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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1980 By: Newton
AS INTRODUCED
An Act relating to public building and public works;
amending 61 O.S. 2021, Section 104, as amended by
Section 16, Chapter 238, O.S.L. 20 22 (61 O.S. Supp.
2022, Section 104), which relates to bid notic es;
providing exception for municipal governments; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 61 O.S. 2021, Section 104, as
amended by Section 16, Chapter 238, O.S.L. 2022 (61 O.S. Supp. 2022,
Section 104), is amended to read as follows:
Section 104. A. All proposals to award public construction
contracts shall be made equally and uniforml y known by the awarding
public agency to all prospective bidders and the public in the
following manner:
1. Notice thereof shall be given electronically and by
publication in a newspaper of general circulation and published in
the county where the work, o r the major part of it, is to be done,
such notice by publication to be published in two consecutive weekly
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issues of the newspaper, with the first publication thereof to be at
least twenty-one (21) days prior to the date set for opening bids;
and
2. Notice thereof shall be sent to one in-state trade or
construction publicati on for their use and information whenever the
estimated cost of the public construction contract exceeds One
Hundred Thousand Dollars ($100, 000.00) or the cost of the
construction management trade contract or subcontract exceeds Fifty
Thousand Dollars ($50 ,000.00); provided, however, this section shall
not be construed to require the publication of the notice in such
trade or construction publ ication or the requirement to provide the
notice to more than one in-state trade or construction publication
or to any out-of-state trade or construction publications.
B. Any municipal government that has made an attempt to comply
with a newspaper public ation requirement pursuant to subsection A of
this section shall be deemed in compliance with the publication
requirement if the newspaper fails to publish the notice and the
failed publication was due to no fault of the municipality.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6046 LRB 01/04/23