Okla. Stat. tit. 69, § 69-708.2

Demand service contracts.

A. The Department of Transportation and the Oklahoma Turnpike

Authority shall each compile a list of all persons and entities

interested in and capable of performing construction management and

design consultant services specific to the transportation industry.

The consultant list shall include, but shall not be limited to,

qualified construction managers and design consultants capable of

performing such services as solicited from the Office of Management

and Enterprise Services file on an annual basis. The Department and

the Authority shall each determine the qualifications of the

prospective construction managers and design consultants. The

construction managers and design consultants shall be selected at

the discretion of the Department or the Authority.

B. The Department or the Authority shall issue a solicitation

to construction managers or design consultants capable of providing

the services desired. The solicitation shall, at a minimum,

contain:

1. A description and scope of the projects;

2. An estimated construction cost, anticipated starting date,

and completion date the Department or the Authority desires for the

project;

3. A certification of funds available for the construction

manager or design consultant fee, including federal, state or other

participation;

4. The closing date for construction manager or design

consultant to give notice of interest; and

5. Additional data the Department or the Authority requires

from the construction manager or design consultant. The closing

date for submission of construction manager or design consultant

notice of interest for consideration shall be within thirty (30)

days of the date the notice is issued by the Department or the

Authority.

C. The Department or the Authority shall review the

qualifications of the entities on the consultant list and shall

select no less than three and no more than five consultants per

contract for further consideration. The review shall include

consideration of the following information:

1. Professional qualifications for the type of work

contemplated;

2. Capacity for completing the project in the specified time

period;

3. Past performance on projects of a similar nature; and

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 102

4. Percentage of work to be performed by residents of Oklahoma.

D. The Department and the Authority shall each establish a

committee which will evaluate the construction managers or design

consultants selected for consideration and rank the construction

managers or design consultants in order of preference.

E. The Department or the Authority shall enter into

negotiations with the first-choice consultant. If the Department or

Authority and the first-choice consultant cannot reach an agreement,

their negotiations shall be terminated and negotiations with the

second-choice consultant shall commence. If the Department or the

Authority and the second-choice consultant cannot reach an

agreement, their negotiations shall be terminated and negotiations

with the third-choice consultant shall commence. If the Department

or the Authority and the third-choice consultant cannot reach an

agreement, then all negotiations shall be terminated. Should the

Department or the Authority be unable to negotiate a satisfactory

contract with any of the three selected consultants, the Department

or the Authority shall reevaluate the proposed work and send out a

new notice.

F. As provided for in the Transportation Commission rules or by

Authority resolutions, the Department or the Authority shall perform

a written evaluation of the services provided by the consultant.

This evaluation shall become a part of the Department's and the

Authority's consultant file. Failure of the consultant to perform

the prescribed work in a timely and accurate manner shall be grounds

for exclusion from the list of qualified construction managers or
hority resolutions, the Department or the Authority shall perform

a written evaluation of the services provided by the consultant.

This evaluation shall become a part of the Department's and the

Authority's consultant file. Failure of the consultant to perform

the prescribed work in a timely and accurate manner shall be grounds

for exclusion from the list of qualified construction managers or

design consultants until such time as the consultant can reasonably

document and demonstrate performance improvement to the satisfaction

of the Department or the Authority.

G. As provided for in the Transportation Commission rules or by

Authority resolutions, the Department or the Authority may enter

into demand services contracts for consultant services to provide a

specific project work type or activity for unspecified projects or

facilities on an as-needed basis. When soliciting and securing such

services, the Department and the Authority shall utilize the

procedure as set forth in this section.