Payments-Based Public-Private Partnerships (PPP): Public Benefit and Private Capital in 2015
Despite its fundamental importance in economic health, infra-structure in the United States has been very inadequately maintained and poorly funded. Political dysfunction, fiscal difficulties, technological complexity and size of contracts, and other issues are forcing a re-examination of financing approaches.
Partnerships between government agencies, private firms, banks, financiers, and the public are becoming more common. Such Public-Private Partnerships (PPP) are neither the ultimate solution for all projects nor an overt attempt to obtain corporate control of public funds. A PPP is a legally binding contract between a public sector entity and a private company, the concessionaire, in which the partners agree to share risks and benefits in funding and developing infrastructure projects.
Infrastructure PPPs are politically, economically, contractually, and technically challenging. However, in tax averse and politically grid-locked societies such as the United States, they can be appealing. Nevertheless, there are legitimate concerns voiced by the public and legislators including the role of private companies in managing public functions, such as prison services, traffic enforcement, and other ‘services’ that might be viewed as raising conflicts of interest.
Creating an effective, lasting, and accountable PPP requires sound legal contracts, competent public officials and skilled private expertise, the rational use of public funds, and strong cooperation among all parties in addition to the informed consent of the public.
The Knowledge Group has assembled a panel of key thought leaders to provide an over-view and discussion of the complex issues relating to Payments-Based Public-Private Partnerships (PPP). Panel members will offer their expertise and provide information to help design efficient PPP Contractual and Procurement Processes.
Key topics include:
- Fundamentals of Public-Private Partnerships (P3)
- Availability Payments-Based P3 Structure
- P3 Contractual Structures
- Design-Bid-Build (DBB)
- Design-Build (DB)
- Design-Build-Finance-Operate-Maintain (DBFOM)
- Best Practices in Structuring Procurements
- Payment Mechanisms for P3s
- Debt Constraints and Debt Sharing
- Risk Sharing
- Legal Framework
- Quantifiable Public Goals
- Regulatory Compliance
Michael Sterling, Partner
Vandeventer Black LLP
- The unique interrelationship of types of parties and the legal consequences regarding avenues of payment recovery for subcontractors.
- The typical 4 models of P3s and unique interrelationships result in novel bars to typical means of recovery.
- Problems with recovery via typical means of recovery; payment bonds (Miller and Little Miller Acts), Mechanic’s Liens, and bonding statutes.
- Unique bars to recovery; Sovereign Immunity, doctrine of acquired immunity.
- If in doubt – express remedies for payment recovery – best practices.
Michael Conneran, Partner
Hanson Bridgett LLP
- Determining the proper project for the use of the P3 method of delivery, including scope of agency’s continuing control over P3 contractor
- Statutory authority for use of P3 and satisfaction of state oversight requirements
- Procurement and contracting issues (including conflicts of interest, labor relations (prevailing wage, project labor agreements)
- Addressing delegation toP3 contractor of typical governmental functions, including right-of-way acquisition, environmental compliance, inter-governmental relations
Jong Sook Nee, Partner
McManimon, Scotland & Baumann, LLC
- Maximizing revenue stream
- Protecting rate payers
- Leadership issues from the public
Kylee Anastasi, Director
PricewaterhouseCoopers LLP, Delaware/USA
- Development of payment mechanism and flow down to KPI
- Walking thru process of different standards and mechanisms and alignment with risk transfers
Anthony Kinn, Public Private Programs Services
Booz Allen Hamilton
- How to build a project that the Private Sector wants to invest in.
- What are the key components that the State or Local Government must have included before announcing the project.
- What does the Private Sector need to fully understand about their Governmental partners to make a P3 successful.
- Are these really P3’S … One may consider that these type project are P5’s.
- P3 success is based on sound business practices and they are not “The red-headed step child” within a given organization.
- The key “sure fire steps “ on how to not succeed on a P3 project…
Who Should Attend:
- Financial Analysts
- Commercial and Contract Managers
- Contract Administrators
- Contingency Planning Officers
- Business Analysts
- Business Development Managers
- Private Companies
- Public Companies
- Other Related/Interested Professionals
Kylee is an infrastructure finance professional with over 12 years’ experience providing policy, procurement, financial and commercial advice to public and private sector clients. She specializes in the development and delivery of projects utilizing innovative procurement approaches, with a focus on Public Private Partnerships (P3 or PPP).
