Transportation project procurement using P3s|alternative project delivery methods.

Does this state have broadly enabling P3 legislation?

Washington Dept. of Transportation has authority to conduct procurements using P3s.

Does the state allow for unsolicited proposals?

Washington’s procurement processes allow for the submission of unsolicited proposals. Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. The commission may not accept or consider any unsolicited proposals before July 1, 2018.

What is the P3 contract approval authority?

§47.29.060 requires legislative approval to finance a project through revenue bonds and for the use of user fees; §47.29.230 requires legislative approval for the expenditure of money in the transportation innovative partnership account.

What is the state's P3 procurement process?

An evaluation is required to compare WSDoT's internal ability to complete a project that documents advantages of completing the project as a partnership versus solely as a public venture; including such factors as priority, cost, risk sharing, scheduling, and management conditions.

Does the state have resources dedicated to P3s?

WSDoT: Washington Department of Transportation.

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 legislature to control local government structure, methods of financing its activities, its procedures and the authority to undertake specific functions.

Does this state have programmatic requirements for MWDBE participation?

Washington State has a “Minority, Small, Veteran and Women’s Business Enterprise Program” whose primary objective is to increase M/S/V/WBE participation on WSDOT’s contracting and procurement activities.

Does this state have programmatic requirements for labor participation?

§47.29.200 requires the use of prevailing wages. §47.29.140 requires consistency with collective bargaining agreements.

Does this state have programmatic requirements for performance security?

Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).

For what types of financing programs are P3 projects eligible?

Subject to the limitations, WashDoT, in connection with the evaluation of eligible projects, consider any financing mechanisms through which a project may be financed in whole or in part with: proceeds of grant anticipation revenue bonds; grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available under the Transportation Infrastructure Finance and Innovation Act; or infrastructure loans or assistance from the state infrastructure bank.

What project types or asset classes are eligible for P3s in this state?

Transportation projects, and facilities, structures, operations, properties, vehicles, or vessels that are developed concurrently with eligible transportation project and that are capable of providing revenues to support financing of an eligible transportation project.

Are there projects where the P3 procurement method has been applied?

The Transportation Innovative Partnerships Act makes all transportation projects of all modes eligible for development as a P3, administered by WSDoT and overseen by the Washington State Transportation Commission. Since its passage, no P3 projects for toll facilities have been undertaken. Only small, non-tolled projects have advanced under the current program.