SUMMARY OF P3 LEGISLATIVE STATUS:
Early-adopter and national leader in revenue-risk P3-enabling legislation.
Does this state have broadly enabling P3 legislation?
The Commonwealth is broadly-enabled for revenue risk P3 procurements. The majority of market activity has been in the transportation sector, though does allow for alternative project delivery in municipal buildings and environmental facilities sectors.
Does the state allow for unsolicited proposals?
Procurement procedures and published guidelines do permit the receipt and review of unsolicited proposals for qualifying public works infrastructure projects.
What is the P3 contract approval authority?
Agency in jurisdiction. For VDOT, the Secretary MUST state, confirm and reconfirm that a project is “in the best interests of the public” as part of the review and approval process - to the Commonwealth Transportation Board.
What is the state's P3 procurement process?
Agency specific, with Guidelines having been promulgated. Requires dual-tier for both solicited and unsolicited (shortlist, then detailed proposal). Advisory Panel review for solicited and unsolicited. Must conduct sealed bid and selection process for solicited and unsolicited.
Does the state have resources dedicated to P3s?
At the State-level, VAP3 serves as the central review authority for Virginia’s Secretary of Transportation. For social infrastructure (i.e., municipal facilities and schools), PPEA serves this as the underlying authority. Local jurisdictions serve the review function for their specific needs.
Is this a Home Rule state, with limitations or opportunities for P3?
This state employs Dillon's Rule to all municipalities; which allows a state legislature to control local government structure, methods of financing its activities, its procedures and the authority to undertake functions.
Does this state have programmatic requirements for MWDBE participation?
Stipulations for minority-owned and disadvantaged business entities inclusion are tied to sources of funding compliance (i.e., DBE participation 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?
Funding resources mandate bonding provisions (i.e., Miller Act compliance) for public infrastructure works in the Commonwealth of Virginia.
For what types of financing programs are P3 projects eligible?
Funding and financing resources for public infrastructure procured through alternative delivery methods, including P3s, are allowed, and can draw upon and leverage these programs, including TIFIA, PABs, WIFIA, RRIF, as applicable. Local jurisdictions can also draw upon local, regional, county and state funds, as available, and combine with applicable Federal funding, as program mandates and guidelines allow.
What project types or asset classes are eligible for P3s in this state?
K-12 school/support facility; Recreational facility/stadium; College/University facilities; Utility/Telecommunications infrastructure; Technology infrastructure; Solid waste facilities / Waste-to-Energy projects; and transportation projects. Revenue risk. Not eligible for availability payment based repayments.
Are there projects where the P3 procurement method has been applied?
I-66; Elizabeth River Tunnels; 495 HOTLanes | 95 Express: are notable, successful P3s, ranging from contract negotiation thru completed construction and now operational.