Since joining PwC in 2010, Kylee has worked with US public and private sector clients, primarily supporting the project development and procurement stages of their infrastructure projects. In this capacity she has worked on a number of recent PPP transactions, including the Denver Eagle Project and Maryland’s Purple Line Project.
Prior to joining PwC, Kylee supported multi-lateral development institutions with their global PPP capacity building efforts and also supported public sector entities in Australia to successfully develop, structure and close several PPP transactions.
Kylee is an infrastructure finance professional with over 12 years’ experience providing policy, procurement, financial and commercial advice to public …
Michael Conneran is a partner at Hanson Bridgett where he represents public agencies and private entities in a variety of matters involving real estate, transportation, and environmental law. He counsels public agencies with regard to transit oriented development projects and negotiates long-term ground leases, facility operating agreements, and other types of public-private partnerships. He also represents private firms entering into agreements with public entities. Michael also has extensive experience in laws that, in particular, apply to public agencies, including statutes governing procurement, public access to public records, conflicts of interest, and open meeting laws. Michael is a member of the Bay Area Council's Transportation Committee and the Municipal Law Institute Committee of the League of California Cities.
Michael Conneran is a partner at Hanson Bridgett where he represents public agencies and private entities in a variety of …
Firm Managing Partner; Chaired or Vice-Chaired law firm Construction and Public Contracts Department for over a decade; practice concentrated on complex projects and disputes with particular focus on accounting, scheduling, contract terms, insurance, safety, ethics, environmental and other regulatory issues; experienced in a wide range of project delivery methods including design-build and public-private-partnerships; projects included co-generation and processing plants, wind tunnels, cable stay bridges, highways, stadiums, hotels, courthouses, hospitals, water and wastewater treatment plants, parking garages, high-rise condominiums, environmental site restoration, demolition and large scale residential developments as well as ship construction and repair; represented both national and international general contractors, subcontractors, vendors, manufacturers and design professionals, as well as private and public owners; experienced with the Federal Acquisition Regulations, related agency regulations and statutes applicable to federal government funded contracts and grants; appeared before federal and state courts, boards of contract appeals, agency administrative judges and arbitration panels; assignments have been in various locations throughout the U.S. and its Territories.
Also managed law firm Dispute Resolution Services practice for over a decade; served as arbitrator and mediator for the American Arbitration Association, Virginia Conflict Resolution Center, Financial Industry Regulatory Authority (formerly NASD), the Better Business Bureau, the National Arbitration Forum, the Chesapeake Redevelopment and Housing Authority, the United States District Court for the Northern District of Alabama, the Circuit Courts for the Cities of Norfolk, Portsmouth and Virginia Beach and by private appointment; previously certified by the Supreme Court of Virginia as a Mediator and Mentor; construction matters have ranged from claims of defective workmanship to incomplete work to other performance and payment related problems; non-construction matters have ranged from business owner to securities fraud to creditor-debtor to employer-employee disputes; mediated attorney-client fee disputes for the Virginia State Bar; intermediated disputes between clients pursuant to the Virginia Rules of Professional Conduct; also served as a Hearing Officer for the Supreme Court of Virginia from 1991 – 2001 presiding over various state and local employee grievances and professional licensing disputes; represented construction clients in numerous alternative dispute resolution proceedings including AAA arbitration, mediation, early neutral evaluation and partnering sessions; founded the Norfolk and Portsmouth Bar Association ADR Committee that prepared a standing order for court sponsored ADR; conducted various presentations on ADR including as a guest lecturer at William & Mary School of Law; co-authored Alternative Dispute Resolution in Virginia Now, VBA News Journal, Vol. XXVI, No. 4, June 2000; voted to the Mediation and Arbitration category of Virginia Business Magazine’s Legal Elite and recipient of the Virginia Conflict Resolution Center Peace Maker Award.
Firm Managing Partner; Chaired or Vice-Chaired law firm Construction and Public Contracts Department for over a decade; practice concentrated on …
Jong Sook Nee is a partner at McManimon Scotland & Baumann. Her primary practice areas include redevelopment and finance for public and private clients. Jong Sook’s clients have included the City of Bayonne, Township of Edison, City of Hoboken and Elberon Development Companies, to name a few. Her work has been instrumental in generating economic development throughout the State of New Jersey and stabilizing ratables for public entities through creative and effective financing tools, including public-private partnerships. Jong Sook’s work has been at the forefront of financing development ranging from tax exemptions to new markets tax credits. She has also served as Policy Counsel to Governor Corzine, served on the State Planning Commission and was the appointed Smart Growth Ombudsman.
