Okla. Stat. tit. 74, § 74-5003.10b

center and industrial park.

A. 1. The Oklahoma Department of Commerce is hereby authorized

to administer any federal funds received by this state that are

allocated for the purposes of completion of traffic and feasibility

studies for, and the development of a trade center and industrial

park by, the Continental Gateway Authority, a public trust in

McClain County, Oklahoma.

2. For purposes of this section, “administer any federal funds”

means to provide oversight administration and includes, but is not

limited to, approval or rejection by the Department of expenditures

of the Authority and review by the Department of contracts proposed

by the Authority for noncompliance with federal and state law,

rules, regulations, and the provisions set forth herein, and the

rejection by the Department of such contracts prior to their

execution by the Authority if determined by the Department to be out

of compliance with law determined to be applicable by the

Department.

B. The Department of Transportation is hereby authorized and

directed to transfer to the Oklahoma Department of Commerce for use

by the Continental Gateway Authority any federal funds received and

allocated for the purposes set forth in subsection A of this

section.

C. The Oklahoma Department of Commerce shall utilize such funds

to contract with the Continental Gateway Authority for the provision

of the study authorized by federal appropriation and subsection A of

this section. Such contract shall be exempt from the competitive

bidding procedures set forth in Section 85.7 of Title 74 of the

Oklahoma Statutes and shall contain provisions as required by law.

Oklahoma Statutes - Title 74. State Government Page 1023

D. The Continental Gateway Authority shall utilize the funds

for the studies set out in subsection A of this section and may

contract with a consultant for such studies. Such contract shall be

exempt from the competitive bidding procedures set forth in Section

85.7 of the Oklahoma Statutes but shall comply with the following

requirements:

1. The Continental Gateway Authority shall issue requests for

proposals to no less than three and no more than five consultants to

perform the studies. Detailed consideration, including interviews,

shall be given to those responding to the request for proposals.

The initial screening should consider the requirements of a

consultant interview evaluation sheet as well as the following

factors to be determined from Authority staff and replies to

inquiries to former clients:

a. specialized experience in the type of work

contemplated,

b. capacity of the consultant to perform the work in the

required time, and

c. past performance;

2. A full report of the evaluation procedures and

recommendations of the Authority shall be prepared by the Authority

and submitted to the Oklahoma Department of Commerce for an

independent review of the entire process; and

3. The Authority shall negotiate the contract with the selected

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

The negotiated scope and fee shall be reported to the Oklahoma

Department of Commerce for review of compliance with state and

federal laws, rules and regulations. If the 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 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 Authority and the third-choice consultant cannot

reach an agreement, then all negotiations shall be terminated.

Should the Authority be unable to negotiate a satisfactory contract

with any of the three selected consultants, the Authority shall

select additional consultants in order of their competence and

qualifications and shall continue negotiations in accordance with
hall

commence. If the Authority and the third-choice consultant cannot

reach an agreement, then all negotiations shall be terminated.

Should the Authority be unable to negotiate a satisfactory contract

with any of the three selected consultants, the Authority shall

select additional consultants in order of their competence and

qualifications and shall continue negotiations in accordance with

the provisions of this subsection until an agreement is reached.