Recommendations for Inclusion of Surety Bonding Requirements in Implementing Regulations for WIFIA Arrangements – 08/01/2016

Thank you for meeting with NASBP and SFAA on Thursday, June 30 to consider our recommendations for bonding requirements for public-private partnerships (P3s) established under Title V of the 2013 Water Resources Development Act (WRDA) and in particular Subtitle C of the Act (Sec. 5021), which establishes an innovative financing mechanism known as the Water Infrastructure Financing and Innovation Act (WIFIA). Section 5014 of WRDA creates the water infrastructure public-private partnership (P3) pilot program, which mandates all applicable federal laws are to be adhered to, which includes the federal Miller Act. There is no specific provision that the federal Miller Act bond requirements apply to WIFIA in Section 5021. Based upon the reasons set forth below, we ask that the EPA provide clarity on this point by requiring bonds of entities performing construction in the interim final rules implementing WIFIA arrangements.

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