Chapter Five: Standard Contracts over $100,000 and Construction Management Contracts over $50,000
Unless otherwise provided by law, all public construction contracts exceeding One Hundred Thousand Dollars ($100,000.00) or construction management trade contracts or subcontracts exceeding Fifty Thousand Dollars ($50,000.00) shall be let and awarded to the lowest responsible bidder by open competitive bidding after a solicitation for sealed bids. No work shall be started until a written contract is executed, and all required bonds and insurance have been provided by the contractor to the awarding public agency.
61 O.S. § 103(A)
Bid Notices
All proposals for construction contracts shall be made equally and uniformly known to all prospective bidders and the public. The bid notice shall meet the following requirements:
- Publication in a county newspaper where the work is to be performed;
- Publication in two consecutive issues, the first being at least 21 days prior to the bid opening; 69 O.S. § 601.6
- Notice of the project sent to one in-state-trade or construction magazine;
- Notification by the board of county commissioners to the Oklahoma Department of Transportation (ODOT) at least 21 days prior to accepting bids on any public bid road or bridge projects.
Content of Bid Notices
All bid notices shall set forth the following information:
- Sufficient details to ensure that all bidders shall know what their obligation will be, either in the bid notice itself or by reference to bidding documents on file in the main office of the awarding county;
- The name of the officer, agent, or employee of the awarding county and the office location and address of such person, from whom a complete set of bidding documents regarding the proposed contract may be obtained, together with the amount of the cost deposit required, if any;
- The date, time, and place of opening of the sealed bids;
- The name and office location and address of the office of the awarding county to whom the sealed bids should be submitted;
- Any additional information regarding the proposed contract deemed by the awarding county to be of beneficial interest to prospective bidders or the public. 61 O.S. § 104
To determine the responsibility of bidders, the awarding county or public agency may require prospective bidders to prequalify as responsible bidders prior to submitting bids on a public construction contract. Prequalification to bid or perform work does not constitute a license. Notice of any such prequalification requirement shall be made known equally and uniformly by the awarding county to all prospective bidders and the public in the same manner as proposals to award public construction contracts as set forth in the statutes. Refer to “Bid Notices” in this chapter. Financial information including, but not limited to, audited financial statements required by the awarding public agency as part of prequalification shall remain confidential.
61 O.S. § 118(A)