- Briefing Room
This guide presents key concepts for the structuring and development of legal contracts for availability payment-based highway P3s. It is part of a broader effort by FHWA to promote understanding of P3 transactions, which includes the Core Toll Concessions P3 Model Contract Guide. This guide is designed to provide industry-standard concepts, relevant common tools and mechanisms, and situational examples applicable to availability payment-based P3 transactions, and follows a structure similar to the guide on toll concessions.
This chapter on Labor Best Practices is recommended by the U.S. Department of Labor, and discusses labor provisions recommended by the U.S. Department of Labor for all P3 concession agreements, following a collaboration with U.S. DOT, regardless of source of funding (federal, state, or private) or form of compensation (user tolls or availability payments).
This addendum to the Core Toll Concessions Contract Guide adds 20 chapters to the Core Guide's 8 chapters.
This Guide presents key concepts for the structuring and development of legal contracts for highway transportation P3s in the U.S. Required of FHWA by the MAP-21 transportation authorization legislation, the Guide illustrates how P3 contracts are developed and structured and explains their major provisions. The Guide is part of a broader effort by FHWA to promote understanding of P3 transactions, which includes a parallel document on availability payment contracts used in some P3 transactions. This Guide is designed to provide industry-standard concepts, relevant common tools and mechanisms, and situational examples applicable to P3 transactions.
This document provides a summary of FHWA's responses to the 133 comments it received on the draft Core Toll Concessions Model Contract Guide it published on February 6, 2014, as well as further clarifications made to the final version of the Guide. The majority of the comments focused on the terms of the concession agreement presented in the Guide including terms relating to tolling regulation, benefit sharing, supervening events, changes in equity interest, changes in law, defaults, early termination, and handback. A minority of comments addressed the desirability of P3s as a matter of public policy.
MAP-21 required FHWA to develop standard model P3 contracts for the development, financing, construction, and operation of transportation facilities. On January 16, 2013, FHWA held a listening session for public project sponsors, consultants, private sector contractors, financing institutions, union representatives, concessionaires, and other organizations involved in project development; and members of the general public to provide input as it initiated development of these contracts. Topics discussed included: the design of the model contract template; the scope of the model contracts; and specific provisions included in the model contracts.