| No. |
Issue: |
Short Answer: |
Sample Provision: |
| 1. |
Does the relevant law allow solicited and unsolicited proposals for PPP projects? |
Yes. |
§48:2084B. allows a private entity to submit an unsolicited proposal after receiving approval from the authority. |
| 2. |
Does the relevant law permit local/state/federal funds to be combined with private sector funds on a PPP project? |
Yes. |
§48:2084.7. |
| 3. |
Who has rate-setting authority to impose user fees and under what circumstances may they be changed or otherwise reviewed? |
The private entity. |
§48:2084.5D. The private entity determines user fees, but they must be approved by the transportation authority. |
| 4. |
Does the relevant law permit TIFIA loans to be used on PPP projects? |
Yes. |
§48:2084.7B allows TIFIA loans to be used on PPP projects. |
| 5. |
Is the number of PPP projects limited to only a few "pilot" or "demonstration" projects? |
No. |
§48:2084.4. |
| 6. |
Are there restrictions concerning the geographic location of PPP projects? |
No. |
§48:2084.4. |
| 7. |
Are there restrictions concerning the particular mode of transportation eligible to be developed as a PPP project (e.g., truck, passenger auto, freight rail, passenger rail)? |
Yes. |
§48:2084.14 allows PPPs to involve multimodal transportation facilities. §2084.5 allows port facilities to be subject to PPP act under certain conditions. |
| 8. |
Is there a legal requirement to remove tolls after the repayment of project debt? |
No. |
|
| 9. |
Does the relevant law permit the conversion of existing or partially constructed highways into toll roads? |
Yes. |
§48:2048A allows existing highways to be converted to toll roads only if the highway is improved or expanded. |
| 10. |
Is there a restriction that prevents the revenues from PPP projects from being diverted to the state's general fund or for other unrelated uses? |
No. |
|
| 11. |
Is prior legislative approval required when an individual PPP proposal is received? |
Yes. |
§48-2084A requires the authority to submit a proposal to the House and Senate Committees on Transportation, Highways, and Public Works. |
| 12. |
Are there any similar requirements that subject the PPP proposal or the negotiated PPP agreement to a local veto? |
No. |
However, under §48:2084.3, the local jurisdiction has 60 days to submit comments. |
| 13. |
Does the relevant law permit all kinds of procurements for PPP project delivery? These might include, for example, calls for projects, competitive RFQ and RFPs, qualifications review followed by an evaluation of proposer concepts, use of design build, procurements based on financial terms such as return on equity rather than on price, long-term asset leases for some period of up to 60 years or longer from the time operations commence? |
Yes. |
§48:2084.2 requires the authority to adopt procurement guidelines. §48:2084.13 provides for specific procurement procedures for PPP projects. |
| 14. |
Are there explicit exemptions/supplemental procurement authority from the application of the state's general procurement laws? |
No. |
|
| 15. |
Does the relevant law authorize the public sector to grant long-term leases/franchises for the construction, operation and maintenance of toll facilities? |
Yes. |
§§48:2084.4 and 2084.5B. |
| 16. |
Does the public sector have the authority to issue toll revenue bonds or notes? |
Yes. |
§48:2084.7allows the authority and private entity to issue debt. |
| 17. |
Does the public sector have the authority to form nonprofits and let them issue debt on behalf of a public agency? |
No express provision. |
|
| 18. |
Does the relevant public agency have the authority to hire its own technical and legal consultants? |
No express provision. |
|
| 19. |
Does the relevant law permit the public sector to make payments to unsuccessful bidders for work product contained in their proposals? |
No. |
|
| 20. |
Can the agency charge application fees to offset its proposal review costs? |
Yes. |
§48:2084B and C. |
| 21. |
Does the relevant law allow adequate time for the preparation, submission and evaluation of competitive proposals? Note that the agency should have the authority to establish these deadlines on a case-by-case basis depending on the complexity and scope of the initial proposal or other factors that might promote competition (e.g., more review time during holiday periods). |
Yes. |
§48:2084. Competitors have 90 days after advertisement to submit competing proposals to an unsolicited bid. §48:2084.2 allows the authority to set and accelerate timelines for selecting proposals. |
| 22. |
Is the public sector required to maintain comparable non-toll routes when it establishes new toll roads? |
No. |
|
| 23. |
Are there any non-compete clause prohibitions? |
No. |
|
| 24. |
Is the authority to enter into PPPs restricted to the state DOT or state turnpike authority or may regional or local entities also do so? |
Restricted. |
Limited to the Louisiana Transportation Authority. |
| 25. |
Does the relevant law specify evaluation criteria for PPP proposals received under a given procurement approach? |
Yes. |
§48:2084D. |
| 26. |
Does the relevant law specify the structure and participants for the review process involving PPP proposals? |
Yes. |
§48:2084B identifies the items that must be submitted with the proposal, the criteria for selection, and participants in the review process. |
| 27. |
Does the relevant law protect the confidentiality of PPP proposals and any related negotiations in the period prior to execution of the PPP agreement? |
Yes. |
§48:2084F requires the authority to protect trade secrets and other private information. |
| 28. |
Does the relevant law provide for the ability of the public sector to outsource long-term operations and maintenance and other asset management duties to the private sector? |
Yes. |
§48:2084.5 requires the private entity to maintain or contract with another party to maintain the facility. |
