1. A. The Construction and Properties Division of the Department of Central Services shall maintain a file of all persons and entities interested in and capable of performing construction management and consultant services for state agencies. The file shall include registration forms and information submitted by construction managers and consultants pursuant to rules promulgated by the Department of Central Services. Pursuant to rules promulgated by the Department, the Division shall determine whether a construction manager or consultant qualifies for registration and shall notify the construction manager or consultant within twenty (20) days of receipt of a request for registration. Construction managers and consultants shall re-register for each successive calendar year with the Division.
2. B. The requisitioning state agency shall define the scope of a proposed project. The scope shall identify project components, phases, and timetables and shall include detailed project descriptions. The state agency may request the Division to assist with scope development. The state agency shall send the scope and a requisition for construction management or consultant services, signed by the chief administrative officer, to the Division. The Division shall review the scope and approve it before the state agency issues a solicitation.

3. C. The state agency shall issue a solicitation to construction managers or consultants capable of providing the services the state agency desires. The solicitation shall, at a minimum, contain:

   1. 1. Description and scope of the project;
   2. 2. Estimated construction cost or available funds, anticipated starting date, and completion date the state agency desires for the project;
   3. 3. Certification of funds available for the construction manager or consultant fee, including federal, state or other participation;
   4. 4. Closing date for construction manager or consultant to give notice of interest to the state agency; and
   5. 5. Additional data the state agency requires from the construction manager or consultant. The closing date for submission of construction manager or consultant notice of interest for consideration shall be within thirty (30) days of the date of the notice the state agency issues.
4. D. After the closing date, the State Construction Administrator of the Construction and Properties Division of the Department of Central Services shall provide information from the construction managers' or consultants' files to the state agency. Should there be an inadequate expression of interest in the project, the state agency and Division personnel shall confer to add construction managers or consultants for consideration.

5. E. The state agency shall review the information the Division provides and shall select no less than three and no more than five construction managers or consultants per contract for interviews. The review shall include consideration of factors from the information the Division supplies including, but not limited to:

   1. 1. Professional qualifications for the type of work contemplated;
   2. 2. Capacity for completing the project in the specified time period; and
   3. 3. Past performance on projects of a similar nature.
6. F. The Division shall advise the state agency of the methods to be used to conduct an evaluation, interview, selection, contract negotiation, and fee negotiation processes pursuant to rules promulgated by the Department of Central Services Division.

7. G.

   1. 1. Upon completion of contract negotiation with the highest qualified construction manager or consultant, which contract shall include a fair and reasonable fee, the Division shall approve and award the contract.
   2. 2. If the Division and the first-choice construction manager or consultant cannot reach an agreement, the negotiations shall terminate and negotiations with the second-choice construction manager or consultant shall commence. If the Division and the second-choice construction manager or consultant cannot reach an agreement, the negotiations shall terminate and negotiations with the third-choice construction manager or consultant shall commence. If the Division and the third-choice construction manager or consultant cannot reach an agreement, then all negotiations shall terminate. Should the Division be unable to negotiate a satisfactory contract with any of the three selected construction managers or consultants, the Division shall select additional construction managers or consultants in order of their competency and qualifications and shall continue negotiations in accordance with the provisions of this section until an agreement is reached.
8. H. Any plans developed pursuant to the process for selection of a contractor for construction of a facility authorized pursuant to Section 183 of Title 73 of the Oklahoma Statutes shall become the property of the State of Oklahoma as a condition of the award of the final contract for construction of the facility.

9. I. In the selection of a construction manager or consultant, all political subdivisions of this state shall follow these procedures:

   The subdivision shall select a construction manager or consultant based upon the professional qualifications and technical experience of the construction manager or consultant. The subdivision shall negotiate a contract with the highest qualified construction manager or consultant, provided that a fee can be negotiated that is fair and reasonable to both parties. In the event a reasonable fee cannot be negotiated with the selected construction manager or consultant, the subdivision may negotiate with other construction managers or consultants in order of their qualifications.

Laws 1974, HB 1503, c. 156, § 2; Amended by Laws 1981, SB 327, c. 346, § 2, eff. January 1, 1982; Amended by Laws 1983, SB 305, c. 304, § 48, eff. January 1, 1984; Amended by Laws 1989, HB 1065, c. 300, § 14, emerg. eff. July 1, 1989; Amended by Laws 1997, HB 1213, c. 133, § 82, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 2000, SB 1172, c. 363, § 4, emerg. eff. June 6, 2000 (superseded document available); Amended by Laws 2001, SB 181, c. 298, § 1, emerg. eff. May 31, 2001 (superseded document available); Amended by Laws 2002, HB 2874, c. 294, § 8, eff. November 1, 2002 (superseded document available); Amended by Laws 2006, SB 558, c. 271, § 7, emerg. eff. July 1, 2006 (superseded document available).