1. A. The Department of Central Services shall maintain a file of all persons and entities interested in and capable of performing construction management and design consultant services for state agencies. The file shall include registration forms and information submitted by construction managers and design consultants pursuant to rules promulgated by the Department.

   Pursuant to rules promulgated by the Department, the Construction and Properties Division shall determine whether a construction manager or design consultant qualifies for registration and shall notify the construction manager or design consultant within twenty (20) days of receipt of a request for registration. Registration of construction managers and design consultants shall be effective for one (1) year following notice of qualification from 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 design 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 design 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 , anticipated starting date, and completion date the state agency desires for the project;
   3. 3. Certification of funds available for the construction manager or design consultant fee, including federal, state or other participation;
   4. 4. Closing date for construction manager or design consultant to give notice of interest to the state agency; and
   5. 5. Additional data the state agency requires from the construction manager or design consultant. The closing date for submission of construction manager or design 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 Director of the Construction and Properties Division shall provide information from the construction managers' or design 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 design 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 consultants per contract for interviews . The review shall include consideration of factors from the information the Division supplies:

   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 state agency shall conduct the evaluation , interview, selection, contract negotiation, and fee negotiation processes pursuant to rules promulgated by the Department of Central Services .

7. G.

   1. 1. Upon completion of contract negotiation with the highest qualified construction manager or design consultant, which contract shall include a fair and reasonable fee , the state agency shall send the contract to the Division for approval and award of the contract.
   2. 2. If the department and the first-choice consultant cannot reach an agreement, their negotiations shall be terminated and negotiations with the second-choice consultant shall commence. If the department and the second-choice consultant cannot reach an agreement, their negotiations shall be terminated and negotiations with the third-choice consultant shall commence. If the department and the third-choice consultant cannot reach an agreement, then all negotiations shall be terminated. Should the department be unable to negotiate a satisfactory contract with any of the three selected consultants, the department shall select additional 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 nonexclusive property of the State of Oklahoma as a condition of the award of the final contract for construction of the facility. The State of Oklahoma shall not be obligated to obtain any further permission for use of the plans or to make payment to any person or other legal entity for the further use of the plans as may be needed for additional projects for site adaptation for buildings, structures, or both, for use by the Department of Corrections.

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

   The subdivision shall select a design consultant based upon the professional qualifications and technical experience of the design consultant. The subdivision shall negotiate a contract with the highest qualified design 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 design consultant, the subdivision may negotiate with other design 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).