid is subject to a

local bidder preference law. For purposes of this section, “local

bid” means the bidding person is authorized to transact business in

this state and maintains a bona fide establishment for transacting

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 24

such business within this state. This provision does not apply to

any construction contract for which federal funds are available for

expenditure when its provisions may be in conflict with federal law

or regulation.

C. Except as provided in subsection E of this section, other

construction contracts for the purpose of making any public

improvements or constructing any public building or making repairs

to the same for One Hundred Thousand Dollars ($100,000.00) or less

shall be let and awarded to the lowest responsible bidder by receipt

of written bids or awarded on the basis of competitive quotes to the

lowest responsible qualified contractor. Work may be commenced in

accordance with the purchasing policies of the public agency.

D. Except as provided in subsection E of this section, other

construction contracts for less than Ten Thousand Dollars

($10,000.00) may be negotiated with a qualified contractor. Work

may be commenced in accordance with the purchasing policies of the

public agency.

E. The provisions of this subsection shall apply to public

construction for minor maintenance or minor repair work to public

school district property. Other construction contracts for less

than Twenty-five Thousand Dollars ($25,000.00) may be negotiated

with a qualified contractor. Construction contracts equal to or

greater than Fifty Thousand Dollars ($50,000.00) but less than One

Hundred Thousand Dollars ($100,000.00) shall be let and awarded to

the lowest responsible bidder by receipt of written bids. No work

shall be commenced on any construction contract until a written

contract is executed and proof of insurance has been provided by the

contractor to the awarding public agency.

F. The Construction and Properties Division of the Office of

Management and Enterprise Services may award contracts using best

value competitive proposals. As used in this subsection, “best

value” means an optional contract award system which can evaluate

and rank submitted competitive performance proposals to identify the

proposal with the greatest value to the state. The Office of

Management and Enterprise Services, pursuant to the Administrative

Procedures Act, shall promulgate rules necessary to implement the
st

value competitive proposals. As used in this subsection, “best

value” means an optional contract award system which can evaluate

and rank submitted competitive performance proposals to identify the

proposal with the greatest value to the state. The Office of

Management and Enterprise Services, pursuant to the Administrative

Procedures Act, shall promulgate rules necessary to implement the

provisions of this subsection.

G. 1. A public agency shall not let or award a public

construction contract exceeding One Hundred Thousand Dollars

($100,000.00) or a construction management trade contract or

subcontract exceeding Fifty Thousand Dollars ($50,000.00) to any

contractor affiliated with a purchasing cooperative unless the

purchasing cooperative and the contractor have complied with all of

the provisions of the Public Competitive Bidding Act of 1974,

including, but not limited to, open competitive bidding after

solicitation for sealed bids. A public agency shall not let or

award a public construction contract exceeding Ten Thousand Dollars

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 25

($10,000.00) up to One Hundred Thousand Dollars ($100,000.00) to any

contractor affiliated with a purchasing cooperative unless the

purchasing cooperative and the contractor have complied with all of

the provisions of the Public Competitive Bidding Act of 1974,

including submission of a written bid upon notice of competitive

bidding.

2. A purchasing cooperative and its affiliated contractors

shall not be allowed to bid on any public construction contract

exceeding One Hundred Thousand Dollars ($100,000.00) or any

construction management trade contract or subcontract exceeding

Fifty Thousand Dollars ($50,000.00) unless the purchasing

cooperative and its affiliated contractors have complied with all of

the provisions of the Public Competitive Bidding Act of 1974,

including, but not limited to, open competitive bidding after

solicitation for sealed bids. A purchasing cooperative and its

affiliated contractors shall not be allowed to bid on any public

construction contract exceeding Five Thousand Dollars ($5,000.00)

unless the purchasing cooperative and its affiliated contractors

have complied with all of the provisions of the Public Competitive

Bidding Act of 1974, including submission of a written bid upon

notice of open competitive bidding.

3. Local governmental units, or local governmental units

cooperating under the terms of any interlocal cooperative agreement

authorized by state law, may create a purchasing cooperative or

contract with a purchasing cooperative to provide leverage in

achieving best value or the best terms in contracts. To encourage

intergovernmental collaboration, any purchasing cooperative or

interlocal cooperative entity may utilize any single legal newspaper

of this state to serve as sufficient compliance for bid notice

requirements of competitive bidding or solicitation of bids. If the

purchasing cooperative or interlocal cooperative entity is engaging

in a project exclusive to a county or group of counties of this

state, and not open to all governmental units or public trusts that

wish to participate statewide, the bid notice shall be published in

a legal newspaper located within the county or group of counties.

Any local governmental unit or public trust that enters into

membership or contracts with a purchasing cooperative or interlocal

cooperative entity may enter into purchases or contracts under the

terms negotiated by the purchasing cooperative or interlocal

cooperative entity. If the purchasing cooperative or interlocal

cooperative entity complies with the requirements of this section of

law, all local governmental units shall be deemed in compliance with

the requirements set forth for bid notices and publication.