Section R2-7-G305. Public-Private Partnership Contracts

A.      As referenced in this Article, a public-private partnership con- tract is a government contract and not a partnership. The gov- ernment shall not jointly own or share property with the contractor and the government shall not be responsible for the contractor’s liabilities.

B.       An agency chief procurement officer shall submit a written request to the state procurement administrator to enter into a public-private partnership contract. The written request shall contain the following:

1.        Name of the agency or agencies;

2.        Name of the contractor;

3.        Description of the public-private partnership, including obligations of the agency and the contractor;

4.        Statement and explanation that the project is in best inter- est of the state;

5.        Proposed contract price and assessment of the proposed value;

6.        Description of the proposed performance measurement criteria and methods;

7.        Duration of the project; and

8.        Proposed contract terms and conditions.

C.      The agency chief procurement officer shall obtain approval from the state procurement administrator before proceeding with a public-private partnership. The state procurement administrator shall either:

1.        Issue written approval, with any conditions or restric- tions;

2.        Request additional information from the agency chief procurement officer; or

3.        Deny the request.

D.      If the request is approved, the contract shall be awarded in accordance with A.R.S. §§ 41-2533, 41-2534, 41-2535, 41- 2536, or 41-2537.

E.       The using agency is responsible for obtaining all necessary approvals, including approvals from the Government Informa- tion Technology Agency and Joint Legislative Budget Com- mittee, before entering into a public-private partnership contract.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).