STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 185	By:	Coates

AS INTRODUCED

An Act relating to the Public Building Construction and Planning Act; amending 61 O.S. 2001, Section 202, as last amended by Section 27, Chapter 271, O.S.L. 2006 (61 O.S. Supp. 2010, Section 202), which relates to definitions; adding definition; authorizing use of Best Value Competitive Proposals; providing for promulgation of rules in awarding certain contracts; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     61 O.S. 2001, Section 202, as last amended by Section 27, Chapter 271, O.S.L. 2006 (61 O.S. Supp. 2010, Section 202), is amended to read as follows:
Section 202.  As used in the Public Building Construction and Planning Act:
1.  “Administrator” means the State Construction Administrator of the Construction and Properties Division of the Department of Central Services;
2.  “Best Value” means an optional competitive bidding system which can evaluate and rank competitive performance proposals submitted by bidders on criteria additional to cost, thus identifying the proposal with the greatest value to the government for the lowest cost;
3.  “Construction” means the process of planning, acquiring, designing, building, equipping, altering, repairing, improving, maintaining, or demolishing any structure or appurtenance thereto including facilities, utilities, or other improvements to any real property but not including highways, bridges, airports, railroads, tunnels, sewers not related to a structure or appurtenance thereto, or dams;
3. 4.  “Construction administration” means a series of actions required of the State Construction Administrator, of other state agency employees, or, under a construction administration contract or contract provision, to ensure the full, timely, and proper performance of all phases of a construction project by all contractors, suppliers, and other persons having responsibility for project work and any guarantees or warranties pertaining thereto;
4. 5.  “Construction management” means a project delivery method based on an agreement whereby the owner acquires from a construction entity a series of services that include, but are not necessarily limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration; “construction management” includes:
a.	“agency construction management” whereby the construction entity provides services to the owner without taking on financial risks for the execution of the actual construction, and
b.	“at-risk construction management” whereby the construction entity, after providing agency services during the pre-construction period, takes on the financial obligation to carry out construction under a specified cost agreement;
5. 6.  “Consultant” means an individual or legal entity possessing the qualifications to provide licensed architectural, registered engineering, or registered land surveying services or possessing specialized credentials and qualifications as may be needed to plan or design for any construction or public work improvement project;
6. 7.  “Design-build” means a project delivery method whereby this state acquires both design and construction services in the same contract from a single legal entity, referred to as the design-builder, without the bid component of the traditional design-bid-build process;
7. 8.  “Department” means the Department of Central Services;
8. 9.  “Director” means the Director of the Department of Central Services;
9. 10.  “Division” means the Construction and Properties Division of the Department of Central Services;
10. 11.  “Energy performance index or indices” (EPI) means a number describing the energy requirements at the building boundary of a structure, per square foot of floor space or per cubic foot of occupied volume, as appropriate under defined internal and external ambient conditions over an entire seasonal cycle.  As experience develops on the energy performance achieved with state construction, the indices (EPI) will serve as a measure of structure performance with respect to energy consumption;
11. 12.  “Life cycle costs” means the cost of owning, operating, and maintaining the structure over the life of the structure.  This may be expressed as an annual cost for each year of the facility's use;
12. 13.  “Procurement” means buying, purchasing, renting, leasing, or otherwise acquiring or disposing of supplies, services, or construction;
13. 14.  “Public improvement” means any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a public agency, intended to enhance its value, beauty or utility or to adapt it to new or further purposes.  The term does not include the direct purchase of materials, provided that the materials are not purchased in increments for an amount of less than Twenty-five Thousand Dollars ($25,000.00) and used for the purposes of completing a single project, equipment or supplies by a public agency, or any personal property as defined in paragraphs 1 and 4 of subsection B of Section 430.1 of Title 62 of the Oklahoma Statutes;
14. 15.  “Shared savings financing” means the financing of energy conservation measures and maintenance services through a private firm which may own any purchased equipment for the duration of a contract.  Such contract shall specify that the private firm will be recompensed either out of a negotiated portion of the savings resulting from the conservation measures and maintenance services provided by the private firm or, in the case of a cogeneration project, through the payment of a rate for energy lower than would otherwise have been paid for the same energy from current sources; and
15. 16.  “State agency” means an agency, board, commission, counsel, court, office, officer, bureau, institution, unit, division, body, or house of the executive or judicial branches of government of this state, whether elected or appointed, excluding only political subdivisions.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 202.2 of Title 61, unless there is created a duplication in numbering, reads as follows:
A.  The Construction and Properties Division of the Department of Central Services may award contracts using Best Value Competitive Proposals.
B.  Other awarding public agencies and political subdivisions of the state may use Best Value as a basis for contract awards when authorized by the State Construction Administrator.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-246	 JT	1/10/2011 3:38:51 PM