The Oklahoma Bar Journal October 2026

G overnment & A dministrative L aw P ractice

Public Construction Under the Oklahoma Public Competitive Bidding Act: Municipal Compliance from Bid to Completion By Chase McBride

T HE PUBLIC COMPETITIVE BIDDING ACT OF 1974 applies to public agencies, includ ing the state of Oklahoma, and its political subdivisions such as counties, cities, towns, and school districts. This article addresses only those provisions of the act that apply to public construction contracts for municipalities.

under $10,000 may be negotiated with a qualified contractor. 5 Municipalities may adopt charters containing provisions that differ from general state law. 6 However, if a statute, municipal charter, or ordinance imposes stricter requirements than the act, the stricter provisions control. 7 Competitive bidding require ments are mandatory, and con tracts awarded in violation of the statute are void .8 The act also allows municipali ties to perform construction work on a force account basis, meaning the city may use its own employ ees, equipment, and resources rather than bidding the work out,

construction management trade contracts or subcontracts exceeding $50,000 be awarded to the lowest responsible bidder through open, competitive, sealed bidding. 3 No work may begin until a written con tract is executed, and the contractor has provided all required bonds and insurance. 4 These thresholds ensure that larger public projects receive appropriate oversight and deliver the best value to the public. For construction projects involv ing improvements, buildings, or repairs totaling $100,000 or less, a municipality may award the work based on written bids or competi tive quotes in accordance with its purchasing policies, and contracts

Municipal officials function as trustees of public funds. The act is designed to promote open compe tition and to guard against “favor itism, improvidence, extravagance, fraud and corruption,” while securing “the best work or supplies at the lowest price practicable.” 1 Its “sole purpose is to obtain the best results at the lowest cost, the great est value for the fewest dollars; in other words, it is a means for mak ing the best possible bargain.” 2 THRESHOLD AND WHEN THE ACT APPLIES In short, the act requires that municipal public construction contracts exceeding $100,000 and

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

20 | OCTOBER 2026

THE OKLAHOMA BAR JOURNAL