41-2559. Public-private partnership
contracts
A. The director may enter into public-private partnership contracts to finance the
technology needs of the purchasing agency. The funding for services under a
public-private partnership contract entered into pursuant to this section shall be
contingent on and computed according to established performance standards and shall be
attributable to the successful implementation of the technology program for the period
specified in the contract. The director may issue requests for information and requests
for proposals to solicit private partners that are interested in providing programs under
a contract entered into pursuant to this section.
B. Each request for proposals issued pursuant to this section shall require each
private partner to propose specific performance improvements and measurement approaches
to be used to measure the value delivered by the vendor technology solution. The director
shall include an assessment of the proposed value of the vendor technology solution in
its evaluation criteria to select the best value solution for the purchasing agency.
C. A contract entered into between the director and an automated systems vendor
shall provide for payment of fees on a contractually specific amount based on the
achievement of measured performance improvements that are mutually agreed to by the
contractor and the director and monies for payment of these fees are not subject to
legislative appropriation. The following are subject to review and approval by the
director:
1. The terms of contracts entered into pursuant to this section relating to the
measurement of the performance improvement attributable to the vendor technology program.
2. Payment of fees based on the achievement of the established performance
measures.
D. Before a public-private partnership contract is awarded pursuant to this
section, the joint legislative budget committee staff shall be consulted with regard to
the potential fiscal impact of the contract to the state. If the joint legislative
budget committee staff finds a significant negative fiscal impact to the state, the staff
shall report its findings to the joint legislative budget committee.
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