SUMMARY OF P3 LEGISLATIVE STATUS:
P3 procurement authority limited to transit facilities.
Does this state have broadly enabling P3 legislation?
The state has specific procurement authority for mass transit capabilities. There are no specific provisions for municipal facilities or environmental projects using alternative project delivery methods.
Does the state allow for unsolicited proposals?
Current statutory authority allows for submission and consideration of unsolicited proposals for P3s for eligible (e.g., mass transit) infrastructure projects.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Competitive, solicited bids, for traditional procurement practices.
Does the state have resources dedicated to P3s?
There is not a centralized agency which controls alternative project delivery.
Is this a Home Rule state, with limitations or opportunities for P3?
Tennessee is a Home Rule state, though Dillon’s Rule does not apply to all cities or counties.
Does this state have programmatic requirements for MWDBE participation?
While not related to P3 procurements, any funding covenants will stipulate compliance (i.e., DBE participation for Federal funding requirements).
Does this state have programmatic requirements for labor participation?
Davis-Bacon governs prevailing wage for applicable labor categories.
Does this state have programmatic requirements for performance security?
TN law requires payment and performance bonds in compliance with the DOT’s bonding law or a letter of credit for development or redevelopment of a project.
For what types of financing programs are P3 projects eligible?
Eligible state transit projects may apply for TIFIA financing support. 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?
The law authorizes Tennessee, counties and municipalities to enter into P3s for mass transit system projects: intended for shared passenger transport services to the general public, together with any building, structure, appurtenance, utility, transport support facility, transport vehicles, service vehicles, parking facility, or property needed to operate or provide connectivity to any other non-mass transit system infrastructure.
Are there projects where the P3 procurement method has been applied?
There have not yet been procurements utilizing P3s.