SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly-enabled statutory authority allows for P3 procurement for public infrastructure.
Does this state have broadly enabling P3 legislation?
The state's P3 procurement authority does allow for development and delivery of municipal facilities, environmental projects, and transportation projects.
Does the state allow for unsolicited proposals?
The P3-enabling statute does not specifically make provision for acceptance or review of unsolicited proposals.
What is the P3 contract approval authority?
Procurement agency review and approval. P3s do nto require legislative approval.
What is the state's P3 procurement process?
Development of all qualified projects will be the result of fair and open processes, following issuance of an RFP (Request for Proposals) or invitation for bids
Does the state have resources dedicated to P3s?
Guidelines to be developed and promulgated to drive processes and procedures related to procurement of public works. Implementation rules will be developed by the Arkansas Economic Development Commission and Arkansas Development Finance Authority.
Is this a Home Rule state, with limitations or opportunities for P3?
Arkansas is not considered a home rule state. As such, a “Public entity” may participate in P3 procurements. “Public entity” means an agency or instrumentality of the state, an agency, department, institution of higher education, board, or a commission.
Does this state have programmatic requirements for MWDBE participation?
There is no specific mention of any DBE requirements, except an implicit understanding that, to receive funds from a Federal resource, compliance will be required (i.e., TIFIA).
Does this state have programmatic requirements for labor participation?
There is no specific mention of stipulations for prevailing wage, organized labor, or municipal union participation, including project labor agreements.
Does this state have programmatic requirements for performance security?
Risk and Performance Security during the construction phase: (i) Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and (ii) Posting and delivery of all other bonds, letters of credit, or other forms of security acceptable to the responsible public entity in connection with the development of the qualifying project.
For what types of financing programs are P3 projects eligible?
A qualifying project may be financed by the qualified respondent or the responsible public entity, or both, and they may utilize any funding resources available to them, including: issuing debt, equity, or other securities or obligations, entering into leases, accessing designated trust funds, and borrowing or accepting grants from any state, federal, or private source.
What project types or asset classes are eligible for P3s in this state?
Assets classes which are eligible for P3 procurements includes a broad range of project types. The most recent bill signed into law does not apply to projects under the purview of the Arkansas State Highway and Transportation Department (which previously had P3 authority).
Are there projects where the P3 procurement method has been applied?
The newly enabled statutory authority has yet to lead to an active project procurement.