Ariz. Admin. Code § 2-7-G305

Current through Register Vol. 31, No. 2, January 10, 2025

Section R2-7-G305 - Public-private Partnership Contracts

A. As referenced in this Article, a public-private partnership contract is a government contract and not a partnership. The government 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 interest 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 restrictions;

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 Information Technology Agency and Joint Legislative Budget Committee, before entering into a public-private partnership contract.

Ariz. Admin. Code § R2-7-G305

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