SUMMARY OF P3 LEGISLATIVE STATUS:
Currently authorized for accelerated project delivery (not specifically P3s).
Does this state have broadly enabling P3 legislation?
P3 statutory authority is not currently enabled for transportation infrastructure, municipal facilities or environmental projects in Nebraska. Design + Build was recently enacted.
Does the state allow for unsolicited proposals?
Nebraska's current statutory authority does not address any allowance for submission and consideration of unsolicited proposals for P3s.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Fair and open competitive bidding is the standard for procurement of goods and services in support of the needs of the citizens of the state of Nebraska.
Does the state have resources dedicated to P3s?
There is not currently identified a centralized agency involved in procurement of P3s. Nebraska Dept. of Transportation is the central procurement authority for accelerated project delivery.
Is this a Home Rule state, with limitations or opportunities for P3?
Nebraska is not a Home Rule state, and employs Dillon's Rule to all municipalities; which allows the legislature to control local government structure, methods of financing its activities, processes and procedures.
Does this state have programmatic requirements for MWDBE participation?
While not related to P3 procurements, any funding covenants will stipulate compliance with MWDBE participation (i.e., DBEs for Federally funded projects).
Does this state have programmatic requirements for labor participation?
Davis-Bacon governs prevailing wage for applicable labor categories involving Federally funded projects.
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?
State transportation projects may be eligible for TIFIA financing support, but there is no provision for private sector investment in public infrastructure. Water projects may be eligible for WIFIA financing support; but there are no comparable private investment provisions for water-related projects.
What project types or asset classes are eligible for P3s in this state?
NDOT can selectively use alternative contracting tools to help accelerate the largest and most complex road projects.
Are there projects where the P3 procurement method has been applied?
There have yet to be P3 procurements in Nebraska.