SUMMARY OF P3 LEGISLATIVE STATUS:
Limited-use, project-specific P3-enabled procurement authority.
Does this state have broadly enabling P3 legislation?
New Jersey is limited for its P3-enabling authority to community or county scale hospitals. It formerly had P3 authority for colleges; which were used for dormitory or student living. Accessible through the Port Authority of New York and New Jersey.
Does the state allow for unsolicited proposals?
There is no provision for receiving or reviewing unsolicited proposals for New Jersey.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Should there be a need for a specific solicitation for a county hospital upgrade, the review procedures would be delineated in that process description. In the past, NJ has utilized a prequalification and competitive bid review and selection process.
Does the state have resources dedicated to P3s?
There are plans to reinstate appropriate, and sector-specific review authorities, in the event that P3s are re-established within NJ’s procurement code.
Is this a Home Rule state, with limitations or opportunities for P3?
New Jersey is a Home Rule state; but the authority to obligate state funds, applied to public works infrastructure, remains with the State Department of Transportation.
Does this state have programmatic requirements for MWDBE participation?
There are compliance guidelines for minority-owned business participation in public works projects. DBE participation compliance 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?
Where applicable, public infrastructure projects have been able to draw upon Federal funds and finance mechanisms in support of transportation projects, including TIFIA, PABs, or RRIF.
What project types or asset classes are eligible for P3s in this state?
Currently limited to county or community hospitals.
Are there projects where the P3 procurement method has been applied?
P3s have been applied to the Bayonne Municipal Water facilities upgrade. Through the Port Authority of New York & New Jersey, the Goethals Bridge is being replaced through a DBFM P3. In the past, Montclair State University was able to upgrade and expand capacity for its campus through an alternative project delivery procurement.