{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-5155","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-5155","heading":"Selection of projects - Public-sector comparators","body":"A. Selection of Projects. Any proposer or responsible state\n\nagency may submit to the Partnership Committee one or more proposals\n\nfor partnership projects in connection with any public service. The\n\nPartnership Committee shall identify potential projects and public\n\nservices for which a public-private partnership may be appropriate\n\nfrom those received from a proposer, a responsible state agency or\n\nthose identified by the Partnership Committee itself. The\n\nPartnership Committee shall select such projects based on the\n\npartnership's potential to improve public operational efficiencies,\n\nimprove environmental performance, promote public safety, attract\n\nprivate investment in the state and minimize governmental\n\nliabilities.\n\nB. Public-Sector Comparators. After the Partnership Committee\n\nidentifies a potential partnership for a public project or public\n\nservice, the Office of Public-Private Partnerships shall conduct a\n\npublic-sector comparator study of the potential partnership. The\n\nPartnership Committee shall determine the scope of each public\n\nsector comparator, which scope shall depend on the type of proposed\n\npartnership and the nature of the public service under consideration\n\nfor the partnership. The following issues shall be considered as\n\ncomponents of a public sector comparator:\n\n1. The definition of the need served by the proposed\n\npartnership;\n\n2. The cost required to meet the public need served by the\n\npublic service under traditional procurements or traditional state\n\nagency operations;\n\n3. An analysis of alternative methods for providing the public\n\nservices under consideration, including but not limited to design-\n\nbuild, design-build-finance, design-build-finance-operate-maintain,\n\nservice contracts or leases and how the alternative method(s) would\n\nmeet the need served by the public service; and\n\n4. An evaluation of the cost/benefit of using an alternative\n\nmethod or public-private partnership to render a public service,\n\nwhich cost/benefit analysis shall include:\n\na. the potential cost of utilizing an alternative method,\n\nb. the operational and technological risks involved in\n\nutilizing an alternative method,\n\nc. a comparative analysis of rendering the public service\n\nby allowing the responsible state agency to utilize\n\ntraditional methods,\n\nd. the financial impact the partnership will have on the\n\nresponsible state agency, and\n\ne. the impact a partnership would have on job formation,\n\neconomic growth and the community in which the public\n\nservice is to be rendered.\n\nC. The Partnership Committee shall use the results of the\n\npublic sector comparator to determine which public services and\n\nprojects are appropriate for partnership. The Office of Public-\n\nPrivate Partnerships shall publish on its website the public sector\n\ncomparator for each project to provide a public service for which a\n\nrequest for qualifications is initiated.\n\nD. The Office of Public-Private Partnerships shall publish\n\nnotice of the intent to enter into a contract for a partnership for\n\npublic service or related project and shall prepare a request for\n\nqualifications for private sector entities interested in serving as\n\nproposers for the partnership. The notice shall notify interested\n\nparties of the opportunity to submit their qualifications for\n\nconsideration and shall be published at least sixty (60) days prior\n\nto the deadline for submitting those qualifications. The Office\n\nalso may advertise the information contained in the notice in\n\nappropriate trade journals and otherwise notify parties believed to\n\nbe interested in providing the public service and in any related\n\nproject.\n\nE. After inviting proposers to bid on the project, the\n\nPartnership Committee shall evaluate the qualifications submitted\n\nand may hold discussions with proposers to further explore their\nice\n\nalso may advertise the information contained in the notice in\n\nappropriate trade journals and otherwise notify parties believed to\n\nbe interested in providing the public service and in any related\n\nproject.\n\nE. After inviting proposers to bid on the project, the\n\nPartnership Committee shall evaluate the qualifications submitted\n\nand may hold discussions with proposers to further explore their\n\nqualifications. Following this evaluation, the Partnership\n\nCommittee may determine a list of qualified proposers based on\n\ncriteria in the invitation and invite only those proposers to submit\n\na proposal.\n\nF. The Office of Public-Private Partnerships shall prepare a\n\nrequest for proposal, which may include proposal stipends and the\n\nproposed partnership contract, both of which shall be approved by\n\nthe Partnership Committee. After the Partnership Committee's\n\napproval of the request for proposal and the partnership contract,\n\nthe project shall be deemed an Approved Partnership Procurement.