About Construction & Properties
The Construction and Properties Department (CAP) was created by the legislature by enactment of the Public Building Construction and Planning Act (61 O.S. §202-220). CAP is responsible for the design and construction of state facilities and has authority to contract for design & construction services. The administrator of the Office of Management and Enterprise Services, Capital Assets Management, appoints a state construction administrator as the administrator of CAP. The SCA sets policies and procedures as required by statute and directs a team of professionals to assist state agencies in achieving their construction goals.
CAP’s mission is to assist state agencies by contracting for design and construction services following the statutory requirements in Title 61 and according to the rules promulgated by CAM (OAC 580:20).
Pursuant to the Public Building Construction and Planning Act, CAP awards and administers consultant and construction management contracts, as well as contracts for construction (61 O.S. §208). Note that consultants and construction managers are selected according to the provisions of 61 O.S. §60 - §65, and construction contracts are awarded following the provisions of the Public Competitive Bidding Act of 1974 (61 O.S. §101-138). The term “consultant” includes architects, engineers and other recognized consultants that may be necessary to plan a construction project (61 O.S. §61). The term “construction” generally 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 (61 O.S. §202).
Consultant Selection and Contract Award
CAP is also mandated to administer the process for the selection of design consultants and construction managers. A registry of consultants and construction managers is maintained at the CAP office for distribution to State (using) agencies. A solicitation is sent by CAP to all consultants registered in the required professional discipline. A Project Manager from CAP is also assigned to the using agency to assist the selection committee in the process of screening and interviewing the candidates. The selection is made based on qualifications and criteria as set forth in the solicitation. Fees are not discussed until negotiations begin with the highest ranked firm. The State Construction Administrator signs all consultant and construction management contracts on behalf of the State.
Construction Bidding and Contract Award
While CAP has the statutory responsibility to issue bid solicitations and award all construction contracts, regardless of size, on behalf of state agencies, CAP also has the latitude to assess the ability of state agencies to prepare solicitations and receive written bids for minor projects (OAC 580:20-1-3). By policy, CAP encourages all state agencies to make certain direct contract awards and solicit bids for minor projects according to the acquisition thresholds stated in the Public Competitive Bidding Act of 1974 (61 O.S. §103):
- < $50,000 State Agency issues solicitation and accepts written bids, then sends their requisition and procurement documents to CAP for contract award. Guidance and forms are found in CAP Form M800.
- < $5,000 State Agency may contract directly with any suitable contractor, and pay with a direct PO or via P-card. CAP Form M601 is a one-page contract for agency use in this situation. Proof of Insurance is also required.
CAP is available to provide assistance with these small procurements if an agency does not have the necessary in-house resources.
For projects over the statutory amount (currently $50,000 per 61 O.S. §103), CAP places the necessary advertising and maintains a public bid desk for the distribution of plans and receipt of sealed bids. At the time and place designated in the bid solicitation, CAP publically opens and reads aloud each sealed bid. A bid tabulation is then prepared and sent to the using agency for review. Upon approval by the using agency, CAP awards the contract to the lowest responsible bidder.
Additional CAP Services
Non-mandatory purchasing solutions for construction:
- IDIQ Programs (Consultant Contracts)*:
- Architectural and Engineering Services, Minor Projects
- Construction Inspection
- Environmental Services
- Emergency Services
- Geotechnical Testing
- Land Surveying
- Pre-Design Services
- The On-Call Consultant Program
- The Roof Asset Management Program
- At project inception, the using agency is encouraged to consult with CAP regarding the appropriate services for their project.
* All Public Agencies (cities, counties, school districts, authorities, etc.) may utilize these contracts in addition to state agencies.