SUMMARY OF P3 LEGISLATIVE STATUS:
Transportation-enabled for public private partnership procurement.
Does this state have broadly enabling P3 legislation?
Comprehensive transportation authority for alternative project delivery. There are no provisions for P3 authority for either municipal facilities or environmental projects.
Does the state allow for unsolicited proposals?
Arizona does allow for the receipt, review and consideration of unsolicited proposals for transportation initiatives in support of the needs of the Arizona transportation system.
What is the P3 contract approval authority?
Agency with jurisdiction.
What is the state's P3 procurement process?
Competitive bids, best value basis. Must conduct sealed bid and selection process for both solicited and unsolicited proposals. AZ §28-7705(A) lists required P3 provisions.
Does the state have resources dedicated to P3s?
Dedicated office and staff within ADoT: Arizona Department of Transportation to support P3s.
Is this a Home Rule state, with limitations or opportunities for P3?
Arizona applies Dillon's Rule to all municipalities; which allows state legislature control over local government (counties and municipalities), methods of financing its activities, its procedures and the authority to undertake P3 procurements.
Does this state have programmatic requirements for MWDBE participation?
ADOT is conducting a combined race-conscious and race- and gender-neutral DBE program on FHWA projects. ADOT's current overall FHWA DBE goal is 7.76 percent (5.08 percent of which is race-conscious and 2.68 percent of which is race-neutral).
Does this state have programmatic requirements for labor participation?
Davis-Bacon stipulates prevailing wage requirements.
Does this state have programmatic requirements for performance security?
Sources of funds mandate compliance with provisions related to payment and performance security guarantees (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
AZ law permits state and local and Federal funds to be combined with private sector funds, specifically Federally-supported borrowing such as via the Transportation Infrastructure Finance and Innovation Act (TIFIA) program and Private Activity Bonds (PABs) as part of a public-private partnership agreement.
What project types or asset classes are eligible for P3s in this state?
Transportation-related, including rest areas along Interstate highway corridors.
Are there projects where the P3 procurement method has been applied?
ADoT Rest Area Maintenance; South Mountain Freeway; and Flagstaff Facility. Additional projects under consideration or in procurement: Freeway lighting upgrade; Stormwater pump system rehabilitation; ADOT renovation and new building program; SR 189 and Nogales; and “The Spine” (I-10 | I-17 improvements in downtown Phoenix).rnPHX Sky Harbor Airport issued a RFI for a parking P3. Valley Metro / City of Phoenix is known to be considering a P3 for a transit extension project.