SUMMARY OF P3 LEGISLATIVE STATUS:
P3-enabled for transportation projects.
Does this state have broadly enabling P3 legislation?
While there are no specific provisions enabling P3 procurements for municipal facilities or environmental projects, the state is authorized to enter into agreements with private entities to develop, finance, design, construct, improve, rehabilitate, own or operate toll facilities, as well as high occupancy managed lanes.
Does the state allow for unsolicited proposals?
Minnesota does allow for the receipt and consideration of unsolicited proposals for eligible asset classes for public infrastructure projects.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Requires a multi-step review and approval of sealed competitive bids.
Does the state have resources dedicated to P3s?
Minnesota Department of Transportation is the currently empowered procurement authority which can conduct Public Private Partnerships for eligible assets classes.
Is this a Home Rule state, with limitations or opportunities for P3?
Minnesota employs Dillon's Rule to all municipalities; which allows the legislature to control local government structure (counties and municipalities), methods of financing its activities, its procedures and the authority to undertake certain 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?
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?
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?
MNDoT can draw upon Federal financing measures to positively affect the bankability of deals for public infrastructure. They are eligible for such funding and financing programs available from the Federal government, including TIFIA, RRIF, PABs and WIFIA, in so far as private investment opportunities will allow.
What project types or asset classes are eligible for P3s in this state?
Revenue risk, transportation facilities.
Are there projects where the P3 procurement method has been applied?
Managed lanes conversions, from HOV (High Occupancy Vehicle) lanes to HOT (High Occupancy Toll) lanes.