Okla. Admin. Code § 260:65-19-2

Current through Vol. 42, No. 8, January 2, 2025
Section 260:65-19-2 - Definitions

The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:

"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. [61 O.S., §202]

"Delivery System" is the approach used to develop and construct a project where Design-Build or Design-Bid-Build are typical approaches.

"Design-Bid-Build" (DBB) is the delivery method used on public projects whereby a licensed design professional retained based on qualifications, shall develop the project design in its entirety. The Department shall then solicit bids and award the contract to the general contractor who demonstrates that they can complete construction, as specified in the design, and that they are the lowest responsible bidder.

"Design-Build" (DB) is the project delivery method in which the Department procures both design and construction services in the same contract from a single, legal entity referred to as the design-builder. The method uses Request for Qualifications (RFQ)/Request for Proposal (RFP) procedures rather than the DBB Invitation for Bids (IFB) procedures. The design-build entity is liable for all design and construction costs and must provide a firm fixed price in its proposal.

"Design-Build Contract" shall be a contract between the Department and a design-builder to furnish the labor, materials and other services for both the design and construction for the same public project.

"Design-Builder" shall be the entity that proposes to design and construct any public project governed by the procedures of Title 61 and this Chapter.

"Director" means the Director of the Office of Management and Enterprise Servicesor his designee.

"Department" means the Construction, Planning and Real Estate Department of the Office of Management and Enterprise Services.

"Evaluation Criteria" shall be the requirements for the both phases of the selection process Prices shall be considered only in the second phase of the selection process.

"Final Selection Board" means a group of individuals designated by the chief administrative officer or governing body of a state agency which reviews the proposals with the Technical Review Committee of the short-listed firms for the purpose of receiving the recommendation from the Technical Review Committee to ultimately select the firm to be awarded the project. The board shall be proctored by a representative of the Department. The board should include licensed architects or engineers, if available. These professionals can be from another state agency.

"Proposal" shall be the technical and price offer, submitted by the design-builder, to enter into a design-build contract, as further defined in this subchapter.

"Request for Proposals" (RFP) shall be the document the state agency sends to each of the design-build firms on the "short list". The RFP shall contain the "Request for Proposals" (RFP) elements as described in OAC 260:65-19-11.

"Request for Qualifications" (RFQ) shall be the document or publication whereby a state agency solicits for qualified design-build firms.

"State agency" means all agencies, boards, commissions, offices, institutions, and other governmental bodies as defined in 61 O.S., Section 202.

"Technical Review Committee" means the group of individuals originating from the design consultant (OAC 260:65-19-8) which evaluates the proposals from short-listed firms for the purpose of recommending a firm to the state agency and Department. This committee shall be supervised by a representative of the Department. The group is to consist of the licensed/registered professionals that authored the RFP.

Okla. Admin. Code § 260:65-19-2

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014
Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023