Public Competitive Bidding Act of 1974 61 OS § 101-138

Public Competitive Bidding Act of 1974 61 OS § 101-138 Special Recognition Cheryl Wilson, State Auditor and Inspector’s Office Presented by Ann Embree and Sherri Schieffer County Training Program and Oklahoma Cooperative Extension Program – Oklahoma State University

TITLE 61 PUBLIC BUILDINGS AND PUBLIC WORKS Public Competitive Bidding Act of 1974 • Applies to building and making improvements on public buildings • Definitions are in section 102

PUBLIC BUILDINGS • Public construction contract – any contract exceeding $50,000 for the purpose of making improvements or construction of any public building or making repairs on the same except where the building is leased to an entity or person for private use

PUBLIC BUILDINGS • Public agency – means the state of Oklahoma, and any county, city, town, school district or other political subdivision of the state, any public trust, any public entity specifically created by the statutes of the State of Oklahoma or as a result of statutory authorization therefore, and any department, agency, board, bureau, commission, committee or authority of any of the foregoing public entities

PUBLIC BUILDINGS • Public improvement – any beneficial or valuable change or addition, betterment, enhancement or amelioration upon real property belonging to a public agency (county) intended to enhance its value, beauty, or utility or to adapt it to new or further purposes

PUBLIC BUILDINGS • Competitive bidding required: • All public construction contracts exceeding $50,000 shall be let and awarded to the lowest responsible bidder, by open competitive bidding after solicitation for sealed bids. • No work shall commence until a written contract is executed and all required bonds and insurance have been provided

PUBLIC BUILDINGS • Public construction contracts less than $50,000 shall be let and awarded to the lowest responsible bidder by receipt of written bids • No work shall commence until a written contract is executed and proof of insurance has been provided by the contractor

PUBLIC BUILDINGS • Public construction contracts for less than $2,500 for minor maintenance or repair work may be negotiated with a qualified contractor • No work shall commence until a written contract is executed and proof of insurance has been provided by the contractor

PUBLIC BUILDINGS • To recap the requirements: • Projects greater than $50,000 – sealed bids • Projects between $2,500 and $50,000 – written bids • Projects less than $2,500 negotiation with a qualified contractor – no bids required

PUBLIC BUILDINGS • Proof of insurance is required regardless of the project cost • Proof of insurance and bond required for projects in excess of $50,000

PUBLIC BUILDINGS • Bid notice • Publish in the newspaper of general circulation in the county, two consecutive weekly issues with the first being at least 20 days prior to date set for bid opening • Notice shall be sent to trade or construction publication for their use when the estimated cost exceeds $50,000. (Publication is not required to be made, just notice given)

PUBLIC BUILDINGS • Contents of bid notice • Character of proposed public construction in sufficient detail that bidders shall know exactly what their obligation will be either in the notice or by reference to bidding documents on file of the awarding public agency

PUBLIC BUILDINGS • Contents of bid notice (continued) • Name of public officer, agent or employee and location of such person from whom a complete set of bidding documents may be obtained

PUBLIC BUILDINGS • Contents of bid notice (continued) • Date, time and place of opening sealed bids • Name of office and location to whom the sealed bids shall be submitted • Any additional information deemed beneficial to the prospective bidders or to the public

PUBLIC BUILDINGS • Bidding Documents • Bid notice • Instruction to bidders • Plans and specifications • Bidding form • Bidding instructions • General considerations • Special conditions

PUBLIC BUILDINGS • Bidding Documents • At least one complete set shall be on file in the main office at least 20 days prior to the date set for bid opening • The county may require a reasonable deposit (not to exceed actual cost of duplicating or printing the documents) for each set of documents

PUBLIC BUILDINGS • Bids exceeding $50,000 shall include: • Certified check, cashier’s check or bid bond equal to 5% of the bid; or • Irrevocable letter of credit equal to 5% of the bid

PUBLIC BUILDINGS • Opening of bids • All bids shall be sealed and opened only at the time and place mentioned in the bidding documents and read aloud in the presence of an administrative officer of the awarding public agency. • Such bid opening shall be open to the public • In other words – bids shall be opened in a board of county commissioners meeting as stated in the bid documents

PUBLIC BUILDINGS • Any competitive bid submitted pursuant to the Public Competitive Bidding Act of 1974 to a county for furnishing goods or services shall be accompanied by a sworn non collusion affidavit

Public Competitive Bidding Act of 1974 61 OS § 101-138