I am looking for someone to play devil's advocate.  My police department has presented a proposed kx (Statement of Work") for "equipment, software, licensing and services to install" a dispatch system for 911 dispatch.

I do not believe that this is a public construction kx as defined under Title 61 O.S. section 102(6)-(7).  Any disagreement?

Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521

The Public Competitive Bid Act is limited to improvements to real property. Software and licenses will virtually never be an improvement to real property.

However, if the equipment is such that it is being installed in the building in such a manner that it cannot be removed without damaging the building, then it might be considered an improvement to the reality. Think of the difference between a rug which is easily removed, vs installed carpet which is nailed or glued in place, and therefore, which removal may damage and decrease the value of the building.

I do not know if any PCBA cases on point, but I seem to recall Material and Mechanics lien cases that make this distinction.

Mike V

PS> you said “devil’s advocate.” MRV

Sent from Mail for Windows 10

From: Michael Beason
Sent: Monday, March 9, 2020 1:15 PM
To: oama@lists.imla.org
Subject: [Oama] Application of the Public Competitive Bidding Act

I am looking for someone to play devil’s advocate.  My police department has presented a proposed kx (Statement of Work”) for “equipment, software, licensing and services to install” a dispatch system for 911 dispatch.

I do not believe that this is a public construction kx as defined under Title 61 O.S. section 102(6)-(7).  Any disagreement?

Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521