SUMMARY OF P3 LEGISLATIVE STATUS:
Not specifically enabled for P3s through statutory authority.
Does this state have broadly enabling P3 legislation?
Rhode Island is not currently authorized, by statute, to perform P3s applied to transportation infrastructure projects. There are projects which have been developed under procurement code: 37-2-39.
Does the state allow for unsolicited proposals?
What is the P3 contract approval authority?
Agency of jurisdiction.
What is the state's P3 procurement process?
Rhode Island Department of Transportation (RIDOT) is required to use a competitive bidding process for all construction contracts, and the lowest bid that falls within the project specifications and budget is typically selected.
Does the state have resources dedicated to P3s?
Rhode Island Dept. of Transportation, for transportation-related and capital improvement plans. Other agency involvement has been the subject of interim studies (commissioned by legislature). These include: RI Public Transit Authority, RI Turnpike and Bridge Authority, and RI Airport Corporation.
Is this a Home Rule state, with limitations or opportunities for P3?
Rhode Island employs Dillon's Rule to all municipalities; which allows the state legislature to control local government structure, methods of financing its activities, its procedures and the authority to undertake certain functions.
Does this state have programmatic requirements for MWDBE participation?
DBE (MWDBE) regulations have been approved and established by the Director of Administration pursuant to R.I. Gen. Laws §§ 37-14.1-6, 37-14.1-7, and 37-2.2-3.1. RIDoT is exempt from those, but has published their own specific guidelines. Their compliance is directly tied to funding compliance mandates associated with FHWA funding.
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?
Rhode Island's Little Miller Act is found in RI General Laws, Title 37, Chapter 37-12., relating to payment & performance security requirements.
For what types of financing programs are P3 projects eligible?
RIDoT draws heavily upon (100% of the capital improvements budget) the USDOT's Federal Highway Administration (FHWA). While they do not currently have P3-enabling procurement authority, they are eligible for funding from Federal sources.
What project types or asset classes are eligible for P3s in this state?
As the state is not currently enabled through statute to exercise P3s, there are no asset classes defined as eligible.
Are there projects where the P3 procurement method has been applied?
Municipal facilities and academic buildings have been the sector where any "partnerships" have been executed which have any combination of phases that include: design, construction, finance, operations or maintenance.