We know partnerships. NCPPP P CONNECT BOOTCAMP July 20, 2015 Barney Allison, Esq.

2 IGNORANCE OF THE LAW IS NO EXCUSE  Before thinking great thoughts, Read the Statute!  Applicability of general contract code provisions to the P3  Prepare a detailed roadmap; always be 2 steps ahead in your planning  No deal is ENTIRELY free from protest

3 TRANSPARENCY VS THE NEED FOR CONFIDENTIALITY  How to deal with State public records act requirements  Bidders expect confidentiality for certain information  What to release, when to release it and to whom  Submissions in writing vs One-on-one Meetings

4 STIPENDS  Stipends paid if: the Agency cancels the procurement; losing bidders submit compliant bid  Demonstrates the Agency’s commitment to the procurement  Not intended to completely cover the bidders’ pursuit costs  Consideration paid for intellectual property  Get authorization to pay before issuance of final RFP

5 Developing the Technical Provisions  Critical part of the RFP and a “contract document” vs reference information  Performance Based (outcomes) vs Prescriptive (means and methods)  Role of the Standard Specs  Avoid the passive voice  Approve vs review and comment

6 P3’S ARE ABOUT INNOVATION  Be Flexible—Focus on goals/outcomes  Give bidders the opportunity to highlight their strengths  The ATC process  Encourage innovation in financing structures

7 TIMING OF THE PROCUREMENT AND THE ENVIRO/PERMITTING PROCESS  Equity/Lenders will RARELY take on environmental approval risk  Pass through of mitigation measures to the private sector  How much is the permit dependent on final design?

8 THE CLOSING IS JUST THE BEGINNING  35 year+ relationship  It’s not your contractor, it’s not your schedule  Where did everyone go?  Complexity of contract administration— claims, CO’s, signoff on milestone payments/availability payments  Noncompliance points