SUMMARY OF P3 LEGISLATIVE STATUS:
Enabled for transportation procurement utilizing P3s.
Does this state have broadly enabling P3 legislation?
Authorized to conduct P3 procurements for transportation infrastructure projects.
Does the state allow for unsolicited proposals?
There are no provisions within the statutory authority for P3s in South Carolina which address the receipt or consideration of unsolicited proposals.
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 South Carolina.
Does the state have resources dedicated to P3s?
SCDoT: South Carolina Department of Transportation is the lead agency for P3 procurements.
Is this a Home Rule state, with limitations or opportunities for P3?
South Carolina is a limited ‘home rule’ state; therefore, requires legislative approval or authority to pursue projects which involve public funds through state budget. Dillon's Rule applies.
Does this state have programmatic requirements for MWDBE participation?
There are no specific programmatic mandates which govern inclusion or diversity. Any funding from external sources, including Federal funding, would dictate participation (e.g., DBE) requirements.
Does this state have programmatic requirements for labor participation?
Davis-Bacon Act governs prevailing wage for applicable labor categories.
Does this state have programmatic requirements for performance security?
State statutory authority for P3s does not contain any bonding requirements which differ from the state’s Little Miller Act.
For what types of financing programs are P3 projects eligible?
Authorizes SCDoT to expend such funds as it deems necessary to enter into partnership agreements with private entities to finance, by tolls and other methods, the cost of acquiring, constructing, equipping, maintaining and operating highways, roads, streets and bridges in the state. SCDoT may combine Federal, State, and private funds to finance a public-private transportation project. It should be noted that TIFIA loans are not specifically identified as such a financing resource.
What project types or asset classes are eligible for P3s in this state?
Highways, roads, streets and bridges, as well as turnpike facilities.
Are there projects where the P3 procurement method has been applied?
There have not yet been any P3 procurements for public works infrastructure in South Carolina.