SUMMARY OF P3 LEGISLATIVE STATUS:
Illinois allows for P3 procurements for transportation infrastructure projects.
Does this state have broadly enabling P3 legislation?
Current statutory authority does allow for P3s applied to transportation infrastructure projects (horizontal, heavy civil).
Does the state allow for unsolicited proposals?
There is no provision for the receipt or review of unsolicited proposals.
What is the P3 contract approval authority?
Joint resolution is required by the legislature before an RFP can be issued.
What is the state's P3 procurement process?
According to state procurement guidelines, as determined by the Chief Procurement Officer, prequalified private entities who would be eligible for bidding, with sealed bid evaluation of solicited proposals.
Does the state have resources dedicated to P3s?
Dedicated P3 office and staff within the Illinois Department of Transportation (for most transportation projects) (Municipalities have authority over their bridges).
Is this a Home Rule state, with limitations or opportunities for P3?
Illinois is a Home Rule state, and many of its larger municipalities have broad governmental authority. This can allow procurement flexibility for a wide range of infrastructure assets (as noted for bridges within city limits).
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for transportation projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Compliance with Federal prevailing wage laws is required based on source of funds (e.g., David-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?
The transportation agency may take any action to obtain federal, State, or local assistance for a transportation project that may include the proceeds of a grant or loan, line of credit, or loan guarantee made by a local, State, or federal government or any agency or instrumentality of a local, State, or federal government, as well as federal credit assistance pursuant to the Transportation Infrastructure Finance and Innovation Act (TIFIA).
What project types or asset classes are eligible for P3s in this state?
The State’s transportation network, including highways, as well as bridges within municipal (i.e., city) limits, and high-speed rail and maglev transportation projects.
Are there projects where the P3 procurement method has been applied?
Studies for I-55 Express Toll Lanes (ETL), High Occupancy Vehicles (HOV) lanes, High Occupancy Toll (HOT) lanes, Congestion Priced lanes, or other feasible managed lane configurations. Illiana project cancelled by Governor in 2015.