(1) Nothing in this part:
(a) requires a government entity to use the facilitator to explore the possibility of filling a public need through a public-private partnership; or
(b) limits the ability of a government entity to directly:
(i) solicit a public-private partnership; or
(ii) respond to a private person exploring an investment opportunity in a public project through a public-private partnership.
(2) A facilitator shall inform a bonding government entity that is contemplating entering into a concessionaire contract that the bonding government entity may not enter into the concessionaire contract unless the bonding government entity first receives approval from the State Finance Review Commission in accordance with Section 63C-25-202.
(3) A government entity anticipating the possibility of entering into a public-private partnership or a concessionaire contract is encouraged to consult with and take advantage of the expertise of the facilitator as the government entity determines:
(a) whether to enter into the public-private partnership or the concessionaire contract; and
(b) the best way to structure the public-private partnership or the concessionaire contract.