Bill > HB4080

Introduced Session

An Act relating to public buildings and public works; amending *** contracting, and construction of public buildings and works; *** requiring submission of certain plans to certain authorities; *** modifying the requirements for the execution of a contract; regulating payment and partial payment; providing *** defining emergency situations; amending 61 O.S. 2021, Sections 202, 204, 207.2, 208, 208.1, 208.2, 209, 210, 211, *** contracts; updating references; clarifying language *** 326, 327, 327.1, and 330.1, *** repealing 61 O.S. 2021, Sections 103.8 and 129, *** and providing an effective date. AMENDMENT NO. 1. , line 1, delete, after the word " electronically " and before the word " by ", the word " or " and insert the word " and " AMENDMENT NO. 2 , line 6, delete, after the word "least" and before the word "days", the words " ten (10) " and restore the stricken words "twenty-one (21)" AMENDMENT NO. 3. , line 22, delete, after the word "least" and before the word "days", the words " ten (10) " and restore the stricken words "twenty (20)" AMENDMENT NO. 4. , line 4, delete, after the word "publication" and before the word " electronically ", the comma and the word " either " AMENDMENT NO. 5. , line 5, delete, after the word " website " and before the word "in", the word " or " and insert the word " and " AMENDMENT NO. 6. , line 5, delete, after the word "in" and before the word "authorized", the words " a newspaper " and restore the stricken words "two newspapers" AMENDMENT NO. 7. , lines 6-7, restore the stricken language AMENDMENT NO. 8. , line 12, delete, after the word "days" and before the word " electronically ", the word " either " AMENDMENT NO. 9. , line 12, delete, after the word " website " and before the word "in", the word " or " and insert the word " and " AMENDMENT NO. 10. , line 17, delete, after the word "weeks", the word " either " AMENDMENT NO. 11. , line 18, delete, after the word " website " and before the word "in", the word " or " and insert the word " and " AMENDMENT NO. 12. , lines 15-23, strike subsections A and B and delete all new language, and insert the following: "Bids whether submitted in paper or electronic format shall be opened only at the time and place listed in the bidding documents. Paper bids shall be opened in the presence of an administrative officer of the awarding public agency and be read aloud at the time of opening. Such bid opening shall be open to the public and to all bidders. Electronic bids shall not be viewable prior to the time listed for bid opening in the bidding documents. Electronic bids may be opened in a public bid opening in the same way as for paper bids. A public bid opening is not required for electronic bids if the awarding public agency electronically publishes the bids on its website at time of bid opening." and amend the title to conform Passed the Senate the 27th day of April, 2022. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2022. Presiding Officer of the House of Representatives ENGROSSED HOUSE BILL NO. 4080 By: Wallace of the House and Leewright of the Senate An Act relating to public buildings and public works; amending 61 O.S. 2021, Sections 1, 4, 6, 11, and 12, which relate to the bonding, contracting, and construction of public buildings and works; modifying construction bonds; regulating public contracts and hours worked during a day; modifying preference requirements for products produced in Oklahoma; modifying requirements for accommodations for people with disabilities; requiring submission of certain plans to certain authorities; amending 61 O.S. 2021, Sections 60, 61, 62, 62.2, 63, and 65, which relate to construction management and consultant services; regulating certain mandatory contract forms; modifying definitions; eliminating references to the Department of Real Estate Services and its Director; regulating registration and selection of construction managers and consultants; amending requirements for contracts for on-call minor services; providing for what shall be considered state property; establishing procedures for when an emergency exists; amending 61 O.S. 2021, Section 84, which relates to the Fair and Open Competition in Governmental Construction Act; modifying prohibited contract terms; amending 61 O.S. 2021, Sections 102, 103.4, 103.7, 104, 105, 106, 107, 109, 110, 112, 113, 113.1, 119.1, 121, and 130, which relate to the Public Competitive Bidding Act of 1974; modifying definitions; modifying requirements for school buildings and force accounts; modifying contract requirements relating to fish and wildlife conservation; modifying required bids and bid notices; modifying bid documents on file; regulating late bids; providing exemptions for open bid requirements; providing public inspection requirement; modifying the requirements for the execution of a contract; regulating payment and partial payment; providing for contract negotiations when no bid is received; defining emergency situations; amending 61 O.S. 2021, Sections 202, 204, 207.2, 208, 208.1, 208.2, 209, 210, 211, and 212, which relate to the Public Facilities Act; modifying definitions; providing for the reviewing and approval of projects; modifying process for contract approval; allowing for fees; modifying the State Construction Revolving Fund; establishing the nature of the fund; declaring funds appropriated; granting rulemaking authority; allowing for performance-based efficiency contracts; updating references; clarifying language; amending 61 O.S. 2021, Sections 308, 309, 311, 312, 316, 317, 323, 324, 326, 327, 327.1, and 330.1, which relate to the management, maintenance, and disposal of state property; clarifying language; increasing options for providing certain notices; modifying certain award standards; modifying deposit destination of certain revenues; broadening scope of certain exclusive control and jurisdiction; providing for expanded severability treatment of provisions; changing fund references; eliminating certain exceptions; eliminating certain described properties from certain defined description; modifying expenditure purpose for certain funds; requiring certain estimations and certain process related to certain real property disposals; authorizing electronic auctions; allowing the disposal of property at estimated value under certain conditions; authorizing invitations for written proposals under certain conditions; modifying proposal evaluation criteria; modifying exemption for certain recording fee; repealing 61 O.S. 2021, Sections 8, 9, 10, 14, and 15, which relate to the bonding, contracting, and construction of public buildings and works; repealing 61 O.S. 2021, Section 51, which relates to the purchase of American goods and equipment; repealing 61 O.S. 2021, Sections 103.8 and 129, which relate to the Public Competitive Bidding Act of 1974; repealing 61 O.S. 2021, Section 203, which relates to the Department of Real Estate Services; repealing 61 O.S. 2021, Sections 315, 321, 329, 330, and 331, which relate to the management, maintenance, and disposal of state property; and providing an effective date.

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James Leewright (R)*,  Kevin Wallace (R)*, 

Approved by Governor 05/09/2022 (on 05/09/2022)

Official Document