(1) The general assembly hereby finds and declares that:
Under certain circumstances, contingency-based contracts can benefit the state byreducing state agencies' fixed contractual costs and linking state agency expenditures to the achievement of desired results, but contingency-based contracts can also have unintended adverse consequences that impact state finances in ways that a contracting state agency might not foresee.
Contracting is a function of the executive branch of state government, but the powerto appropriate state moneys is a legislative function, and it is necessary and appropriate to provide limited legislative guidance to the executive branch regarding contingency-based contracts in order to protect state finances and the appropriations process from possible unintended adverse effects of contingency-based contracts.
(2) The general assembly further finds and declares that:
Existing statutes expressly authorize certain state agencies to enter into contingencybased contracts in specified circumstances, and these statutes reflect the considered judgment of the general assembly that contingency-based contracts are appropriate in those circumstances. It is not the intent of the general assembly to subject contingency-based contracts entered into pursuant to specific statutory authorization to the requirements of this part 2.
Because the office of state planning and budgeting is the executive branch agencythat makes state economic forecasts for the executive branch and oversees the participation of the executive branch in the state budgeting process, it is the state agency best suited to determine, in accordance with the guidelines set forth in this part 2, whether a contingency-based contract not expressly authorized by statute is appropriate.
Source: L. 2004: Entire part added, p. 1124, § 1, effective May 27.