Global Infrastructure and Public Private Partnerships
The McKenna Long & Aldridge (MLA) Global Infrastructure and Public-Private Partnerships (P3) team has skillfully negotiated arrangements in a variety of projects and is experienced in working with U.S. state and local governments, as well as international and domestic private sector clients that seek a strategic foothold in the U.S. P3 market. The team includes former high-level members of government, such as former Vermont Governor Howard Dean, former District of Columbia Mayor Anthony Williams, former Indianapolis Mayor Stephen Goldsmith, former Georgia Attorney General Thurbert Baker, former Chief Counsel to the Federal Highway Administration Marcus Lemon, as well as former members of the U.S. Congress, senior Congressional staff members, state assembly members, and senior public agency officials (such as the former Chairman of the Georgia Port Authority). Our team also includes a co-founder of the National Council for Public-Private Partnerships and a co-chair of the Privatization, Outsourcing and Financing Transactions committee of the American Bar Association. We have testified about P3s before committees and task forces in the U.S. Congress, New York, California, Pennsylvania, Colorado and Michigan. This blend of experience coupled with our project finance team offers our clients a unique perspective that is critical in forming P3 relationships and resolving issues involving government.
We support the initiatives of our clients in the following areas:
- Assessment of P3 opportunities
- Brownfield and greenfield projects
- Clarifying the priorities and goals of federal, state and local governments
- Environmental compliance assessment
- Legislative analysis and reform strategy
- Procurement advocacy, financing and teaming arrangements
- Project delivery methodologies
- Real estate and joint development
- Strategic planning and government outreach
MLA has a deep knowledge and understanding of government at the federal, state and local levels, and uses a wide range of legal, political, government, finance and business planning strategies to offer our clients the benefits of our firm’s daily contact with political leaders, government managers, financial institutions, and corporate leaders, who are spearheading federal and state efforts to implement P3s and enhanced-use leasing programs. Our team addresses issues relating to:
- Social infrastructure — prisons, jails, courthouses, parking meters, public buildings
- Surface transportation — roads, bridges, tunnels; high-occupancy toll (HOT) lanes, rail systems
- Water, wastewater and sewer
- Seaports, harbors and terminals
- Primary, secondary and higher education
- Smart grid
- Information technology and supply chain management
- Military bases and communities
- Sports and entertainment complexes
- Airports and airfields
- Health and hospice care
We provide counsel, due diligence review, and strategic government affairs and business solutions to investors and developers considering participation in the growing P3 sector. Our team employs a full and multidisciplinary range of business planning and finance and government relations tools to successfully create P3 opportunities and profitable partnerships for our diverse client-base consisting of developers, lenders, technology companies, environmental/engineering firms, consultants, construction companies and traditional government contractors.
Military Housing. MLA represents Balfour Beatty Communities (formerly GMH Military Housing) and has assisted with the acquisition, development, management and construction of military family housing, and unaccompanied personnel housing at 44 Army, Navy and Air Force installations.
Port Infrastructure. We provided government affairs and strategic support for capital fund led client team in Request for Offer bid of major east coast port facility. Project guidance includes assessing the future returns to both the port and operator as well as economic impact to the regional community.
Prior to joining MLA, Marc Lemon successfully obtained a $20 million Transportation Investment Generating Economic Recovery grant from USDOT for a U.S. port facility, as well as a Railroad Rehabilitation and Repair grant for a Class II rail carrier.
Surface Transportation. Numerous transportation infrastructure projects including:
MLA is the local legal counsel to the Northwest Atlanta Development Group in their bid for the West by Northwest project in Georgia.
We are also representing a transportation infrastructure joint venture in Georgia that is conducting a feasibility study on the P3 extension of a heavily traveled public asset.
