SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly-enabled for P3 procurements for public infrastructure.
Does this state have broadly enabling P3 legislation?
North Carolina’s statutory authority allows for alternative project delivery for transportation, municipal facilities and environmental projects.
Does the state allow for unsolicited proposals?
The state’s procurement guidelines and statutory authority does not allow for the receipt and consideration of unsolicited proposals. NCDOT does, however, have policies allowing for and governing the acceptance of unsolicited proposals.
What is the P3 contract approval authority?
Agency of jurusdiction.
What is the state's P3 procurement process?
Competitive, multi-stage review and approval of procurements for eligible projects.
Does the state have resources dedicated to P3s?
Authority for procurement of public work is vested in the responsible public agency, at either the state, county or municipal level, as applicable.
Is this a Home Rule state, with limitations or opportunities for P3?
North Carolina is a limited ‘home rule’ state; therefore, requires legislative approval or authority to pursue projects which involve public funds (i.e., through state budget). Dillon's Rule applies.
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Davis-Bacon Act compliance stipulates prevailing wage requirements for specified labor categories and skill sets.
Does this state have programmatic requirements for performance security?
NC ST 136-18 (39a) b - applies to projects under the purview of the NC Board of Transportation. The Board has some discretion is altering the requirements for payment and performance security requirements. NC ST 143-128.1C (non-transportation P3s) requires a payment bond from a surety company in the amount 100% of the total anticipated construction cost.
For what types of financing programs are P3 projects eligible?
Responsible public agencies (procurement authorities) may draw upon financing resources, including TIFIA, PABs, and WIFIA, to provide additional leverage for financial stability of a project procured through a P3 with private capital investment.
What project types or asset classes are eligible for P3s in this state?
Transportation projects on NCDOT's Transportation Improvement Plan or other mutually adopted transportation plan (i.e., regional transportation or regional mobility capital improvement plans). A P3 project is defined as: “A capital improvement project undertaken for the benefit of a governmental entity and a private developer pursuant to a development contract that includes construction of a public facility or other improvements, including paving, grading, utilities, infrastructure, reconstruction, or repair, and may include both public and private facilities.”
Are there projects where the P3 procurement method has been applied?
I-77 Express Lanes (north ofCharlotte, NC). North Carolina Turnpike Authority: Mid-Currituck Project