SUMMARY OF P3 LEGISLATIVE STATUS:
Transportation-related P3 authority.
Does this state have broadly enabling P3 legislation?
Comprehensive state project authority and limited, state and local allowance for transportation projects.
Does the state allow for unsolicited proposals?
The Department of Transportation is not authorized to receive or review unsolicited proposals.
What is the P3 contract approval authority?
Legislative authorization is required for projects that would require the use of public funds. §23-2-144(5) requires an authority to have approval of Department of Transportation to acquire and construct toll road, bridge or tunnel projects.
What is the state's P3 procurement process?
A project must be procured via RFP issued at applicable authority (i.e., AL DOT or County Commission). Allows bids to be awarded by best value or qualifications.
Does the state have resources dedicated to P3s?
AL DOT. There is limited (specific) P3 authority extended to County Commissions, and the AL Toll Road, Bridge and Tunnel Authority.
Is this a Home Rule state, with limitations or opportunities for P3?
Alabama is not a ‘home rule’ state; therefore, requires legislative approval or authority to pursue projects which involve public funds (i.e., through state budget). Certain municipalities within the state are exempt from Dillon’s Rule; while the balance of the state is generally not considered acting within Home Rule autonomy.
Does this state have programmatic requirements for MWDBE participation?
Alabama Department of Transportation has a Disadvantaged Business Enterprise (DBE) goal of 12.72% compliance for Federally-funded (FHWA) projects.
Does this state have programmatic requirements for labor participation?
Each public works infrastructure or public-private partnership project will be subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
Alabama is “Little Miller Act” compliant which requires posting of a performance bond, a type of surety bond that covers the cost of substitute performance if the prime contractor fails to fully perform his duties under the contract.
For what types of financing programs are P3 projects eligible?
§23-2-144(a)(15) and §23-2-158 require Governor to approve acceptance of Federal funds as well as the expenditure of funds to study proposed projects.
What project types or asset classes are eligible for P3s in this state?
Toll roads, toll bridges, tunnels, ferries and causeways. State DOT and county commissions may license any legal entity to establish or operate toll roads, toll bridges, ferries or causeways. Design-build, design-build-operate, design build-own-operate or design-build-own operate-maintain, for development, operation, management or undertaking of a toll road, bridge or tunnel project; does not apply to existing roadway capacity.
Are there projects where the P3 procurement method has been applied?
I-10 Mobile River Bridge and Bayway Project.