SUMMARY OF P3 LEGISLATIVE STATUS:
Enabled for transportation P3s.
Does this state have broadly enabling P3 legislation?
Oregon’s P3 authority is specifically limited to transportation projects in eligible asset classes. Explicitly allows for the conversion of existing roads to toll roads or managed lanes with approval of the Transportation Commission.
Does the state allow for unsolicited proposals?
The Oregon Dept. of Transportation may receive and review for consideration unsolicited proposals to address and meet public infrastructure needs.
What is the P3 contract approval authority?
The Oregon Transportation Commission approval is required for all PPP agreements and the establishment of tolls. DOT may establish advisory committees to review concepts or proposals for transportation projects.
What is the state's P3 procurement process?
DOT is required to solicit recommendations of all units of government having jurisdiction concerning the design of a tollway.
Does the state have resources dedicated to P3s?
Oregon Dept. of Transportation has procurement management responsibilities for any P3s.
Is this a Home Rule state, with limitations or opportunities for P3?
Oregon is a “home rule” state, and therefore has broad governmental authority locally.
Does this state have programmatic requirements for MWDBE participation?
ODOT has an overall Disadvantaged Business Enterprise Goal of 11.6% Disadvantaged Business Enterprise usage, which has been approved by the Federal Highway Administration within 49 CFR §26.45.
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?
Oregon is a Miller Act compliant market, and therefore requires payment and performance guarantee security for public works projects.
For what types of financing programs are P3 projects eligible?
The relevant law permits local/state/federal funds to be combined with private sector funds on a P3 project, and specifically includes eligibility for TIFIA.
What project types or asset classes are eligible for P3s in this state?
Transportation and tollway projects, and includes a provision for research & development (demonstration) projects. P3s for planning, acquiring, financing, developing, designing, construction and reconstruction, replacement and improvement, maintenance and repair, and management, leasing and operation of transportation projects in any mode.
Are there projects where the P3 procurement method has been applied?
City of Gresham, Oregon, in partnership with Veolia North America developed the Gresham Wastewater Treatment Plant.