SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly-enabled for the use of P3s.
Does this state have broadly enabling P3 legislation?
Georgia’s statutory authority allows for procurement of public works infrastructure across a broad range of asset classes, including transportation, municipal facilities and environmental projects.
Does the state allow for unsolicited proposals?
The state’s procurement guidelines and statutory authority allow for the receipt and consideration of unsolicited proposals. There is a specific window during which such unsolicited proposals can be submitted. For those projects on the state level, unsolicited proposals must be submitted to a “responsible public entity” between May 1 and June 30 of each year. §36-91-113 allows for unsolicited proposals to local governments only (transportation).
What is the P3 contract approval authority?
Agency with jurisdiction.
What is the state's P3 procurement process?
Competitive, multi-stage review and approval of procurements for eligible projects. Requires requests for competing bids or other process for unsolicited proposals. §36-91-114 requires local governments to request competing bids for unsolicited proposals that are approved.
Does the state have resources dedicated to P3s?
No. Board of Regents of the University System of Georgia. State Properties Commission. §36-91-111 establishes the Partnership for Public Facilities and Infrastructure Act Guidelines Committee to help local governments implement P3s.
Is this a Home Rule state, with limitations or opportunities for P3?
Home rule specifically granted in Article IX of Georgia Constitution. Georgia applies Dillon's Rule to all municipalities; which allows state legislature control over local government (counties and municipalities), methods of financing its activities, its procedures and the authority to undertake P3 procurements.
Does this state have programmatic requirements for MWDBE participation?
The State’s procurement guidelines and specific solicitation procedures outline mandates for inclusion of local hiring objectives, and minority- or women-owned or disadvantaged business enterprise 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?
Each public-private partnership project shall be subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
A comprehensive agreement has to provide for performance and payment bonds in the amounts required under the Little Miller Act for the design and construction phase of a public works project. Surety bonds or other security acceptable to the public entity are required for the other phases and components of the project.
For what types of financing programs are P3 projects eligible?
Responsible public agencies (procurement authorities) may draw upon financing resources, including TIFIA, PABs, and WIFIA, to provide additional leverage for financial stability of a project procured through a P3 with private capital investment.
What project types or asset classes are eligible for P3s in this state?
State Department of Transportation asset classes, as well as projects selected by a local government in response to a proposal that meets the public need; not to include a project involving generation of power, communication services, cable and video services, or water reservoir projects.
Are there projects where the P3 procurement method has been applied?
University System of Georgia, Campus Housing. I-285 & SR 400 Improvements. Major Mobility Improvement Program.