The Oklahoma Bar Journal October 2026

to one in-state trade or construc tion publication for informational purposes. However, this does not require the notice to actually be published by that publication, nor does it require sending notice to multiple in-state publications or to any out-of-state publications. 17 Timing requirements. The notice must be published in two consecutive weekly issues, with the first publication occurring at least 21 days before the bid opening. 18 Required contents of bid notices. Five requirements must be included in a bidding require ment. The specific requirements of a bid notice are the following: posed public construction contract in sufficient details that all bidders shall know exactly what their obliga tion will be, either in the bid notice itself or by refer ence to bidding documents available to the public; 19 and 2) The name of the officer, agent, or employee of the awarding public agency and the office location and address of such person, from whom a complete set of bidding documents regarding such proposed contract may be obtained, together with the amount of the cost deposit required therefor, if any; 20 and 3) The date, time and place of opening of the sealed bids either in person or electron ically; 21 and 4) The name, office location, 1) The character of the pro

multiple by artificially dividing work that should be treated as one project. The act “prevents splitting contracts into partial contracts to avoid the requirements of the Act. The Act was not adopted to be circumvented. It is to be strictly followed.” 15 A contract may not be divided into smaller parts to avoid the requirements of the act, and any contracts created for that purpose are void. Any person who knowingly violates this prohibition commits a misdemeanor and, upon conviction, may be punished by up to one year in the county jail, a fine of up to $1,000, or both. 16 lished. Municipalities must give notice of bid opportunities in a way that is widely accessible and ensures all potential bidders and the public receive the same infor mation and opportunity to par ticipate. This includes electronic notification and publication in a newspaper of general circulation within the county where the work is to be performed. Additionally, when a project is expected to cost more than $100,000, or a construction management trade contract or subcontract exceeds $50,000, notice must also be sent Notice Requirements Where notice must be pub

Prequalification does not replace any required licensing, and courts have made clear that it does not give a bidder a property right to receive the contract, even if the bidder submits the lowest bid. 13 Attempting to circumvent bidding. Often, attempts are made to circumvent the act. Courts look to substance over form and have consistently held that attempts to avoid public bidding are unlawful. Even when technical compliance appears to exist, actions intended to undermine competition may violate the act’s purpose. This may not only void the contract, but it is also potentially criminal. One common attempt to evade the act is mischaracterizing a proj ect as something other than a con struction contract in order to avoid the bidding requirements. One test applied by the court in deter mining construction is “whether the article or item is permanently affixed to the realty or as set out in 60 O.S. 1961, Section 7, or per manently attached to what is thus permanent, as by means of cement, plaster, nails, bolts or screws.” 14 Another example of tech niques used to avoid the bidding monetary thresholds of the act is called “bid splitting.” This is when one project is split into

It is imperative for the municipality to describe the requirements and specifications of the job they are seeking.

and address of the office of the awarding public agency to whom the sealed bids should be submitted or information sufficient to

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.

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THE OKLAHOMA BAR JOURNAL