Alternative Procurement Tools for Historic Revitalization Projects Local Government Attorneys of Virginia Association Presentation Chris Lloyd McGuireWoods Consulting June 8, 2007

Presentation Overview Legislative History Overview and Process Virginia Experience PPEA vs. Design-Build Benefits of Alternative Delivery Methods

Built on the successes of the PPTA (895, 288, 28, Coalfields Expressway) Design-Build Review Board created in 1996, overly cumbersome process Passed General Assembly in 2002 Model Guidelines issued in October 2002, state guidelines in December First comprehensive agreement signed July 1, 2003 (Stafford County) Amendments occur in 2003, 2004, and 2005 Additional changes in 2006 regarding FOIA, public disclosure, oversight 2007 amendments require greater participation by the “appropriating body” PPEA History

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 practices What it is NOT? - A panacea that resolves all procurement issues - A way to get something for nothing 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 –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 PPEA

Public body adopts PPEA guidelines Private entity submits proposal to public body or public body issues a solicitation for proposals Public body makes a written determination whether the project is developed using competitive bid or competitive negotiation Competitive negotiation can proceed if the public body determines that this method is “likely to be advantageous” because of the “probable scope, complexity or urgency of the project” or “risk sharing, added value, an increase in funding or economic benefit from the project that would not otherwise be available” 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 PPEA process

PPEA Guideline Implementation City of SalemChesterfield City of RichmondStafford City of WinchesterRoanoke City of Manassas ParkFrederick City of Virginia BeachLoudoun City of FredericksburgCity of Chesapeake City of Falls ChurchJames City City of ManassasYork City of LynchburgBedford Norfolk Airports AuthorityFairfax Clarke CountyFauquier County City of SuffolkCity of Norfolk SouthamptonCity of Roanoke Town of HerndonHenrico Bedford PSASpotsylvania Rockbridge CountyCampbell County City of StauntonCumberland NorthumberlandPrince William Service Authority Culpeper CountyFrederick County Public Schools PPEA - implementation

What is happening across Virginia? School facilities in Falls Church, Fredericksburg, Chesterfield, Winchester, Bedford County, Warren County, Stafford County, City of Harrisonburg - agreements signed Pending school projects in Cumberland and Northumberland Counties Public safety facilities in Roanoke, Stafford, and Frederick Counties Capitol Square redevelopment James City County recreational facilities DOC Prison construction program (Centex), regional jails Parking decks (Fredericksburg, Roanoke, Winchester) Technology projects (VITA) Virginia School for the Deaf and Blind consolidation Prince William and Chesapeake human services offices Bedford County Public Service Authority facilities Crater Regional Public Safety Training facilities Virginia Beach Performing Arts Center Prince William Service Authority facilities Loudoun County government complex PPEA - implementation

What Makes Projects Go Well Open and collaborative process between public and private sectors Atmosphere that encourages innovation and creativity Include public, press and other stakeholders Objectives (cost savings, time, limits on risk) are clear from the beginning PPEA - implementation

What Makes Projects Go Bad Unnecessary closed door discussions Public sector shifts all risk, not willing to pay for it Staff objections to process Cost overruns and scope creep Public sentiment turns away from development Negotiations never end Project is overly defined or restricted PPEA - implementation

Senate Bill 732 PPEA had largely displaced formal design-build process since 2002 Allows any locality with over 100,000 residents to get a one-time approval to use design-build Loudoun, Alexandria, and Virginia Beach have secured approvals Potential expansion in 2008 Design-Build

PPEA is better because… Process has “sex appeal” among legislators, contractors (resume builder) Public entity has right to charge a review fee for proposals Contracts and processes becoming standardized No Richmond involvement Encourages innovation and creativity Design-Build vs. PPEA

Design-Build is better because… PPEA can be a long and involved process Press is suspicious of PPEA Has more national standing Public entity has greater control Design-Build vs. PPEA

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 Benefits of Alternative Delivery