SUMMARY OF P3 LEGISLATIVE STATUS:
Massachusetts is a transportation P3 state.
Does this state have broadly enabling P3 legislation?
P3-enabling statutory authority is specific to the State’s Department of Transportation.
Does the state allow for unsolicited proposals?
Statutory authority does allow for the receipt and review of unsolicited proposals.
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
2-step procurements and prequalify bidders through RFQ process; short-list proposers; pay stipends to proposers; engage in discussions with proposers; make selection of preferred bidder based on factors determined to be most advantageous (includes price and other evaluation criteria established in the RFP); state relative importance of key proposal characteristics; and maintain confidentiality of proposers for proprietary information.
Does the state have resources dedicated to P3s?
MassDot - the Department of Transportation exercises authority over projects specifically enabled to be procured through public private partnerships.
Is this a Home Rule state, with limitations or opportunities for P3?
In general, a city or town in the Commonwealth can exercise a power or function through the approval of its legislative body (town meeting, city council or town council) and its voters. They can exercise any power through the adoption of an ordinance, by-law or charter that the state legislature has the authority to delegate.
Does this state have programmatic requirements for MWDBE participation?
Mandates for DBE inclusion are guided by Federally funded project provisions.
Does this state have programmatic requirements for labor participation?
Prevailing wages requirements are in-place for public works projects, including P3s.
Does this state have programmatic requirements for performance security?
Payment & performance guarantees are stipulated through Miller Act compliance.
For what types of financing programs are P3 projects eligible?
Private Activity Bonds (PABs) can be used by private partner; Federal funding and agreements can be used by MassDoT for a project (including TIFIA); private funding or property may be contributed; Combination of federal, state, local and private funding can be combined to fund a project.
What project types or asset classes are eligible for P3s in this state?
Transportation: may be used for a new or existing highway, road, bridge, tunnel ferry, airport, parking facility, seaport, rail facility or other transportation facilities.
Are there projects where the P3 procurement method has been applied?
Somerville’s Assembly Square, the new Orange Line stop of the MBTA. Umass dormitory and mixed-use developments. Boston Landing, a commuter rail station on the MBTA's Framingham | Worcester Line.