Whenever the project dollar amount is less than or equal to One Hundred Thousand Dollars ($100,000.00).
Construction & Properties FAQ
Yes, public construction contracts for less than Ten Thousand Dollars ($10,000.00) for minor maintenance or minor repair work may be negotiated with a qualified contractor by the agency. However, no work shall be started until a written contract is executed and proof of insurance has been provided by the contractor to the awarding public agency.
Whenever the project is expected to be over $100,000.00.
Title 61 of the Oklahoma Statutes describes the statutory requirements for the selection of consultants and construction managers for construction projects for all State agencies. The division of Capital Assets Management, Construction and Properties, is mandated to monitor and approve the selection process. Guidelines for an agency are described in Owner’s Representative (Consultant) Selection Procedure (CAP Form M100) and in Construction Manager Selection Process (CAP Form M200).
Per CAP Rules 260:65-25-2, an architect is required for any public project when the cost of construction is $158,000.00 or more. Some projects less than $158,000.00 may also require an architect due to complexity or special requirements. Engineers are generally required for mechanical, electrical, structural or civil work regardless of cost, although minor electrical and mechanical maintenance or replacement work does not. Asbestos, environmental and other types of consultants may also be necessary. A CAP project manager is available to discuss and advise concerning the requirements for your specific project.
All consultants and construction managers desiring to perform services for the State of Oklahoma must be registered with CAP. Registration requires completing and submitting appropriate forms. Consultants fill out a Consultant Registration Questionnaire (CAP Form M254), and construction managers fill out a Construction Manager's Qualification Statement (CAP Form D305). Registration process takes less than 10 days. Registrations are valid for one year from the date of the approval notification from CAP. Consultants and construction managers may not be solicited for projects until they are registered with CAP, but may register any time up to 6 business days prior to the due date stated on a solicitation.
Monthly payment applications for projects bid through CAP or for consultants hired through a CAP IDIQ program must be submitted to CAP for approval by the project manager. CAP will forward the approved pay applications to the appropriate agency for payment. For smaller projects, generally those without a design consultant, the invoice for construction work is submitted directly to the agency for payment.
Projects currently out for bid can be found on our online bidding site called Bid Express. Plans, specifications, and project documents can be download for free at any point. Projects are advertised in the local newspaper in compliance with Title 61 of the Oklahoma Statues.
Addenda are issued by CAP prior to the bid opening date, which modify or interpret the bid documents. Addenda notifications are sent out through Bid Express notifications. A copy of the addenda is uploaded to the corresponding project attachment list. No addenda will be issued later than seven (7) calendar days prior to the date for receipt of bids except an addendum withdrawing the request for bids or one that includes postponement of the date for receipt of bids.
There is not an official bidder’s list. Bid opportunities are posted on Bid Express and there you may add yourself to the plan holders list to receive notifications. All responsible contractors are invited to bid.
There is usually an architect/consultant's phone number or an agency contact person on the cover of the bid documents or on the Solicitation For Bids (Bid Notice). The Consultant (architect, engineer, etc...) is under contract to the State of Oklahoma for the purpose of designing and monitoring the construction of the project. You may call CAP at 405-521-2112 and ask for the project manager by giving the CAP project number. There will usually be a mandatory or non-mandatory pre-bid meeting at the site of the project. These meetings are for the bidder's information and a good time to ask questions. When the meeting is "mandatory" a prospective bidder or an independent contractor, authorized to represent the company, must be present and sign in to be eligible to bid on the project.
Yes, but only when requested in the Solicitation For Bids (Bid Notice). Annual pre-qualification is no longer required. When required for a specific project, instructions and submittal requirements will be stated in the Bid Documents.
The bid opening takes place on Bid Express. The Bid Tab Sheet is then uploaded for contractors to view. The bids are reviewed and evaluated concurrently by the state agency and Construction and Properties department to determine the lowest responsible bidder. When a contract is awarded CAP will notify the awarded vendor and post results to Bid Express.
The Project Manual contains a Checklist For Bidders. Follow this list and make sure you have completed each item before submitting your bid. Failure to do so could invalidate your bid.
Insurance requirements will be stated in the Bid documents. The minimum requirements are:
- General liability not less than $1,000,000
- Property damage insurance of not less than $1,000,000
- Automobile insurance and Worker's Compensation insurance
Larger projects will require higher amounts and builders risk insurance.
Pursuant to Title 61, Section 133.B.4., Workers' Compensation insurance is required for all construction contracts greater than Fifty Thousand Dollars ($50,000.00). For construction contracts less than $50,000.00 the Department requires proof of Workers' Compensation insurance OR CAP Form D312 Statement of Exemption from The Workers' Compensation Act Affidavit stating that the contractor qualifies for an exemption allowed under Title 85, Section 2.6.
Bonds are required for a sum equal to the contract amount when a contract exceeds Fifty Thousand Dollars ($50,000.00). Three bonds are required: (1) statutory performance bond; (2) defect bond; and, (3) payment bond. All bonds must be on the forms prescribed and issued by CAP to the successful Bidder on the contract. NOTE: The amount of the bonds will increase to $100,000 on Nov. 1, 2022.
A bid bond, certified check or cashier's check is required whenever a bid is greater than One Hundred Thousand Dollars ($100,000.00). Generally the bid bond, certified check or cashier's check is 5% of the bid amount unless otherwise specified in the Solicitation for Bids (Bid Notice).
Yes, the letter of credit must be issued by a financial institution insured by the FDIC or the Federal Savings and Loan Insurance Corporation on a form obtained from Construction and Properties.
Contracts awarded by Construction and Properties are not exempt from sales tax unless specifically indicated by the Bid Documents.