Okla. Stat. tit. 61, § 61-208

exceeding estimated and available funding – Negotiations – Contracts

for managed construction services delivery – Facility management and

maintenance.

A. The Office of Management and Enterprise Services shall

select and award contracts to construction managers and design

consultants pursuant to the provisions of Section 62 of this title.

B. The negotiation of construction manager and consultant

contracts and fees shall be performed by the Office.

Oklahoma Statutes - Title 61. Public Buildings and Public Works Page 57

C. The Office shall award and administer construction contracts

for state agencies pursuant to the provisions of the Public

Competitive Bidding Act of 1974.

D. 1. When all bids for a public construction contract exceed

the programmed estimate and available funding, the Office may enter

into negotiations with the lowest responsible bidder for the purpose

of modifying the project scope and reducing the construction cost,

provided that:

a. the unexpected higher construction costs resulted from

unforeseen economic conditions or otherwise sudden

price volatility in the construction industry,

b. the project was appropriately planned, and cost

estimates were developed using standards of care

acceptable to the Office, and

c. further delay caused by redesigning and rebidding the

project would jeopardize the using agency's mission or

result in the loss of a planned funding source.

2. To request consideration for negotiations pursuant to this

subsection, the using agency, within ten (10) days of the bid

opening date, shall make a written request to the Director of the

Office of Management and Enterprise Services to enter into

negotiations pursuant to paragraph 1 of this subsection. If

approved by the Director, the Office shall consult with the using

agency, consultant and low bidder on methods to reduce the project

scope or other cost-saving measures.

3. If a suitable revised scope and contract amount is agreed

upon by the using agency, lowest responsible bidder, and the

Director, the Office may award the public construction contract to

the lowest responsible bidder.

4. The Office shall negotiate a fair and reasonable fee with

the project's consultant, if applicable, to make any necessary

revisions to the contract documents. The cost of this additional

consulting work shall be paid from the agency's available funds.

5. Approval and final award of the contract for the

construction negotiated pursuant to this subsection shall occur no

later than one hundred twenty (120) days from the opening bid.

E. The Office is authorized to issue solicitations and award

statewide contracts for managed construction service delivery in

order to provide efficient and cost-effective procurement solutions

for public agencies. Statewide contracts may be either mandatory or

nonmandatory as determined by the Director.

F. The Office is authorized to provide facility management and

operations and maintenance services for any state agency on a cost-

recovery basis for any facility operated by a state agency when:

1. The state agency initiates a request with the Director; or

2. The Director determines a state agency is performing in the

bottom ten percent (10%) of all state agencies with respect to

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performance measures for facility management established by the

Office.

G. In addition to the exception from this act hereby provided

to the Oklahoma State Regents for Higher Education and its

constituent institutions and the Commissioners of the Land Office,

the Director may authorize an exemption to the provisions of this

act to any other state agency provided that the recipient of the

exemption:

1. Adopts standards, processes and procedures for planning,

budgeting, design, facility management, asset management and asset

preservation that are substantially compliant with those as

prescribed by the Office;
the Commissioners of the Land Office,

the Director may authorize an exemption to the provisions of this

act to any other state agency provided that the recipient of the

exemption:

1. Adopts standards, processes and procedures for planning,

budgeting, design, facility management, asset management and asset

preservation that are substantially compliant with those as

prescribed by the Office;

2. Adheres to procurement requirements of Sections 62 through

65 of this title and the provisions of this act;

3. Reports benchmark, budget and ongoing performance data

required by the Office; and

4. Participates in annual performance reviews and organized

forums for promoting best practices statewide as determined by the

Director.