Leveraging the Private Sector for the Public Good.

Troutman Sanders Strategies (TSS) has made a major commitment to support the growing interest in Public-Private Partnerships (PPPs) and has served as a vital partner to our clients in negotiating the complex path to a successful project. While enabling the legislation for such partnerships is typically at the state level, the needs and our involvement are growing throughout the nation.

The firm’s management team is committed to enhancing our clients’ understanding of the process and is well-poised to make significant contributions in the program – from initial concept through final fulfillment of the project’s established governmental requirements.

TSS has a multi-discipline market sector approach that is ideally suited to the demands of large, long-term PPP projects. This approach allows clients to rely on a single source of essential services when contemplating using a PPP procurement method.

The Public-Private Advantage

• Innovative Financing
• Fewer Costs
• Faster Results
• Minimized Risk

Virginia Opportunity
Virginia has become a national leader in the evolution of PPPs. The Public-Private Education Facilities and Infrastructure Act (PPEA) and Public Private Transportation Act (PPTA) are successful models being replicated across the country. As an early supporter of the legislation and programs created by the facilitating legislation, TSS has acquired comprehensive, hands-on experience offering strategic counseling and governmental affairs support for clients negotiating the complex PPEA and PPTA process. With the integrated capabilities of our experienced public affairs professionals and the vast resources of Troutman Sanders LLP, we are in a unique position to provide these services using a proactive, creative and comprehensive team approach.

As insight to Virginia’s PPP laws (PPEA and PPTA), the following are responses to frequently asked questions:

• What projects qualify under a PPP?
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  Qualifying projects under the PPEA may include:

  • Education facilities (school buildings, stadiums, facilities operated by public school system, higher education facilities, etc.)
  • Buildings or facilities for principal use by any public body (fire station, police station, library, etc.)
  • Facilities and equipment necessary to enhance public safety and the security of buildings principally used by a public entity
  • Utility and communications infrastructure
  • Recreational facilities
• How can a public entity participate in the PPP?
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  A public body can accept PPEA proposals once it establishes procedures for receiving, reviewing and evaluating any proposal submitted by the private sector under the PPEA. The Commonwealth of Virginia has developed model procedures that serve as a “template” for interested public bodies.
• What is the typical process in a PPP project?
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  Model procedures established under the PPEA and PPTA suggest the following timeline:

  • Preliminary proposal is submitted by a private entity or solicited by a public body.
  • Public body accepts proposal and issues a public notice allowing other firms to submit competing preliminary proposals.
  • Proposals are reviewed by the public body, which determines whether any proposals will progress to the detailed proposal phase.
  • Firm(s) is given a period of time to submit a detailed proposal for the project.
  • Competitive negotiations begin with firm(s) to determine winning proposal.
  • Public body’s governing body selects winning firm to negotiate interim and/or comprehensive agreements.
  • Public body’s governing body approves interim and/or comprehensive agreements.
  • Comprehensive agreement is negotiated and approved by the public body.
• How Does a PPTA differ from a PPEA?
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  The Public-Private Transportation Act (PPTA) of 1995, as amended, is the legislative framework that allows the Commonwealth of Virginia, qualifying local governments and certain political entities to enter into agreements to construct, improve, maintain and operate transportation facilities.
• How can Troutman Sanders Strategies help?
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  The Troutman Sanders PPP Team facilitates business opportunities between public entities and the private sector.
  
  Once common opportunities are identified, Troutman Sanders attorneys assist with the PPP process, from drafting and negotiating contracts, to preparing bid materials, structuring financing and providing government relations and consulting services. The Team guides projects through the approval and appropriations processes seamlessly with its extensive legislative and governmental affairs experience.
  
  The PPP Team also has broad experience in all areas of real estate, including the acquisition, development, financing, leasing, zoning, construction, and sale of schools, office buildings, shopping centers, manufacturing and utility facilities, hotels and mixed-use projects. They have participated in financings for a wide range of projects, including educational, correctional, environmental, recreational, commercial, industrial, transportation, and healthcare facilities, as well as IT infrastructure projects.
  
  The Team has provided bond counsel services to a variety of local government entities, including cities, counties, towns, industrial development authorities, public service authorities and housing authorities.
  
  Our Team would be happy to visit with your company or locality to present more detailed information on the Act and its potential benefits.

TSS Experience

• Correctional Facilities
• K-12 & Public University Systems
• Department of Transportation Activity
• Performing Arts
• Forensic Laboratories

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• Clark Lewis
• Robb Willis