Okla. Stat. tit. 74, § 74-5152

A. As used in the Oklahoma Public and Private Facilities and

Infrastructure Act:

1. "Contract" means any purchase and sale agreement, lease,

service agreement, franchise agreement, concession agreement or

other written agreement entered into under the Oklahoma Public and

Private Facilities and Infrastructure Act with respect to the

provision of a public service and any project related thereto;

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2. "Improvement" means any instruction, reconstruction,

rehabilitation, renovation, installation, improvement, enlargement

or extension of property or improvements to property;

3. "Partnership Committee" means a committee consisting of nine

(9) members, three members appointed by the President Pro Tempore of

the Senate, three members appointed by the Speaker of the House of

Representatives, two representatives of the Office of Management and

Enterprise Services (OMES), and a representative of the Department

of Commerce, to be appointed by the Governor. Five members of the

Partnership Committee shall constitute a quorum. The Partnership

Committee shall act only upon a decision of a majority of appointed

members;

4. "Private sector entity" means any corporation, whether for

profit or not for profit, limited liability company, partnership,

limited liability partnership, sole proprietorship, business trust,

joint venture or other entity, but shall not mean the state, a

political subdivision of the state, or a public or governmental

entity, agency or instrumentality of the state;

5. "Project" means real or personal property, or both, and

improvements thereto or in support thereof, including undivided and

other interests therein, used for or in the provision of a public

service;

6. "Proposer" means a private sector entity, a local or

regional public entity or agency, or any group or combination

thereof, submitting qualifications or a proposal for a public-

private partnership contract;

7. "Public service" means a service provided for a public

purpose of a responsible state agency and identified in an

invitation for qualifications or proposals under the Oklahoma Public

and Private Facilities and Infrastructure Act; and

8. "Responsible state agency" means the agency, department,

commission, authority or other instrumentality of the state

responsible for the provision of the public service which is or is

proposed to be the subject of a contract. Any such agency that is

subject to The Oklahoma Central Purchasing Act, the Public

Competitive Bidding Act, the Oklahoma State Finance Act and the

Oklahoma Privatization of the State Functions Act shall comply with

these laws.

B. The Oklahoma Department of Transportation and the Oklahoma

Turnpike Authority shall be exempt from the Oklahoma Public and

Private Facilities and Infrastructure Act. However, the Oklahoma

Department of Transportation and the Oklahoma Turnpike Authority may

utilize the general provisions and process described herein to

develop a public-private partnership contract for a transportation

improvement in consultation with the Director of OMES and subject to

the approval of the Oklahoma Transportation Commission or the

Oklahoma Turnpike Authority Board as applicable.

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