Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1722 By: Kern
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to public facilities; amending 61
7 O.S. 2021, Section 208, as amended by Section 31,
8 Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025, Section
8 208), which relates to awarding of contracts;
9 clarifying certain fee; and providing an effective
9 date.
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 61 O.S. 2021, Section 208, as
13
14 amended by Section 31, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2025,
14
15 Section 208), is amended to read as follows:
15
16 Section 208. A. The Office of Management and Enterprise
16
17 Services shall select and award contracts to construction managers
17
18 and design consultants pursuant to the provisions of Section 62 of
18
19 this title.
19
20 B. The negotiation of construction manager and consultant
20
21 contracts and fees shall be performed by the Office.
21
22 C. The Office shall award and administer construction contracts
22
23 for state agencies pursuant to the provisions of the Public
23
24 Competitive Bidding Act of 1974.
24
Req. No. 3339 Page 1
1 D. 1. When all bids for a public construction contract exceed
1
2 the programmed estimate and available funding, the Office may enter
2
3 into negotiations with the lowest responsible bidder for the purpose
3
4 of modifying the project scope and reducing the construction cost,
4
5 provided that:
5
6 a. the unexpected higher construction costs resulted from
6
7 unforeseen economic conditions or otherwise sudden
7
8 price volatility in the construction industry,
8
9 b. the project was appropriately planned, and cost
9
10 estimates were developed using standards of care
10
11 acceptable to the Office, and
11
12 c. further delay caused by redesigning and rebidding the
12
13 project would jeopardize the using agency's mission or
13
14 result in the loss of a planned funding source.
14
15 2. To request consideration for negotiations pursuant to this
15
16 subsection, the using agency, within ten (10) days of the bid
16
17 opening date, shall make a written request to the Director of the
17
18 Office of Management and Enterprise Services to enter into
18
19 negotiations pursuant to paragraph 1 of this subsection. If
19
20 approved by the Director, the Office shall consult with the using
20
21 agency, consultant and low bidder on methods to reduce the project
21
22 scope or other cost-saving measures.
22
23 3. If a suitable revised scope and contract amount is agreed
23
24 upon by the using agency, lowest responsible bidder, and the
24
Req. No. 3339 Page 2
1 Director, the Office may award the public construction contract to
1
2 the lowest responsible bidder.
2
3 4. The Office shall negotiate a fair and reasonable fee with
3
4 the project's consultant, if applicable, to make any necessary
4
5 revisions to the contract documents. The cost of this additional
5
6 consulting work shall be paid from the agency's available funds.
6
7 Any fee pursuant to the provisions of this paragraph shall only
7
8 include construction costs and shall not include any costs related
8
9 to interior design or furnishings.
9
10 5. Approval and final award of the contract for the
10
11 construction negotiated pursuant to this subsection shall occur no
11
12 later than one hundred twenty (120) days from the opening bid.
12
13 E. The Office is authorized to issue solicitations and award
13
14 statewide contracts for managed construction service delivery in
14
15 order to provide efficient and cost-effective procurement solutions
15
16 for public agencies. Statewide contracts may be either mandatory or
16
17 nonmandatory as determined by the Director.
17
18 F. The Office is authorized to provide facility management and
18
19 operations and maintenance services for any state agency on a cost-
19
20 recovery basis for any facility operated by a state agency when:
20
21 1. The state agency initiates a request with the Director; or
21
22 2. The Director determines a state agency is performing in the
22
23 bottom ten percent (10%) of all state agencies with respect to
23
24
24
Req. No. 3339 Page 3
1 performance measures for facility management established by the
1
2 Office.
2
3 G. In addition to the exception from this act hereby provided
3
4 to the Oklahoma State Regents for Higher Education and its
4
5 constituent institutions and the Commissioners of the Land Office,
5
6 the Director may authorize an exemption to the provisions of this
6
7 act to any other state agency provided that the recipient of the
7
8 exemption:
8
9 1. Adopts standards, processes and procedures for planning,
9
10 budgeting, design, facility management, asset management and asset
10
11 preservation that are substantially compliant with those as
11
12 prescribed by the Office;
12
13 2. Adheres to procurement requirements of Sections 62 through
13
14 65 of this title and the provisions of this act;
14
15 3. Reports benchmark, budget and ongoing performance data
15
16 required by the Office; and
16
17 4. Participates in annual performance reviews and organized
17
18 forums for promoting best practices statewide as determined by the
18
19 Director.
19
20 SECTION 2. This act shall become effective November 1, 2026.
20
21
21
22 60-2-3339 MSBB 1/14/2026 12:07:31 PM
22
23
23
24
24
Req. No. 3339 Page 4Every fact on this page links to its source, starting with the official bill record.