Oklahoma § 74-5165 - Approved Partnership Procurement process - Contract terms

§ 74-5165. Approved Partnership Procurement process - Contract terms

and conditions.

A. The responsible governmental entity may prepare a request

for proposal, which may include proposal stipends, and the proposed

partnership contract, both of which shall be approved by the

responsible governmental entity. After the responsible governmental

entity's approval of the request for proposal and the partnership

contract, the public project shall be deemed an Approved Partnership

Procurement.

B. Partnership contracts may contain the terms and conditions

to carry out and effect the purposes of this act, including the

duration of the contract, rates or fees for the public project to be

provided or methods or procedures for the determination of such

rates or fees, standards for the public project to be provided,

responsibilities and standards for operation and maintenance of any

related public project, required financial assurances, financial and

other data reporting requirements, bases and procedures for

termination of the contract and retaking of possession or title to

the public project, and events of default and remedies upon default,

including mandamus, a suit in equity, an action at law, or any

combination of those remedial actions.

C. Partnership contracts may also include a requirement for the

delivery of performance and payment bonds required for all

construction activities, and letters of credit, surety bonds or

other security in connection with the development or operation of

the qualifying public project, in the forms and amounts satisfactory

to the responsible governmental entity.

D. After proposals are received, the responsible governmental

entity, using the criteria established in the request for proposal,

Oklahoma Statutes - Title 74. State Government

shall evaluate the proposals submitted and may hold discussions with

proposers to further explore their proposals, the scope and nature

of the public project, and the various technical approaches they may

take regarding the public project.

E. The responsible governmental entity may reject any and all

submissions of qualifications or proposals and may terminate the

procurement process at any point.

F. The responsible governmental entity shall have the authority

to make commercially reasonable changes to the partnership contract.

Any such contract may contain the terms and conditions to carry out

and effect the purposes of this act.

G. Any submission not selected by the responsible governmental

entity shall be considered intellectual property that shall remain

the property of the proposer.

Added by Laws 2017, c. 332, § 5, eff. Nov. 1, 2017.

NOTE: Editorially renumbered from § 5155 of this title to avoid

duplication in numbering.