Public-Private Partnerships

PUBLIC-PRIVATE PARTNERSHIPS

Could your business use more government contracts to balance the risk associated with private sector work? Public-private partnerships are frequently homeruns for both communities and businesses, as every new hospital, power plant or airport comes with a potentially lucrative construction contract. Many business owners shy away from public-private partnerships not because of the work, but because of the bidding process. Years of submitting unsuccessful bids can cause even the most qualified candidates to believe their bids are hopeless and that their time is more valuable elsewhere.

 While business owners are correct in believing their time is better spent than on items other than putting together proposals, they are incorrect in believing their bids are hopeless. Each year many businesses miss out on lucrative government contracts they would have landed. Sometimes merely submitting a proposal can be the only difference between a winning bid and a losing bid. Other times, when there are nearly identical bids submitted at nearly identical prices, the only difference is promotion.

 Public-private partnership perfectly describes the relationship created between the winning bidder and the community. Cooperation is necessary from each party to advance their mutual interests and complete the project. There are project terms to be finalized, construction contracts to be signed, financing to be secured, permits to be obtained, and sites to be developed. Acceptance of a proposal simply begins a long, arduous road that poses new challenges which must be overcome to meet project deadlines. Behind every smile and handshake at a ribbon cutting lies a silent appreciation for all those late nights spent putting it all together.

Jimerson Birr Public-Private Partnership Services

Our firm is here to be your advisor and advocate during your public-private partnership. We will help your business put together a competitive proposal and guide you throughout the process. Our attorneys specialize in real estate law, business law, and government relations. We understand your industry and can assess the political landscape to maximize the chances of your proposal being selected. Our attorneys will highlight your qualifications and promote your submission to the key decision-makers who select the winning bidder. If your bid is successful, among other things, our attorneys are able to help you negotiate the final terms of the agreement, secure financing, obtain permitting, negotiate and draft construction contracts, and purchase the property. Our attorneys represent clients during all phases of the public-private partnership process, from the preliminary idea to the diligence and bid process, to approvals, construction, and funding of the project.

 Our expertise and services related to public-private partnerships include:

• Performing due diligence and cost analysis to determine a competitive contract bid price
• Identifying key elements required by a proposal submission
• Developing proposal concepts that highlight your qualifications and comply with all submission requirements
• Drafting formal proposal documents, including requests for qualification and requests for proposal, while ensuring compliance with all relevant submission requirements
• Assistance in preparing any follow-up presentations which may be requested
• Advocating on behalf of your submission to key government decision-makers
• Finalizing the terms of the government contract and producing documents, including project agreements, development agreements, exclusive negotiation contracts, and operating agreements
• Structuring of legal entities to address project and corporate needs
• Garnering environmental permitting, approvals and compliance
• Assistance with obtaining financing from public and private sources
• Consultation and representation on matters related to permitting and zoning
• Negotiating and drafting third party contracts necessary to complete the project, including those related to architecture, engineering, and construction
• Negotiating and drafting documents facilitating property acquisitions, including sale agreements, lease agreements, purchase agreements, and easement agreements
• Providing full-service construction law consultation and project management
• Managing asset and legal risks through risk analysis and insolvency protection counsel

Jimerson Birr is a premier law firm with a market-leading practice tailored to the nuances of the industries we serve. Our teams have a global perspective and strong Florida roots. Our clients look to us to bring a distinctively high degree of quality, passion and creativity to resolve their public-private partnership challenges effectively and cost efficiently.

We’re honored to work with some of the world’s most accomplished organizations and the leaders who drive them. We know that on any given day our clients are confronting competition, corporate advancement, risk management, process and product innovation, resource allocation, efficiency stewardship and talent oversight problems; some days all the above. When our clients place public-private partnership challenges with us, they enlist sets of broad shoulders that carry their burdens for them so that they no longer feel their weight. This deep business partnership will give us both an opportunity to be at our best.

We draw on the strength of our character and talents to deliver the best of our firm to every client through true collaboration. We don’t confuse effort with results, and we focus on the immutable, allied goals at all times. Partnership with Jimerson Birr means that you are not looking in any direction but ahead.