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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 375 By: Frix
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6 AS INTRODUCED
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7 An Act relating to project solicitation; amending 69
7 O.S. 2021, Sections 708.1 and 708.2, which relate to
8 definitions and solicitation to construction
8 managers; updating statutory references; defining
9 term; requiring certain disclosure related to
9 construction inspectors; subjecting change in the
10 selection of construction inspectors to certain
10 approval; and providing an effective date.
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1 3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 69 O.S. 2021, Section 708.1, is
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1 5 amended to read as follows:
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16 Section 708.1. As used in Sections 4 708.2 and 5 708.3 of this
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1 7 act title:
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18 1. "Authority" means the Oklahoma Transportation Authority;
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19 2. "Construction inspector" means an individual using
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2 0 engineering skills to determine structural soundness and compliance
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2 1 with specifications, building codes, and other regulations;
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22 3. "Construction manager" means any individual, firm,
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2 3 corporation, association, partnership, copartnership, or any other
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2 4 legal entity possessing the qualifications to provide services of
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Req. No. 217 Page 1
1 construction management which include, but are not necessarily
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2 limited to, design review, scheduling, cost control, value
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3 engineering, constructability evaluation, preparation, and
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4 coordination of bid packages and construction administration;
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5 3. 4. "Department" means the Department of Transportation;
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6 4. 5. "Design consultant" means an individual or legal entity
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7 possessing the qualifications to provide licensed architectural,
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8 registered engineering, or registered land surveying services for
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9 the design of a transportation public work improvement project; and
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10 5. 6. "Public work improvement" means any highway, bridge,
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1 1 street, sewer, pavement, waterline, sidewalk, or any other
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1 2 improvement to a transportation facility which is constructed,
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1 3 altered, or repaired, under contract with the Department or the
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1 4 Authority.
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15 SECTION 2. AMENDATORY 69 O.S. 2021, Section 708.2, is
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1 6 amended to read as follows:
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17 Section 708.2. A. The Department of Transportation and the
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1 8 Oklahoma Turnpike Authority shall each compile a list of all persons
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1 9 and entities interested in and capable of performing construction
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2 0 management and design consultant services specific to the
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2 1 transportation industry. The consultant list shall include, but
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2 2 shall not be limited to, qualified construction managers and design
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2 3 consultants capable of performing such services as solicited from
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2 4 the Office of Management and Enterprise Services file on an annual
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1 basis. The Department and the Authority shall each determine the
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2 qualifications of the prospective construction managers and design
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3 consultants. The construction managers and design consultants shall
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4 be selected at the discretion of the Department or the Authority.
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5 B. The Department or the Authority shall issue a solicitation
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6 to construction managers or design consultants capable of providing
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7 the services desired. The solicitation shall, at a minimum,
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8 contain:
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9 1. A description and scope of the projects project;
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10 2. An estimated construction cost, anticipated starting date,
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1 1 and completion date the Department or the Authority desires for the
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1 2 project;
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13 3. A certification of funds available for the construction
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1 4 manager or design consultant fee, including federal, state, or other
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1 5 participation;
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16 4. Information disclosing whether the project shall utilize a
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1 7 construction inspector and, if so, whether the construction
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1 8 inspector shall be an employee of the Department, the Authority, or
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1 9 an entity that provides construction inspector services, and the
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2 0 name of such entity;
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21 5. The closing date for the construction manager or design
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2 2 consultant to give notice of interest; and
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23 5. 6. Additional data the Department or the Authority requires
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2 4 from the construction manager or design consultant. The closing
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1 date for submission of construction manager or design consultant
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2 notice of interest for consideration shall be within thirty (30)
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3 days of the date the notice is issued by the Department or the
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4 Authority.
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5 C. The Department or the Authority shall review the
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6 qualifications of the entities on the consultant list and shall
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7 select no less than three and no more than five consultants per
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8 contract for further consideration. The review shall include
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9 consideration of the following information:
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10 1. Professional qualifications for the type of work
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1 1 contemplated;
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12 2. Capacity for completing the project in the specified time
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1 3 period;
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14 3. Past performance on projects of a similar nature; and
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15 4. Percentage of work to be performed by residents of Oklahoma.
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16 D. The Department and the Authority shall each establish a
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1 7 committee which will evaluate the construction managers or design
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1 8 consultants selected for consideration and rank the construction
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1 9 managers or design consultants in order of preference.
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20 E. The Department or the Authority shall enter into
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2 1 negotiations with the first-choice consultant. If the Department or
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2 2 Authority and the first-choice consultant cannot reach an agreement,
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2 3 their negotiations shall be terminated and negotiations with the
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2 4 second-choice consultant shall commence. If the Department or the
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1 Authority and the second-choice consultant cannot reach an
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2 agreement, their negotiations shall be terminated and negotiations
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3 with the third-choice consultant shall commence. If the Department
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4 or the Authority and the third-choice consultant cannot reach an
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5 agreement, then all negotiations shall be terminated. Should the
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6 Department or the Authority be unable to negotiate a satisfactory
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7 contract with any of the three selected consultants, the Department
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8 or the Authority shall reevaluate the proposed work and send out a
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9 new notice.
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10 F. As provided for in the Transportation Commission rules or by
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1 1 Authority resolutions, the Department or the Authority shall perform
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1 2 a written evaluation of the services provided by the consultant.
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1 3 This evaluation shall become a part of the Department's and the
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1 4 Authority's consultant file. Failure of the consultant to perform
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1 5 the prescribed work in a timely and accurate manner shall be grounds
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1 6 for exclusion from the list of qualified construction managers or
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1 7 design consultants until such time as the consultant can reasonably
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1 8 document and demonstrate performance improvement to the satisfaction
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1 9 of the Department or the Authority.
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20 G. As provided for in the Transportation Commission rules or by
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2 1 Authority resolutions, the Department or the Authority may enter
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2 2 into demand services contracts for consultant services to provide a
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2 3 specific project work type or activity for unspecified projects or
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2 4 facilities on an as-needed basis. When soliciting and securing such
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1 services, the Department and the Authority shall utilize the
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2 procedure as set forth in this section.
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3 H. Any change in the selection of the construction inspector of
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4 a project that would be contrary to the information disclosed in the
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5 solicitation for such project is subject to the approval of the
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6 Transportation Commission or the Oklahoma Turnpike Authority.
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7 SECTION 3. This act shall become effective November 1, 2025.
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9 60-1-217 MSBB 1/14/2025 3:50:42 PM
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Req. No. 217 Page 6Every fact on this page links to its source, starting with the official bill record.