SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly enabled statutory authority for P3 procurement
Does this state have broadly enabling P3 legislation?
The state’s procurement code authorizes state and local governmental entities to use P3s for public works projects. This includes transportation facilities, municipal buildings and environmental projects.
Does the state allow for unsolicited proposals?
The state’s procurement code does allow for the receipt and consideration of unsolicited proposals for qualifying infrastructure project types.
What is the P3 contract approval authority?
May require legislative approval (to convert existing roads to toll roads), as well as review by Transportation Commission (for tollways).
What is the state's P3 procurement process?
Requires requests for competing bids or other process for unsolicited proposals.
Does the state have resources dedicated to P3s?
Office of Public Private Partnerships within the state's Department of Transportation.
Is this a Home Rule state, with limitations or opportunities for P3?
Utah is a limited ‘home rule’ state, with no applicability of Dillon’s Rule.
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?
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?
The state’s little Miller Act is contained within the procurement code and requires 100% performance and payment bonds, with no specific bond threshold.
For what types of financing programs are P3 projects eligible?
There are no limitations imposed through the state’s procurement code that would restrict public agencies and their partners from combining Federal, State, local and private funds to finance public-private partnerships for transportation (i.e., TIFIA or PABs), water (i.e., WIFIA) or rail (i.e., RRIF) projects.
What project types or asset classes are eligible for P3s in this state?
The state’s procurement code authorizes state and local governmental entities to use P3s for public works projects. This includes transportation facilities (with approval required by the Transportation Commission and the legislature, for high occupancy toll lanes and additional lane capacity (i.e., managed lanes).
Are there projects where the P3 procurement method has been applied?
There have not been other alternative delivery procurements as of yet, including P3s.