SUMMARY OF P3 LEGISLATIVE STATUS:
Project-specific highway projects are enabled P3 procurment authority.
Does this state have broadly enabling P3 legislation?
The state’s p3-enabling statute permits a pilot phase for the evaluation of alternative project delivery methods, with specific eligibility for highway (transportation) projects.
Does the state allow for unsolicited proposals?
There are no provisions for the acceptance or review of unsolicited proposals.
What is the P3 contract approval authority?
§17-27-9(h) requires the commissioner of highways to submit a copy of each comprehensive agreement to the Joint Committee on Government and Finance.
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 West Virginia.
Does the state have resources dedicated to P3s?
Division of Highways is lead agency for pilot P3s.
Is this a Home Rule state, with limitations or opportunities for P3?
Dillon's Rule appears to have been abolished in 1969 Municipal Code, §7, Article 1. WVa has conducted a home rule pilot program which is due to stop by the middle of 2019.
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Labor: 6 §17-27-16 requires agreements to be subject to state labor statutes. 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?
§17-27-10 permits the use of federal assistance and the use of proceeds of a grant or loan made by the federal government; including TIFIA.
What project types or asset classes are eligible for P3s in this state?
Explicitly allows the conversion of existing roads to toll roads. Allows P3s for both existing and new facilities.
Are there projects where the P3 procurement method has been applied?
There have been Design + Build procurements, there have yet to be P3 procurements.