The Oklahoma Bar Journal October 2026

must be returned upon proper con tract execution and may be excused for legally recognized, excusable bidding errors. 27 Bid security protects the integ rity of the process by ensuring bidders are serious, discouraging post-opening withdrawals, covering default-related costs, and promoting fairness, while allowing relief for legally recognized bidding errors. Sworn non-collusion state ments. Each bidder must submit a sworn statement with the bid confirming that the bidder has not participated in any prohib ited agreement. 28 This not only applies to construction bids, but also to bids regarding furnishing goods or services as well. 29 Sworn statement forms should be stated substantially as follows: agent of _ , for the purpose of certifying facts pertaining to the existence of collusion among and between bidders and suppliers and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consider ation in connection with the prospective acquisition; 2. I am fully aware of the facts and circumstances surround ing the acquisition or mak ing of the bid to which this statement relates and have been personally and directly involved in events leading to the acquisition or submission of such bid; and 3. Neither the business entity that I represent in this certi fication nor anyone subject to I certify: 1. I am the duly authorized

enable a bid to be submitted electronically; 22 and

the business entity’s direction or control has been a party:

5) Any additional informa tion regarding such pro posed contract deemed by the awarding public agency to be of beneficial interest to prospective bid ders or the public. 23 It is imperative for the munici pality to describe the requirements and specifications of the job they are seeking. Courts have ruled that if the description is different than what the municipality fully intended, the requirement in the description will prevail over the intent, and the municipality can be liable for full payment to the con tractor along with attorney fees. 24 Bid document availability and deposits . Complete bidding docu ments for a proposed contract must be made available to the public at least 20 days before bids are opened. A municipality’s estimate of the project’s actual cost is not confiden tial and must be made available to the public in accordance with the Oklahoma Open Records Act. 25 A municipality may charge a reasonable deposit for bid docu ments, so long as the amount does not exceed the actual cost of print ing or duplication. The munici pality may retain all or part of the deposit if that condition is clearly disclosed in the bid notice. 26 Bid Submission and Opening Bid security. For contracts sub ject to the act, bidders must submit bid security equal to 5% of the bid. If the apparent low bidder fails to execute the contract or provide required bonds and insurance, the municipality may forfeit the security to cover resulting costs, up to the amount posted. Bid security

a. to any collusion among bidders or suppliers in restraint of freedom of competition by agreement to bid or contract at a fixed price or to refrain from bid ding or contracting, any municipal official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, nor c. to any discussions between bidders or suppliers and b. to any collusion with

any municipal official concerning exchange of money or other thing of value for special consider ation in connection with the prospective contract.

I certify, if awarded the contract, whether competitively bid or not, neither the business entity I represent nor anyone subject to the business entity’s direction or control has paid, given or donated or agreed to pay, give or donate to any officer or employee of this municipality any money or other thing of value, either directly or indi rectly, in procuring the contract to which this statement relates. 30

Late bids. Any bid received after the time set for opening of bids shall not be opened or considered by the awarding public agency. 31 Public and electronic bid openings. Bids, whether submitted on paper or electronically, must be opened only at the date, time, and place stated in the bid documents. Public opening of bids at the stated

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