SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly-enabled for P3 procurement authority.
Does this state have broadly enabling P3 legislation?
Indiana is broadly enabled for P3 procurement, including transportation infrastructure, municipal (public) facilities, and environmental projects.
Does the state allow for unsolicited proposals?
IFA and INDOT are authorized to accept, review and assess unsolicited proposals.
What is the P3 contract approval authority?
Subject to re-approval, post-award, and Indiana Finance Authority (IFA).
What is the state's P3 procurement process?
Requires state legislative approval, review or other involvement by other state, local or federal entity.
Does the state have resources dedicated to P3s?
Indiana Finance Authority, INDOT, and other state or local government entity's have P3 experience.
Is this a Home Rule state, with limitations or opportunities for P3?
Indiana is a limited ‘home rule’ state; therefore, requires legislative approval or authority to pursue projects which involve public funds (i.e., through state budget). Dillon's Rule applies only to townships.
Does this state have programmatic requirements for MWDBE participation?
Indiana law requires INDOT to facilitate the participation of small, minority, women’s, disadvantaged and Indiana businesses in qualifying projects, and subjects the operator and any contractor or subcontractor to the same. Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Indiana law requires payment of the common construction wage for the construction of a public facility with public funds or a PPP. 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?
P3 agreements may require performance bonds and provide for payment of contractors and subcontractors (for public facilities). For transportation projects, the law provides that the P3 agreement must provide for the delivery of performance and payment bonds or other performance security in the forms and amounts as determined by the DOT.
For what types of financing programs are P3 projects eligible?
INDOT and IFA may combine Federal, State, local and private funds to finance a public-private transportation project (i.e., TIFIA, PABs). The laws permit local/state/Federal funds to be combined with private sector funds on a P3 project.
What project types or asset classes are eligible for P3s in this state?
P3s for planning, design, acquisition, construction, reconstruction, improvement, extension, expansion, operation, repair, management, maintenance or financing of a toll road; and for a transportation facility, including some rail projects, and a “facility project” relating to state parks, communications or certain hospitals. Public facilities include any public building, highway, street, alley, bridge, sewer, drain or any other public facility that is paid for out of public funds.
Are there projects where the P3 procurement method has been applied?
Ohio River Bridges East End Crossing. Indiana Toll Road.