SUMMARY OF P3 LEGISLATIVE STATUS:
Enabled for P3 procurements for transportation assets.
Does this state have broadly enabling P3 legislation?
Pennsylvania is authorized to procure using P3s for transportation infrastructure projects, in accordance with Title 74, Part V, Chapter 91.
Does the state allow for unsolicited proposals?
PennDoT statutory authority does allow for submission and consideration of unsolicited proposals for P3s infrastructure projects.
What is the P3 contract approval authority?
Any state agency, commission or authority with transportation facilities; all projects must be approved prior to procurement by the Public-Private Transportation Partnership Board. §9104 allows the General Assembly to pass a concurrent resolution rescinding approval of a project. Such resolution must be passed within 20 days or nine legislative days, whichever is longer, or else the project is deemed approved.
What is the state's P3 procurement process?
Dual-tier for both solicited and unsolicited (shortlist, then detailed proposal). Must conduct sealed bid and selection process for solicited and unsolicited proposals. Public-Private Transportation Partnership Board includes provisions for Pre-Development Agreements.
Does the state have resources dedicated to P3s?
PennDoT's Public Private Partnerships Office for state-level transportation projects. Also, eligible for county or regional authorities.
Is this a Home Rule state, with limitations or opportunities for P3?
This state employs Dillon's Rule to all municipalities; which allows the state’s legislature to control local government structure, methods of financing its activities, procedures and the authority to undertake certain procurement functions.
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?
Prevailing wages requirements are in-place for public works projects, including P3s.
Does this state have programmatic requirements for performance security?
Pennsylvania's Little Miller Act is found in Pennsylvania Statutes Title 8, Chapter 13. A P3 agreement must include requirements for a private development entity to provide performance and payment bonds, parent company guarantees, letters of credit, or other acceptable forms of security in an amount acceptable to the public entity.
For what types of financing programs are P3 projects eligible?
The Pennsylvania Department of Transportation and its partners may combine Federal, State, local and private funds to finance a public private transportation project. This includes access to TIFIA and PABs, as appropriate.
What project types or asset classes are eligible for P3s in this state?
Are there projects where the P3 procurement method has been applied?
Pennsylvania Rapid BRidgesReplacement project. Northampton County - regional bridges replacement.