SUMMARY OF P3 LEGISLATIVE STATUS:
P3-enabled for municipal facilities.
Does this state have broadly enabling P3 legislation?
Statutory authority allows for the construction, improvement, rehabilitation, operation, management and ownership of a fee-based facility.
Does the state allow for unsolicited proposals?
State procurement guidelines do allow for the receipt and consideration of unsolicited proposals for eligible assets classes.
What is the P3 contract approval authority?
Determined by resolution of the governing body of public authorities.
What is the state's P3 procurement process?
§48-02.1-12(2) requires projects that do not involve contractor ownership to be subject to all competitive bidding and procurement requirements applicable under state and local laws, rules and ordinances for the construction, improvement, rehabilitation, operation and management of fee-based facilities.
Does the state have resources dedicated to P3s?
The authority relates to public authorities, which include the state (subject to legislative authority), a county, township or city.
Is this a Home Rule state, with limitations or opportunities for P3?
North Dakota employs Dillon's Rule to all municipalities; which allows the legislature to control local government structure, methods of financing its activities and procedures.
Does this state have programmatic requirements for MWDBE participation?
Statutory authority does not specifically address MWDBE participation, except there is an understanding that any funding or financing received from the Federal government programs requires compliance with DBE participation mandates.
Does this state have programmatic requirements for labor participation?
Each public-private partnership project shall be subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
Payment and performance guarantees are governed by the state’s little Miller Act, which requires security for all public works endeavors in the design and construction phases.
For what types of financing programs are P3 projects eligible?
Explicitly allows combination of local, state, federal and/or private funds for P3s.
What project types or asset classes are eligible for P3s in this state?
Construction, improvement, rehabilitation, operation, management and ownership of a fee-based facility.
Are there projects where the P3 procurement method has been applied?
Design+Build is limited in application in the state, and although P3 procurement can be applied, this method has yet to be used to deliver a public works project, outside of military housing P3s.