The Oklahoma Bar Journal October 2026

imprisonment and applicable fines. The offender must serve at least 20% of the sentence imposed before becoming eligible for release, including release to electronic monitoring, and the court may also impose any applicable fines autho rized by Oklahoma law. 62 Emergency Declarations The notice and bidding require ments of the act do not apply when an emergency is properly declared. An emergency exists when a sudden, unexpected, or unfore seen condition threatens public health or safety or risks further damage to municipal property if not addressed promptly. A munic ipality may declare an emergency by a two-thirds vote of all mem bers of the governing body. Emergency Delegation Limits The municipality may also, by a two-thirds vote, delegate limited authority to the chief adminis trative officer to declare an emer gency for contracts not exceeding $150,000. If the chief administrative officer declares an emergency with out prior governing body approval, the officer must notify the govern ing body within 10 days, explain the reasons for the declaration, and ensure the action is recorded in the official minutes. 63 CHALLENGES, ENFORCEMENT AND RECORD KEEPING Taxpayer and Bidder Injunction Actions Any Oklahoma taxpayer or bona fide unsuccessful bidder may, within 10 days after a public construction contract is executed, bring an action in the district court of the county where the work will EMERGENCIES AND EXCEPTIONS

be performed to enjoin the contract if it was awarded in violation of the act. 64 Record Retention Requirements All bids, contracts, and required bonds must be kept by the munic ipality for at least five years from the bid opening or three years after the contract is completed, which ever period is longer, and these records must be available for public inspection as public records. 65 Termination of Dormant Contracts If a contract awarded under the act has had no work performed and no pending claim or litigation for the past 24 months, the munici pality must terminate the contract. After termination, the munic ipality must determine any final amount owed and send payment to the contractor’s last known address or deposit the funds with the state treasurer if the contractor cannot be located. Once payment is made or deposited, the municipality and any surety are released from further liability. If the contractor does not claim the funds within 36 months, the money is transferred to the gen eral revenue fund and all remaining liability on the project ends. 66 PRACTICAL TIPS AND TAKEAWAYS Plan Early and Document Everything Many bidding problems arise before bids are opened. Clearly define the scope, publish proper notice, and disclose all require ments, document decisions (especially responsibility determi nations), and any award to some one other than the lowest bidder.

ETHICS, CONFLICTS, AND CRIMINAL PENALTIES Governing Body Conflicts of Interest Each bidder must submit a sworn written statement with the bid disclosing any potential con flicts of interest. The statement must disclose any current or recent business rela tionships with the project’s archi tect, engineer, or related parties, including relationships involving company officers or directors, and identify all individuals involved or affirmatively state that none exist. 60 The purpose of this requirement is to prevent conflicts of interest and protect the integrity of the competi tive bidding process. Members of a municipality’s governing body and their relatives within the third degree by blood or marriage may not have any direct or indirect financial interest in a municipal public construction con tract, including through ownership, partnership, or similar arrange ments. Any contract made in violation of this prohibition is void. A willful violation is a felony that requires removal from office and is classified as a Class D3 offense, punishable by imprisonment, fines, or both, including up to two years in prison for a first-time offense under 21 O.S. §20P. 61 These requirements protect the integrity of competitive bidding by preventing favoritism and self- dealing, ensuring awards are based on merit and price, and reducing the risk of void contracts, criminal liability, and loss of public trust. Collusion and Bid Rigging Any collusion among bidders or suppliers that restrains competition renders the bids void and, if will ful, constitutes a Class D1 felony punishable by up to five years’

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