SECTION 260:65-1-3. Bid solicitations

  The manner in which bids are solicited shall be determined by the estimated cost of the project. There are three categories, projects over the amount established by statute in 61 O.S., Section 102(6), projects under the statutory amount and minor maintenance or repair projects exempt from bidding pursuant to 61 O.S., Section 103.C.

(1)   Projects over statutory amount. Projects over the statutory amount established in 61 O.S., Section 102(6) are advertised in a newspaper of general circulation and published in the county where the work, or a major part of it, is to be done. The notice is published in two consecutive weekly issues of the said newspaper with the first publication at least twenty (20) days prior to the day set for bid opening. Information is also provided to various bid assistance centers and to trade publications such as the Dodge Report and Southwest Construction News. The State does not control how the trade publications handle the publishing of the information. For state agencies subject to the Public Building Construction and Planning Act (61 O.S. Section 202-209), projects are advertised and awarded by the Department.

(2)   Projects under statutory amount. Projects under the statutory amount established in 61 O.S., Section 102(6) are not usually advertised. The state agency shall develop a written, clearly defined scope of work and detailed requirements for the project. For state agencies subject to the Public Building Construction and Planning Act (61 O.S. Section 202-209), the Construction and Properties Administrator shall assess the ability of a state agency to prepare a bid package and solicit for bids under the statutory amount. [61 O.S., Section 209(3)] The state agency may adopt written procedures developed by the Department or internal procedures approved by the Administrator. The written procedures for soliciting bids shall include:

(A)   Direct mail or facsimile solicitations are made by the state agency to three or more contractors whose place of business is preferably located in the general vicinity of the proposed construction.

(B)   The state agency shall use procedures, forms and contracts developed by the Department.

(3)   Minor Maintenance or Repair. Small projects below the amount stipulated in 61 O.S., Section 103.C. may be awarded by the state agency to any qualified vendor. A written contract and proof of insurance is required prior to issuing the vendor a notice to proceed.

(4)   Emergency Projects. When an emergency situation is declared to exist by the chief administrative officer or governing body of a state agency, the Department may award a contract without competitive bids to correct the emergency condition.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]