2016 Oklahoma Statutes
Title 61. Public Buildings and Public Works
§61-202.1. Design-build and at-risk construction management project delivery methods - Authorization required - Exemptions.

61 OK Stat § 61-202.1 (2016) What's This?

A. The design-build and construction management project delivery methods shall not be used without the written approval of the Director of the Office of Management and Enterprise Services, or the Director's designee, when those projects are constructed for a state agency or by an act of the Legislature specifying design-build or at-risk construction management for a project. In all instances where the design-build project or at-risk construction management delivery method is authorized, construction administration shall be performed by the State Facilities Director, the SFD's designee or designees, or otherwise by contract or contract provision approved by the Director of the Office of Management and Enterprise Services for construction administration by another party.

B. Municipalities, counties, public trusts, or any other political subdivision in this state shall not be required to get approval of any other state agency in order to use agency construction management or at-risk construction management as a construction delivery method. However, municipalities, counties, public trusts, and any other political subdivision shall be subject to Section 220 of this title.

C. The design-build and construction management project delivery methods shall not be used for any project unless the project meets the criteria established by the administrative rules promulgated as required by this act. Such methods shall not be used unless there is a need for compressed construction time as required to respond to a natural disaster or other emergency situation affecting public health and safety, or all of the following criteria for designation are met:

1. The project benefits the public;

2. There is a need for cost control; and

3. The need exists for specialized or complex construction methods due to the unique nature of the project.

D. The use of design-build and construction management project delivery methods shall not interfere or inhibit the opportunity for subcontractors to openly and freely compete for subcontracts pursuant to the Public Competitive Bidding Act of 1974 with respect to public notices.

E. The provisions of subsections A and B of this section shall not apply to projects by contract pursuant to an interagency agreement under Section 581 of Title 74 of the Oklahoma Statutes or to projects a state agency performs solely with the staff of the agency.

F. The Office of Management and Enterprise Services shall, pursuant to the Administrative Procedures Act, promulgate rules to effect procedures, processes and design-build/construction management fee guidelines necessary to the fulfillment of its responsibilities under this section.

G. As used in the Public Facilities Act, public trusts shall not include state beneficiary public trusts.

Added by Laws 2000, c. 365, § 2, emerg. eff. June 6, 2000. Amended by Laws 2003, c. 277, § 1, eff. July 1, 2003; Laws 2005, c. 79, § 1, eff. Nov. 1, 2005; Laws 2006, c. 271, § 28, eff. July 1, 2006; Laws 2012, c. 304, § 319; Laws 2013, c. 302, § 8, eff. Nov. 1, 2013.

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