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Virginia’s Public Private Partnership Law

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1 Virginia’s Public Private Partnership Law
Virginia Economic Developers Association Christopher D. Lloyd September 25, 2008

2 What is a Public Private Partnership?
What is it? - An alternative procurement tool that allows public entities to more efficiently develop infrastructure and achieve better value for the taxpayer - Vehicle to use design-build contracting practices - Leverage private sector expertise to meet public goals - Opportunity to foster innovative financing What it is NOT? - A panacea that resolves all procurement issues - A way to get something for nothing - Privatization

3 What is PPEA? Public Private Education Facilities and Infrastructure Act

4 Virginia’s PPEA Allows for solicited and unsolicited proposals to develop or operate a qualifying project A qualifying project is: education facility (public school and higher ed) equipment to enhance public safety and security at public buildings utility and telecommunications and other communications infrastructure recreational facilities Technology infrastructure, services, and applications any building or facility that meets a public purpose and is developed or operated by or for any public entity any improvements necessary or desirable to any unimproved locally- or state-owned real estate

5 PPEA Process Private entity secures confidentiality agreement for FOIA protection Private entity submits a conceptual proposal for review (qualifications and experience, conceptual schedule and cost, public benefit) Open competition period of not less than 45 days (no minimum for solicited projects) Public body determines whether or how to proceed If public body moves forward, asks for a detailed submission (accelerated process permitted) At this phase, schedule and price become locked in One proposer is elevated to the interim/comprehensive agreement stage

6 PPEA Success Stories New education facilities
State and regional correctional facilities Water and wastewater Public safety centers Information technology infrastructure IT services

7 Benefits of PPEA Delivery
Private sector participation permits use of tax credits and other financing vehicles that have no value to the public sector PPEA and design-build are nationally recognized procurement tools with accepted contract structures Allows for more local government participation in the procurement decision – not managed by a “one-off” entity Public disclosure requirements may insulate against criticism of closed door negotiations

8 PPEA Success Stories

9 NCPPP National Award

10 Stafford County Schools
Sale of land for Senior Living Center generates $2 million New YMCA – shared facilities Savings from shared utility infrastructure

11 Northrop Grumman IT/CGI
Multi-billion effort to modernize state IT systems New data center Enhanced ERP systems

12 Northrop Grumman IT/CGI
Support center built in SWVA community Created hundreds of high-tech jobs

13 Fredericksburg Parking Deck
Savings in land cost Community input in design during contract negotiations Guaranteed price – no change orders NCPPP Award Winner

14 THE END Business Expansion Services | Constituency Development | Economic Development | Federal Budgeting and Contracting Advice | Federal Legislative Assistance | Grassroots Contact Program | Issue Advocacy | PAC Consulting | Public Infrastructure Finance | Public-Private Partnerships | Referendum Campaigns | State Government Relations ATLANTA • BUCHAREST •CHICAGO • SPRINGFIELD • RALEIGH • RICHMOND • TYSONS CORNER • WASHINGTON, D.C.


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