SUMMARY OF P3 LEGISLATIVE STATUS:
Does this state have broadly enabling P3 legislation?
P3 statutory authority is not currently enabled for transportation infrastructure, municipal facilities or environmental projects in Kansas.
Does the state allow for unsolicited proposals?
Kansas' current statutory authority does not restrict allowance for submission and consideration of unsolicited proposals for P3s.
What is the P3 contract approval authority?
Agency of jurisdiction.
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 Kansas.
Does the state have resources dedicated to P3s?
There is not currently identified a central agency or authority involved in procurement and management of P3 projects. The university system has authority for eligible asset class developments.
Is this a Home Rule state, with limitations or opportunities for P3?
Kansas is a Home Rule state, though Dillon’s Rule does not apply to cities or counties.
Does this state have programmatic requirements for MWDBE participation?
While not related to P3 procurements, any funding covenants will otherwise stipulate compliance with MWDBE participation (i.e., DBEs for Federally funded projects).
Does this state have programmatic requirements for labor participation?
Davis-Bacon governs prevailing wage for applicable labor categories.
Does this state have programmatic requirements for performance security?
The state legislature enacted Senate Bill 58 in 2017, which mandates payment and performance bonds on state public construction projects. This would require contractors to provide performance and payment bonds for a P3 for public construction projects exceeding $100,000. If a performance bond is not otherwise required under state law, a performance bond equal to the full contract amount will be required. The payment bond also must be equal to the full contract amount.
For what types of financing programs are P3 projects eligible?
State transportation projects may be eligible for TIFIA financing support, but there is no provision for private sector investment in public infrastructure. Water projects may be eligible for WIFIA financing support; but there is no comparable private investment provisions for water-related projects.
What project types or asset classes are eligible for P3s in this state?
There are no statutes declaring asset classes eligible for P3s in Kansas.
Are there projects where the P3 procurement method has been applied?
Kansas University has executed a mixed-use, campus living P3.