§ 42-148-2 - Definitions.
SECTION 42-148-2
§ 42-148-2 Definitions. – When used in this chapter:
(a) "In-house costs" means a detailed budget breakdown of thecurrent costs of providing the service or program proposed for privatization.
(b) "Statement of work and performance standards" means aclear statement of the nature and extent of the work to be performed withmeasurable performance standards as set forth in § 42-148-3(b)(2) of thischapter.
(c) "In-house bid" shall mean the cost of the proposalproffered by in-house state programs and employees and their representativespursuant to § 42-148-3(b)(3) of this chapter.
(d) "Cost comparison" means an analysis of the comparativecosts of providing the service in-house or by privatization.
(e) "Conversion differential" means transition costs andcosts associated with starting up or closing down during conversion topurchased services or in the event of the need to bring services back in-house.
(f) "Transition costs" means the cost of contractingincluding monitoring vendors for accountability, costs associated withunemployment compensation, payment of accrued leave credits, bumping, andretention factors for those with statutory status. Transition costs shall notinclude department overhead or other costs that would continue even if theservices were privatized.
(g) "Privatization or privatization contract" means anagreement or combination or series of agreements by which a non-governmentalperson or entity agrees with an agency to provide services expected to resultin a fiscal year expenditure of at least one hundred fifty thousand dollars($150,000) (as of July 1 of each year, the amount shall increase to reflectincreases in the consumer price index calculated by the United States Bureau ofLabor Statistics for all urban consumers nationally during the most recenttwelve (12) month period for which data are available or more), which wouldcontract services which are substantially similar to and in replacement of worknormally performed by an employee of an agency as of June 30, 2007.
"Privatization" or "privatization contract" excludes:
(1) Contracts resulting from an emergency procurement;
(2) Contracts with a term of one hundred eighty (180) days orless on a non-recurring basis;
(3) Contracts to provide highly specialized or technicalservices not normally provided by state employees;
(4) Any subsequent contract which: (a) renews or rebids aprior privatization contract which existed before June 30, 2007; or (b) renewsor rebids a privatization contract that was subject to the provisions of thisstatute after its enactment; and
(5) An agreement to provide legal services or managementconsulting services.