Okla. Stat. tit. 61, § 204 – Duties of Office of Management and Enterprise Services

Multiple Amendments Enacted During the 2012 Legislative Session Version 1 (as amended by Laws 2012, SB 1052, c. 184, § 2)

A. The Construction and Properties Division shall:
1. 1. Maintain a comprehensive master plan for utilization and construction of buildings for state agencies, capital improvements, and utilization of land owned by this state. Requirements of the master planning process shall include:
  1. a. reporting by each state agency concerning facility needs,
  2. b. data acquisition of condition and performance benchmarking of state agency facilities,
  3. c. analyses and audits of state agency facilities, properties and leaseholds to determine critical and long-range needs,
  4. d. development of state agency long-range strategic facility plans,
  5. e. short-range project programming to identify budget requests for facility capital improvements and asset management decisions, and
  6. f. an annual capital plan for all state agencies submitted to the Legislature for line-item appropriation requests;
2. 2. Review and approve all construction plans and specifications to ensure compliance with good construction practices and space standards, costs of project, proposed construction timetables, and agency need for the project, except as otherwise provided in subsection B of this section;
3. 3. Inspect prior to acceptance and final payment all completed projects for which the Division issued bid solicitations to ensure compliance with the plans and specifications of the project;
4. 4. Provide assistance to state agencies when a state agency desires to hire a consultant or construction manager for a project. Except as provided by subsection B of this section, the Division shall award and execute contracts to consultants and construction managers that provide services to state agencies for construction projects;
5. 5. Develop and issue solicitations for award of state agency contracts for construction. The Division shall have final approval authority for contracts and contract documents. Neither the Division nor any state agency shall, for performance of work that requires that a contractor be licensed by this state, issue a solicitation to, or make a contract with, a contractor not licensed by this state;
6. 6. Review inspections performed by consultants and construction managers during construction, primary inspections when consultants or construction managers are not used, and final inspections after completion;
7. 7. Recommend standards, including, but not limited to, building codes, space utilization, material testing, indexes of efficiency, economy, and effectiveness, pursuant to rules the Director promulgates;
8. 8. Monitor construction projects to ensure maximum efficiency in the expenditure of state funds for construction;
9. 9. Report fraud or waste in any construction project by written notification with documentation for the report to the Attorney General. The Attorney General shall take appropriate action to protect the interest of the state; and
10. 10. Prequalify as good and sufficient insurance carriers, bonding companies and surety companies to meet provisions of Sections 1 and 134 of this title. The Director shall promulgate rules to establish criteria to determine whether a carrier or company is good and sufficient. The prequalification requirement and process shall not violate the provisions of Section 135 of this title.
B. When a state agency has a licensed architect or licensed engineer, as a full-time employee, to review construction plans and specifications, the review and approval of all construction plans and specifications required pursuant to paragraph 2 of subsection A of this section shall not apply to:
1. 1. The common schools subject to the jurisdiction of the State Department of Education;
2. 2. The Department of Transportation with respect to highways, bridges and dams;
3. 3. The Oklahoma State System of Higher Education;
4. 4. The Military Department of the State of Oklahoma;
5. 5. The Oklahoma Tourism and Recreation Department; and
6. 6. The Department of Human Services.
C. Not later than December 31, 2012, with the advice of the State Construction Administrator, the Director of the Office of State Finance shall provide a report containing recommendations to the Legislature for the streamlining, integration, and consolidation of state construction, maintenance, and real property management processes to maximize capital assets and achieve cost savings to the state. The report shall identify the necessary planning processes for transitioning from a decentralized capital budgeting process to a centralized annual capital plan appropriation process, to be implemented no later than January 1, 2014.
Version 2 (as amended by Laws 2012, HB 3079, c. 304, § 321) (repealed by Laws 2013, SB 977, c. 15, § 51, emerg. eff. April 8, 2013)
A. The Construction and Properties Division of the Office of Management and Enterprise Services shall:
1. 1. Maintain a comprehensive master plan for utilization and construction of buildings for state agencies, capital improvements, and utilization of land owned by this state;
2. 2. Review and approve all construction plans and specifications to ensure compliance with good construction practices and space standards, costs of project, proposed construction timetables, and agency need for the project, except as otherwise provided in subsection B of this section;
3. 3. Inspect prior to acceptance and final payment all completed projects for which the Division issued bid solicitations to ensure compliance with the plans and specifications of the project;
4. 4. Provide assistance to state agencies when a state agency desires to hire a consultant or construction manager for a project. Except as provided by subsection B of this section, the Division shall award and execute contracts to consultants and construction managers that provide services to state agencies for construction projects;
5. 5. Develop and issue solicitations for award of state agency contracts for construction. The Division shall have final approval authority for contracts and contract documents. Neither the Division nor any state agency shall, for performance of work that requires that a contractor be licensed by this state, issue a solicitation to, or make a contract with, a contractor not licensed by this state;
6. 6. Review inspections performed by consultants and construction managers during construction, primary inspections when consultants or construction managers are not used, and final inspections after completion;
7. 7. Recommend standards, including, but not limited to, building codes, space utilization, material testing, indexes of efficiency, economy, and effectiveness, pursuant to rules the Director promulgates;
8. 8. Monitor construction projects to ensure maximum efficiency in the expenditure of state funds for construction;
9. 9. Report fraud or waste in any construction project by written notification with documentation for the report to the Attorney General. The Attorney General shall take appropriate action to protect the interest of the state; and
10. 10. Prequalify as good and sufficient insurance carriers, bonding companies and surety companies to meet provisions of Sections 1 and 134 of this title. The Director shall promulgate rules to establish criteria to determine whether a carrier or company is good and sufficient. The prequalification requirement and process shall not violate the provisions of Section 135 of this title.
B. When a state agency has a licensed architect or licensed engineer, as a full-time employee, to review construction plans and specifications, the review and approval of all construction plans and specifications required pursuant to paragraph 2 of subsection A of this section shall not apply to:
1. 1. The common schools subject to the jurisdiction of the State Department of Education;
2. 2. The Department of Transportation with respect to highways, bridges and dams;
3. 3. The Oklahoma State System of Higher Education;
4. 4. The Military Department of the State of Oklahoma;
5. 5. The Oklahoma Tourism and Recreation Department; and
6. 6. The Department of Human Services.

Laws 1983, SB 305, c. 304, § 172, eff. January 1, 1984; Amended by Laws 1984, SB 364, c. 279, § 13, emerg. eff. July 1, 1984; Amended by Laws 1985, HB 1031, c. 294, § 10, emerg. eff. July 24, 1985; Amended by Laws 1986, SB 395, c. 301, § 22, emerg. eff. July 1, 1986; Amended by Laws 1988, SB 537, c. 319, § 11, eff. September 30, 1988; Amended by Laws 1998, HB 2802, c. 364, § 17, emerg. eff. June 8, 1998 (superseded document available); Amended by Laws 2000, SB 1172, c. 363, § 16, emerg. eff. June 6, 2000 (superseded document available); Amended by Laws 2002, HB 2874, c. 294, § 29, eff. November 1, 2002 (superseded document available); Amended by Laws 2003, SB 246, c. 277, § 2, emerg. eff. July 1, 2003 (superseded document available); Amended by Laws 2006, SB 558, c. 271, § 29, emerg. eff. July 1, 2006 (superseded document available); Amended by Laws 2012, SB 1052, c. 184, § 2; Amended by Laws 2012, HB 3079, c. 304, § 321 (repealed by Laws 2013, SB 977, c. 15, § 51, emerg. eff. April 8, 2013) (superseded document available).