State Survey of P3 Authorizing Statutes: Delaware

Del. Code Ann. §§ 2-2001 to 2012

Summary

The law authorizes P3s for transportation projects. The Secretary of Transportation is authorized to enter into agreements with private entities to study, plan, design, construct, lease, finance, operate, maintain, repair, and/or expand transportation systems.

No surety bond language.

DE Ch. 59, Vol. 81, Sec. 167

Summary

Authorizes the DE DOT to enter into P3s for the construction of the Wilmington Transit Center. As enacted, the bill expands upon DE P3 laws.

Excerpt:

As enacted, the bill expands upon DE P3 laws but does not reference Del. Code Ann. § 29-6962, DE’s LMA. No excerpt relating to performance and payment bonds.

Del. Code. Ann. Title 22 Chapter 6, §670; Title 22, Chapter 1, §117

Summary

Establishes the Office of Public-Private Partnerships (Office) for the procurement and administration of P3s for transportation facilities and virtually any public building or facility. The law provides that parties to a P3 agreement are exempted from the Procurement Practices Reform Act of 2010, but the exemption does not apply to the bonding requirements. The law also provides that the P3 agreements must include requirements for performance and payment bonds or other security and risk-mitigation tools that the Office deems suitable. Recently adopted regulations provide that the bonds are for the design and construction portion of the P3.

No surety bond language.

HCR 76

Summary

Authorizes the DE DOT to enter into P3s for the construction of the Wilmington Transit Center. The resolution provided the legislature’s approval of the proposed final agreement or transaction between the Diamond State Port Corporation and GT USA Wilmington, LLC, as required under existing law. The resolution authorizes the Diamond State Port Corporation Board of Directors to enter into a lease for an up to 50-year concession to operate the Port of Wilmington and Edgemoor under the terms outlined in the resolution.

No surety bond language.

Del. Code Ann. §29-7503

Summary

Section 16 of this bill establishes the Court Modernization Projects. (a) It is the intent of the General Assembly that a thirteen-member review committee be created to evaluate P3 and traditional financing options as they relate to the construction of a new Family Court courthouse in Kent County, a new Family Court courthouse in Sussex County, and the renovation and expansion of the Leonard L. Williams Justice Center in New Castle County.

Section 156 states that the Appoquinimink School District is authorized to enter into a public-private initiative for the design, construction, operation, maintenance, and repair of an aquatics complex on a portion of the District’s Fairfield Campus.

No surety bond language.