§ 61-202 — Definitions.

As used in the Public Facilities Act: 1. “Annual capital plan” means the collective state facility capital improvements, facility operations and maintenance, rent and lease payments, facility debt services, water, sewer and energy utilities and real property transactions approved by the Legislature in a capital budget relative to state construction, maintenance, and real estate services; 2. “Capital planning and asset management” means the processes for real property data acquisition, data analysis and determination of capital construction projects and procurement related to real property; 3. “Construction” means the process of planning, acquiring, designing, building, equipping, altering, repairing, improving, maintaining, leasing, disposing or demolishing any structure or appurtenance thereto including facilities, utilities, or other improvements to any real property but not including highways, bridges, airports, railroads, tunnels, sewers not related to a structure or appurtenance thereto, or dams; 4. “Construction administration” means a series of actions required of the Office of Management and Enterprise Services or other state agency employees, or, under a construction administration contract or contract provision, to ensure the full, timely, and proper performance of all phases of a construction project by all contractors, suppliers, and other persons having responsibility for project work and any guarantees or warranties pertaining thereto; 5. “Construction management” means a project delivery method based on an agreement whereby the owner acquires from a construction entity a series of services that include, but are not necessarily limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages, and construction administration; “construction management” includes: a. “agency construction management” whereby the construction entity provides services to the owner without taking on financial risks for the execution of the actual construction or time of performance, and the owner contracts directly with those awarded trade contracts for the work, and b. “at-risk construction management” whereby the construction entity, after providing agency services during the pre-construction period: (1) takes on the financial obligation to timely carry out construction under a specified cost agreement, and (2) enters into written subcontracts for the work in accordance with the construction management procedures for state agencies; 6. “Consultant” means an individual or legal entity possessing the qualifications to provide licensed architectural, registered engineering, registered land surveying, certified appraisal, land title, or abstract services or possessing specialized credentials and qualifications as may be needed to evaluate, plan or design for any construction or public work improvement project, or to lease, acquire or dispose of state-owned real property; 7. “Energy performance index or indices” (EPI) means a number describing the energy requirements at the building boundary of a structure, per square foot of floor space or per cubic foot of occupied volume, as appropriate under defined internal and external ambient conditions over an entire seasonal cycle. As experience develops on the energy performance achieved with state construction, the indices (EPI) will serve as a measure of structure performance with respect to energy consumption; 8. “Life cycle costs” means the cost of owning, operating, and maintaining the structure over the life of the structure. This may be expressed as an annual cost for each year of the facility’s use; 9. “Office” means the Office of Management and Enterprise Services; 10. “Procurement” means buying, purchasing, renting, leasing, allocating, trading or otherwise acquiring or disposing of supplies, services, or construction necessary to evaluate, plan, construct, manage, operate and preserve real property capital assets; 11. “Public improvement” means any beneficial or valuable change or addition, betterment, enhancement or amelioration of or upon any real property, or interest therein, belonging to a state agency and the State of Oklahoma, intended to enhance its value, beauty or utility or to adapt it to new or further purposes. The term does not include the direct purchase of materials used for general repairs and maintenance to state facilities; 12. “Shared savings financing” means the financing of energy conservation measures and maintenance services through a private firm which may own any purchased equipment for the duration of a contract. Such contract shall specify that the private firm will be recompensed either out of a negotiated portion of the savings resulting from the conservation measures and maintenance services provided by the private firm or, in the case of a cogeneration project, through the payment of a rate for energy lower than would otherwise have been paid for the same energy from current sources; and 13. “State agency” means an agency, board, commission, counsel, court, office, officer, bureau, institution, unit, division, body, or house of the executive or judicial branches of government of this state, whether elected or appointed, excluding only political subdivisions, the Oklahoma State Regents for Higher Education and its constituent institutions, the Oklahoma Municipal Power Authority, and the Commissioners of the Land Office.

Legislative History

Added by Laws 1983, c. 304, § 170, eff. Jan. 1, 1984. Amended by Laws 1986, c. 83, § 1; Laws 1986, c. 301, § 21, operative July 1, 1986; Laws 2000, c. 365, § 1, emerg. eff. June 6, 2000; Laws 2001, c. 5, § 33, emerg. eff. March 21, 2001; Laws 2002, c. 294, § 28, eff. Nov. 1, 2002; Laws 2006, c. 271, § 27, eff. July 1, 2006; Laws 2012, c. 184, § 1; Laws 2013, c. 15, § 48, emerg. eff. April 8, 2013; Laws 2013, c. 302, § 7, eff. Nov. 1, 2013; Laws 2016, c. 71, § 3; Laws 2019, c. 299, § 6, eff. Jan. 1, 2020; Laws 2022, c. 238, § 28, eff. Nov. 1, 2022; Laws 2024, c. 452, § 125, emerg. eff. June 14, 2024. NOTE: Laws 2000, c. 363, § 14 repealed by Laws 2001, c. 5, § 34, emerg. eff. March 21, 2001. Laws 2012, c. 304, § 318 repealed by Laws 2013, c. 15, § 49, emerg. eff. April 8, 2013.