Jong Sook Nee is a partner at McManimon Scotland & Baumann. Her primary practice areas include redevelopment and finance for …
Tony Kinn was appointed director of the Commonwealth of Virginia’s Office of Transportation Public-Private Partnerships on July 5, 2011.
He is responsible for developing and implementing a statewide program for transportation project delivery via the Virginia Public-Private Transportation Act of 1995.
Kinn most recently served as assistant vice president and director of corporate relations for the University of Virginia’s University Engineering Foundation. He has spent most of his career in the corporate world in new business development. Kinn was principal owner in the James A. Weaver Company, which was the third largest food brokerage firm in the U.S. His company also designed Market Metrics, a store-specific marketing software program, which became the foundation for what today is Spectra Systems.
He also was executive vice president of the Federated Group, a multi-billion dollar organization based in Chicago. At the Federated Group, Kinn was responsible for the management of new business development for all divisions west of the Mississippi River. Kinn has also served as director of the Commonwealth's Department of Economic Development’s International Division, where his main responsibility was to draw firms to the Commonwealth from the Pacific Rim and Europe.
Tony Kinn was appointed director of the Commonwealth of Virginia’s Office of Transportation Public-Private Partnerships on July 5, 2011. …
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About PricewaterhouseCoopers LLP
The Capital Projects & Infrastructure professionals of PwC US serve public and private clients, strategy through execution helping organizations create the value they’re looking for. The US team is also part of the firm’s integrated global network that is supporting public-private partnerships all over the world. Serving clients across the asset lifecycle, PwC Capital Projects & Infrastructure teams often include professionals with expertise in PPPs on both the public and commercial sides, planning, fund structuring, analysis, execution, governance, reporting, regulatory, and deals. The US and global Capital Projects & Infrastructure professionals have authored several thought leadership pieces on the topic of PPPs. Learn more here: pwc.com/us/capitalprojects. Gain customized access to PwC’s insights by downloading our thought leadership app: PwC’s 365™ Advancing business thinking every day. PwC US is a member of the PwC network of firms in 157 countries with more than 184,000 people.
About Hanson Bridgett LLP
Hanson Bridgett is a law firm of more than 160 attorneys located in four offices throughout northern California. Their practices encompass traditional areas of law such as public sector law, litigation, general business and corporate law, construction, estate planning and administration, as well as major practice groups that focus on government representation, sustainable business, health care, senior housing and care, real estate, intellectual property, and labor and employment. These areas are supplemented by refined expertise in such specialized and diverse fields as product liability, eminent domain, transportation, environmental law, and insurance coverage.
Hanson Bridgett is a certified B Corp and are socially responsible members of their communities. The firm is driven by a commitment to diversity, charitable giving, pro-bono legal work and hands-on service. As a dedicated green business they strive to make sustainable choices for all of their business decisions.
About Vandeventer Black LLP
Vandeventer Black LLP is a full-service business law firm established in 1883. We focus on responsiveness and results while providing internationally recognized services across a wide variety of legal sectors. Headquartered in Norfolk, Virginia, we employ more than 60 accomplished attorneys from five offices located in North Carolina and Germany in addition to Virginia.
About McManimon, Scotland & Baumann, LLC
McManimon, Scotland & Baumann, LLC is a law firm focused on New Jersey – serving both government and private clients – with an extensive history in public finance law. Founded in 1971, the firm brings a unique ability to bridge the public sector with the private sector in order to realize groundbreaking projects.
About Booz Allen Hamilton
Booz Allen Hamilton has been at the forefront of strategy and technology consulting for more than 100 years. Today, the firm provides services primarily to the US government in defense, intelligence, and civil markets, and to major corporations and not-for-profit organizations. Booz Allen helps clients achieve success today and address future needs by applying functional expertise spanning consulting, analytics, mission operations, technology, systems development, cybersecurity, engineering, and innovation to design, develop, and implement solutions.
Booz Allen is headquartered in McLean, Virginia, employs more than 22,000 people, and had revenue of $5.48 billion for the 12 months ended March 31, 2014. To learn more, visit www.boozallen.com. (NYSE: BAH)