Public Competitive Bidding Requirements
Client is a Title 60 Oklahoma Public Trust with County as Beneficiary. Section 103B of the Oklahoma Competitive Bidding Act (Title 61 O.S. § 101 et seq.) was recently amended to raise the competitive bidding requirements for public construction contracts to $100,000.00. This provision clearly applies to construction of and maintenance/repairs to improvements to real property.
Does the $100,000.00 limit apply to the purchase of vehicles, etc.?
The definition of "Public Agency" in Section 102(6) includes public trusts, however, Title 60 O.S. § 176 et seq. specifically applies to Public Trusts. Section 176(I) provides that contracts for construction, labor, equipment, material or repairs in excess of $50,000.00 shall be awarded by public trusts to the lowest and best competitive bidder, pursuant to public invitation to bid.
It is my understanding that a Public Trust is still subject to the $50,000.00 limit provided for in Section 176(I). Please let me know if you have any thoughts or authority otherwise.
Also, Section 176(I) allows an outlay of funds in excess of $75,000.00, without bidding, if an emergency exists. What happens for those amounts between $50,000.00 and $75,000.00 (over 50K must be bid but if over 75K must be spent in an emergency situation, no biding required)?
Your thoughts will be appreciated.
Joe
Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.netmailto:agbass@basslaw.net
[cid:image001.png@01D7E50D.67EA68B0]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036
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Public Trust are subject to the Competitive bidding act. They are also subject to the bidding requirements in Title 60 which include Contracts for construction, labor, equipment, material or repairs so a vehicle purchase in excess of $50,000 would have to be bid but the bidding requirement is not as extensive as the Competitive Bidding Act.
Ray
From: Joe Weaver
Sent: Monday, November 29, 2021 11:37 AM
To: oama@lists.imla.org
Subject: [Oama] Public Competitive Bidding Requirements
Client is a Title 60 Oklahoma Public Trust with County as Beneficiary. Section 103B of the Oklahoma Competitive Bidding Act (Title 61 O.S. § 101 et seq.) was recently amended to raise the competitive bidding requirements for public construction contracts to $100,000.00. This provision clearly applies to construction of and maintenance/repairs to improvements to real property.
Does the $100,000.00 limit apply to the purchase of vehicles, etc.?
The definition of “Public Agency” in Section 102(6) includes public trusts, however, Title 60 O.S. § 176 et seq. specifically applies to Public Trusts. Section 176(I) provides that contracts for construction, labor, equipment, material or repairs in excess of $50,000.00 shall be awarded by public trusts to the lowest and best competitive bidder, pursuant to public invitation to bid.
It is my understanding that a Public Trust is still subject to the $50,000.00 limit provided for in Section 176(I). Please let me know if you have any thoughts or authority otherwise.
Also, Section 176(I) allows an outlay of funds in excess of $75,000.00, without bidding, if an emergency exists. What happens for those amounts between $50,000.00 and $75,000.00 (over 50K must be bid but if over 75K must be spent in an emergency situation, no biding required)?
Your thoughts will be appreciated.
Joe
Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.
Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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