Prior to joining MLA, as Denver City Attorney, P3 Team Partner David Fine was responsible for oversight of all legal issues related to the City in connection with the Denver Union Station redevelopment, including all major issues related to contracts between the City, Denver Union Station Project Authority, the Downtown Development Authority, several metro districts, and the Regional Transportation Authority (RTD). He also made the ultimate legal decisions of the City’s purchase the RTD building, using City reserve funds, and the appropriateness of the City using its moral obligation to back the repayment of the TIFIA and RIFF loans.
We represent the largest North American privately-owned, international toll bridge company.
Prior to join MLA, Marc Lemon was successful in leading a team that identified more than $50 million in USDOT toll credits for a privately owned toll bridge and a state department of transportation using P3 toll credit programs under SAFETEA-LU.
Advised transportation planners in developing federal funding plans and assisted states, municipalities and regional authorities in obtaining and structuring funding for the following projects: Massachusetts Bay Transportation Authority Fare Collection system; Massachusetts commuter rail; Utah Transit Authority light rail; Intermodal facilities in Utah; roads and bridges in Georgia, Utah, and Commonwealth of Massachusetts.
Represented the Los Angeles to Pasadena Metro Blue Line Construction Authority as Special Counsel for the acquisition of right-of-way in connection with the acquisition of approximately 100 separate interests in real property in the Cities of Los Angeles, South Pasadena and Pasadena for the construction of a 13.7- mile light rail line, the Gold Line. Our representation spans the scope of methods to acquire property for a public use, from negotiating purchases to instituting eminent domain proceedings.
Filed a bid protest on behalf of a large road and bridge builder that challenged a state DOT’s award of a billion dollar design-build project, alleging violations of both state procurement laws and federal DOT regulations which require strict adherence to stated evaluation criteria. We were able to demonstrate that a two-step evaluation process had been used, with no clearly defined criteria for the modification of first stage scores by the second stage review team. Upon reviewing the merits of the bid protest, the state DOT quickly reached agreement with our client for a large monetary settlement capturing bid and proposal costs plus profit.
Enhanced-Use Leasing. Examples of EUL projects MLA has been involved with include:
- Served as underwriter’s counsel in a project requiring over $61 million of Illinois Finance Authority Taxable Revenue Bonds;
- Represented the largest nursing home company in the U.S. in the first EUL project the Department of Veteran’s Affairs (VA) entered into with a for-profit company;
- Represented underwriters in EUL transactions with the VA in construction of office buildings, parking decks, and power generation and co-generation facilities on various VA campuses;
- Represented a limited partnership and its primary partner for private financing, construction and operation of a co-generation facility on the U.S. Army base at Fort Drum, New York; and
- Helped structure the lease of a privately-owned biorepository at Fort Detrick, Maryland.
Prisons. MLA served as the primary consultant to the District of Columbia in the leasing of a 1,000-bed correctional treatment facility.
Water Systems. We serve as special assistant attorney general for the State of Georgia in its water allocation negotiations and litigation with the states of Alabama and Florida. Additionally, we represent a major water utility provider in the leasing of public water facilities at Fort Bliss, Texas and Fort Bragg, North Carolina.
Ballpark Development. MLA was engaged as one of the principal negotiators for the City of San Diego in the development of a new baseball park for the San Diego Padres. MLA attorneys currently represent National City, California, in its efforts with the City and County of San Diego and the San Diego Unified Port District regarding a public-private partnership for either a new football stadium, or sports arena.
Parking Assets. We served as lead advisor in the leasing of parking meters and enforcement in the District of Columbia, running the competition and deciding upon electronic meters.
Juvenile Detention Facilities. We implemented a public-private partnership to secure third party capital used to improve the information technology structure of the facility on a lease purchase basis.
- July 27, 2012
- June 29, 2012
- April 10, 2012The US P3 market is slowly maturing and this means a likely increase in deal-flow. However, procurement processes in the US have their own particular idiosyncrasies. This means that bidders need to be familiar with all aspects of the process, including how to make challenges if there is reason to. Frank Rapoport and John Sorrenti explain the ins and outs of bidders’ rights.
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