\n\nG. Partnership contracts may contain the terms and conditions\n\nto carry out and effect the purposes of this act, including the\n\nduration of the contract, which shall not exceed ninety-nine (99)\n\nyears, rates or fees for the public services to be provided or\n\nmethods or procedures for the determination of such rates or fees,\n\nstandards for the public services to be provided, responsibilities\n\nand standards for operation and maintenance of any related project,\n\nrequired financial assurances, financial and other data reporting\n\nrequirements, bases and procedures for termination of the contract\n\nand retaking of possession or title to the project, and events of\n\ndefault and remedies upon default, including mandamus, a suit in\n\nequity, an action at law or any combination of those remedial\n\nactions. Partnership contracts may also include a requirement for\n\nthe delivery of performance and payment bonds required for all\n\nconstruction activities and letters of credit, surety bonds or other\n\nsecurity in connection with the development or operation of the\n\nqualifying project in the forms and amounts satisfactory to the\n\nresponsible governmental entity.\n\nH. After proposals are received, the Office of Public-Private\n\nPartnerships, using the criteria established in the request for\n\nproposal by the Partnership Committee, shall evaluate the proposals\n\nsubmitted and may hold discussions with proposers to further explore\n\ntheir proposals, the scope and nature of the public service(s) they\n\nwould provide and the various technical approaches they may take\n\nregarding the public service and any related project. Following\n\nthis evaluation, the Partnership Committee shall select and rank no\n\nfewer than three proposers that the Partnership Committee considers\n\nto be the most qualified to enter into the contract, except when the\n\nPartnership Committee determines that fewer than three qualified\n\nproposers are available, in which case the Partnership Committee\n\nshall select and rank them.\n\nI. After the proposers have been ranked by the Partnership\n\nCommittee, the Director of the Office of Management and Enterprise\n\nServices (OMES) and the authorized representative of the responsible\n\nstate agency shall negotiate the contract with the proposer ranked\n\nmost qualified to provide the public service at a compensation\n\ndetermined in writing to be fair and reasonable and to purchase,\n\nlease or otherwise take a legal interest in the project.\n\nJ. Upon failure to negotiate a contract with the proposer\n\nranked most qualified, the Director of OMES shall inform the\n\nproposer in writing of the termination of negotiations and may\n\nenter, with the responsible state agency, into negotiations with the\n\nproposer ranked next most qualified. If negotiations again fail,\n\nthe same procedure may be followed with each next most qualified\n\nproposer selected and ranked, in order of ranking, until a contract\nser\n\nranked most qualified, the Director of OMES shall inform the\n\nproposer in writing of the termination of negotiations and may\n\nenter, with the responsible state agency, into negotiations with the\n\nproposer ranked next most qualified. If negotiations again fail,\n\nthe same procedure may be followed with each next most qualified\n\nproposer selected and ranked, in order of ranking, until a contract\n\nis negotiated and executed or the request for proposal is withdrawn.\n\nK. If the Director of OMES and the authorized representative of\n\nthe responsible state agency fail to negotiate a contract with any\n\nof the ranked proposers, the Director of OMES, in consultation with\n\nthe responsible state agency, may terminate the process or select\n\nand rank additional proposers based on their qualifications or\n\nproposals, and negotiations shall continue as with the proposers\n\nselected and ranked initially until a contract is negotiated.\n\nL. The Director of OMES and the authorized representative of\n\nthe responsible state agency may jointly reject any and all\n\nsubmissions of qualifications or proposals and may jointly terminate\n\nthe procurement process at any point.\n\nM. The Director of OMES and the authorized representative of\n\nthe responsible state agency shall have the authority to make\n\ncommercially reasonable changes to the partnership contract approved\n\nby the Partnership Committee. Any such contract may contain the\n\nterms and conditions to carry out and effect the purposes of this\n\nact.\n\nN. Any submission not selected by the responsible state agency\n\nshall be considered intellectual property that shall remain the\n\nproperty of the proposer.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f0909c89bbd85b744172cf74d31f40ecd04fe9a9d53e389074ef681668018058","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-5154","next":"us-ok/okla.-stat.-tit.-74-74-5156"},"notice":"GroundRules: Original legal text. Not legal advice."}