Focus on: the P3s - Public-Private Partnerships
On July 5, Pennsylvania Governor Tom Corbett signed into law the “Pennsylvania P3 Act,” authorizing public-private partnerships (P3s) for transportation infrastructure projects in the state.
For your reference, here’s a roundup of recent updates regarding P3 legislation in Pennsylvania and around the country:
Pennsylvania Takes an Important Step Forward on Public-Private Partnerships (K&L Gates LLP):
“The General Assembly viewed the P3 legislation as a means to fund and promote transportation projects to help provide the estimated $3.5 billion per year additional investment needed for transportation infrastructure without relying exclusively on tax revenue to fund those projects. Whether Pennsylvania’s P3 legislation stimulates new transportation infrastructure projects remains to be seen, but the law provides some interesting new options to private and public parties seeking to develop transportation infrastructure in Pennsylvania.” Read on»
Pennsylvania Joins Growing List of States with P3 Legislation (Ballard Spahr LLP):
“Under [the law], public agencies will solicit bids for the development, financing, construction, and maintenance of transportation projects through public notices requesting proposals (RFPs). If a public entity desires to undertake a transportation project which has not previously been approved by the Board or authorized by law, it must first obtain the Board’s approval. Requests submitted to the Board may be solicited or unsolicited.” Read on»
Government Contracts and Construction Practices Alert: Maryland Public-Private Partnerships Senate Bill 358 (Fox Rothschild):
“To address Maryland’s current infrastructure deficiencies and budgetary challenges, the Maryland State Senate is currently considering Senate Bill 358, which proposes overhaul Maryland’s current Public-Private Partnership (P3) framework. Maryland currently has a significant need for public infrastructure improvements. If Senate Bill 358 is passed, Maryland will be able to more effectively utilize P3s to fund infrastructure improvements that it could not fund otherwise. It is estimated that the increased utilization of P3s could contribute up to $315 million to Maryland’s $3.1 billion annual capital budget and create up to 4,000 jobs.” Read on»
Contractor Payment Protections in Public Private Partnerships Under Nevada Law (Snell & Wilmer L.L.P.)
“Nevada is relatively new to P3s. While some municipalities have entered into P3 agreements for certain structures or other public facilities (such as the new city of Las Vegas City Hall project), there have been few roads or transportation facilities attempted because of public protection concerns among our political leaders. In fact, the first enabling statutes for these P3s were enacted only in 2011, and can be found in NRS 338.161, et seq. for ‘transportation facilities’ which expressly excludes toll road construction, and the Boulder City Bypass Toll Road Demonstration Project Act (BCBTRDPA), found as Chapter 478, Statutes of Nevada 2011.” Read on»
A Primer on Bid Protests in the US P3 Market (McKenna Long & Aldridge LLP):
“The first question that arises in a P3 transaction is what laws and regulations control the solicitation process being conducted by the government agency. Companies interested in P3s should become familiar with what specific laws must be incorporated into the solicitation according to controlling law of the jurisdiction such as prevailing wage laws, domestic or local preferences, bonding requirements, etc. Either failure to include mandatory contract clauses or including non applicable and restrictive provisions may be grounds for a protest against the solicitation.” Read on»
MAP-21 Passes Congress, Key Provisions on P3s (McKenna Long & Aldridge LLP):
“The final agreement directs the Secretary of Transportation to develop policies and procedures to address impediments to the use of P3s for transit projects. It also requires the Secretary to coordinate, promote and provide technical assistance to public transportation P3s and requires the development of guidance to ‘promote greater transparency and public access’ to P3 agreements involving federal assistance. Lastly, it calls for a nationwide study on the ‘contracting out’ of public transportation operations.” Read on»
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