SUMMARY OF P3 LEGISLATIVE STATUS:
Enabled for transportation infrastructure.
Does this state have broadly enabling P3 legislation?
The State of Delaware procurement code allows for the use of alternative project delivery methods, including P3s for transportation projects. There are no specific provisions for other asset classes; but there are also no restrictions against pursuit of college campus building modernization or related facilities.
Does the state allow for unsolicited proposals?
Delaware does allow for unsolicited proposals.
What is the P3 contract approval authority?
The state's Dept. of Transportation does have to allow for legislative approval for some of its proposed P3 qualifying projects.
What is the state's P3 procurement process?
Projects, whether selected through an RFP or an unsolicited proposal, must be reviewed for approval by a project committee (within DEDoT), as well as the directly affected metropolitan planning organization(s) and the Council on Transportation AND the Co-chairs of the Joint Bond Bill Committee of the Delaware General Assembly.
Does the state have resources dedicated to P3s?
DEDOT: the Delaware Department of Transportation.
Is this a Home Rule state, with limitations or opportunities for P3?
No. Delaware employs Dillon's Rule to all municipalities; which allows a state legislature to control local government structure, methods of financing its activities, its procedures and the authority to undertake functions.
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Compliance with Federal prevailing wage laws, shall be required based on source of funds
Does this state have programmatic requirements for performance security?
Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
Participants (DEDoT or SPV) may apply for, receive and accept from any federal agency or any other governmental body grants or financial support, including TIFIA.
What project types or asset classes are eligible for P3s in this state?
Highways, roads, bridges, vehicles and equipment, ports and marine related facilities, park and ride lots, rail and other transit systems, facilities, stations and equipment, rest areas, tunnels, airports, transportation management systems, control / communications / information systems and other transportation related investments.
Are there projects where the P3 procurement method has been applied?
Not as of publishing of this summary report.