Public-Public Partnerships February 27, 2012

2012 ADC WINTER FORUM | PAGE 2 Public – Public Partnerships Boot camp for Defense Communities Craig Zgabay February 27, 2012

2012 ADC WINTER FORUM | PAGE 3 P4 Toolbox – Discussion Topics  Scope  Legal Authorities  Process  Final Thoughts

2012 ADC WINTER FORUM | PAGE 4 P4 Scope  Facilities  Land Use  Utilities / Energy  Emergency Services  Environmental  Transportation  Education  Workforce  Others  Federal Government  State Government  Local Government  Economic Development Groups  Industry  Utilities  Higher Education  Others Potential Functional AreasPotential Stakeholder Groups

2012 ADC WINTER FORUM | PAGE 5 Legal Authorities 1.Title 10 U.S.C – Allows DoD organizations to enter into agreements for shared energy savings services. 2.Title 10 U.S.C – Allows DoD organizations to lease non-excess property for non- defense uses in return for cash or in-kind services (Enhanced Use Leasing). 3.National Defense Authorization Act for FY 1995 – Demonstration legislation allowing DoD “assets” in Monterey County, California to acquire municipal services from government agencies located in that county. 4.National Defense Authorization Act for FY Permanent legislation allowing DoD “assets” in Monterey County, California to acquire municipal services from government agencies located in that county. 5.DoDD – Directive permitting operation of financial institutions on DoD installations U.S.C. 6305/10 U.S.C. 2371/15 U.S.C. 3710a – Cooperative Research and Development Agreements allowing for use of federal property and materials by non-federal government organization (public or private) for joint research purposes. 7.National Defense Appropriations Act of 1940 – paved the way for 1 st government-owned, contractor-operated ordnance plant (GOCOs) U.S.C – Permits Cooperative Agreements. Authorities under which partnering (P4) may and has occurred include:

2012 ADC WINTER FORUM | PAGE 6 Legal Authorities 9.10 USC 2684a – Permits DoD to enter into agreements to address the use or development of real property in the vicinity of a military installation or military airspace (REPI) USC 2694a – Permits DoD to convey surplus real property for conservation purposes U.S.C – Permits DoD to acquire a facility or addition to an existing facility through an exchange with a State, local government or private entity U.S.C (expired) – Permits DoD to convey real property at military installations to support military construction, or land acquisition to limit encroachments U.S.C – Permits federal agency to lend use of its lab facilities to state and local governments, and educational institutions to increase likelihood of success of activities conducted jointly with small businesses U.S.C – Permits DoD to loan, or to transfer surplus material and equipment, to educational institutions and certain nonprofits dedicated to improving science, mathematics and engineering education (U.S. locations only) U.S.C. 2539b – Permits DoD to make available to any person or entity, at an appropriate fee, the services of any Government laboratory, or sell, rent, lend or give samples for research purposes U.S.C – Permits DoD to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, charging at least enough to cover all direct costs incurred in rendering test or evaluation. Authorities under which partnering (P4) may and has occurred include:

2012 ADC WINTER FORUM | PAGE 7 Legal Authorities - Example  Title 10 U.S.C – Allows DoD organizations to lease non- excess property for non-defense uses in return for cash or in-kind services (Enhanced Use Leasing). “... the Secretary is authorized to accept improvements, maintenance, protection, repair or restoration of the property by the lessee in payment of all or part of the consideration for the lease.”10USC 2667 (b)(5)

2012 ADC WINTER FORUM | PAGE 8 Legal Authorities - Example  Create your own Special Legislation  Sec 816 National Defense Authorization Act for FY95 Demonstration Project on purchase of fire, security, police, public works, and utility services from local government agencies - 8/12/94

2012 ADC WINTER FORUM | PAGE 9 Legal Authorities - Example

Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Opportunity Concepts Workforce Education Transportation Environmental Emergency Services Utilities / Energy Land Use Facilities Potential P4 Focus Areas Prioritize Costs & Benefits / Negotiations Financial & ROI Legal & Political Physical Intangibles Risk Others Term Sheets Contracts Inter-Service Support Agreements (ISSA) Leases Cooperative Agreements Inter-Governmental Support Agreements Power Purchase Agreements Others Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Identification & Screening Methodology Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Funding Land &/or Facilities Utilities Knowledge/People Equipment Assess Goals Estimate Resources Identification & Screening Methodology Revenue Enhancement Cost Reduction Mission Enhancement Risk Reduction Job Creation Others Funding Land &/or Facilities Utilities Knowledge/People Equipment Others Assess Goals Estimate Resources Federal Government Other Stakeholders (Higher Ed, Utilities, Etc.) Industry Economic Development Groups State / Local Government Process

2012 ADC WINTER FORUM | PAGE 11 Final Thoughts… I know the organizations that need to be involved I understand the process & how to start I know my legal tools I know where my capacities are and my resource contributions I know what I want and need from a partnering agreement What else am I missing?

2012 ADC WINTER FORUM | PAGE 12 Final Thoughts…  See the Big Picture  Problem Solvers  Expand-the-Pie Mindset  Creative  Innovative  Great Communicators  Win-Win Negotiators  Long-Term Thinkers The “Partnering” People I know the attributes to the individuals who will drive effective partnering agreements