Public Property and Works

CHAPTER 37-2.3
Government Oversight and Fiscal Accountability Review Act

SECTION 37-2.3-3

§ 37-2.3-3. Definitions.

As used in this chapter, the following terms shall have the following meanings:

(1) "Agency" includes any executive office, department, division, board, commission, or other office or officer in the executive branch of the government.

(2) "Person" includes an individual, institution, federal, state, or local governmental entity, or any other public or private entity.

(3) "Private contractor employee" includes a worker directly employed by a private contractor, as defined in this section, as well as an employee of a subcontractor or an independent contractor that provides supplies or services to a private contractor.

(4) "Privatization or privatization contract" means an agreement or combination or series of agreements by which a non-governmental person or entity agrees with an agency to provide services expected to result in a fiscal year expenditure of at least one hundred fifty thousand dollars ($150,000), which would contract services which are substantially similar to and in replacement of work normally performed by an employee of an agency.

"Privatization" or "privatization contract" excludes:

(i) Contracts resulting from an emergency procurement;

(ii) Contracts with a term of one hundred eighty (180) days or less on a non-recurring basis;

(iii) Contracts to provide highly specialized or technical services not normally provided by state employees;

(iv) Any subsequent contract which renews or rebids a privatization contract that was subject to the provisions of this statute after its enactment; and

(v) An agreement to provide legal services or management consulting services.

(5) "Privatization contractor" is any vendor, contractor, consultant, subcontractor, independent contractor or private business owner that contracts with a state agency to perform services in accordance with the definition of a "privatization contract."

(6) "Services" includes, with respect to a private contractor, all aspects of the provision of services provided by a private contractor pursuant to a privatization contract, or any services provided by a subcontractor of a private contractor.

History of Section.
(P.L. 2006, ch. 172, § 1; P.L. 2006, ch. 646, § 1; P.L. 2008, ch. 121, § 3; P.L. 2008, ch. 139, § 3; P.L. 2011, ch. 363, § 35; P.L. 2014, ch. 145, art. 9, § 3.)