Skip to Content
Menu Toggle

What are public-private partnerships?

Public-private partnerships (P3s) are collaborative agreements between government entities and private-sector businesses. These partnerships aim to leverage the expertise and resources of both sectors to achieve public goals more efficiently and effectively. In Florida, public-private sector partnerships often intersect with real estate law, business law, and government relations.

A notable example of a public-private sector partnership in Florida is the Miami Intermodal Center (MIC). This transportation hub, developed through a collaboration between the Florida Department of Transportation (FDOT) and private companies, combines various modes of transportation, including buses, rental cars, and Metrorail. The MIC exemplifies how public-private partnerships can enhance public infrastructure and stimulate economic development in the state.

Need help facilitating opportunities in the public sector? Schedule your consultation today with a top public-private partnership attorney.

Which Florida laws, rules, and regulations apply to public-private partnerships?

Florida Statutes Section 255.065 and Section 334.30 establish the framework for public-private partnerships for public and transportation facilities, respectively. These statutes outline the procedures for soliciting, receiving, and evaluating proposals for P3s and the criteria for selecting private entities.

Additionally, agencies like the Florida Department of Transportation (FDOT) guide public-private partnerships, including this reference guide. Moreover, local governments like Miami-Dade County often provide more specific guidelines for P3s.

Understanding and adhering to these state and local laws, rules, and regulations is crucial for successfully implementing public-private partnerships in Florida.

How do requests for qualification and requests for proposal connect to public-private partnerships?

Requests for Qualification (RFQ) and Requests for Proposal (RFP) are structured procurement methods for public entities to evaluate potential private partners. RFQs primarily focus on assessing interested firms’ qualifications, experience, and financial capacity, while RFPs consider specific proposals based on predetermined criteria, including technical merit and cost-effectiveness. Both processes help ensure that P3s form with qualified partners that align with the project’s goals and comply with Florida’s legal and regulatory requirements.

When a set of facts is appropriate for facilitating a partnership with the public sector, there are many paths a client may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized public sector advocacy, please contact our office to set up your initial consultation.

How can counsel facilitate RFQs and RFPs on behalf of businesses, and what are the associated strategic benefits?

Counsel plays a crucial role in facilitating RFQs and RFPs for businesses seeking public-private partnerships when they provide the following services:

  • Conduct thorough due diligence: Evaluate applicable laws, regulations, and project requirements to ensure the business’s proposal is compliant and competitive.
  • Assist in proposal preparation: Help craft a compelling proposal that showcases the business’s strengths and aligns with the evaluation criteria.
  • Guide risk mitigation: Identify potential risks and recommend strategies to minimize exposure and liability.
  • Negotiate contracts: Represent the business in contract negotiations to secure favorable terms and conditions that protect the company’s interests.
  • Ensure ongoing compliance: Monitor project performance to ensure continuous compliance with contractual obligations, legal requirements, and regulatory guidelines.

Strategic benefits of engaging counsel include:

  • Competitive advantage: Well-prepared proposals increase the likelihood of partnership selection.
  • Reduced risk: Comprehensive risk assessment and mitigation strategies minimize potential liabilities.
  • Efficient resource allocation: Counsel can help identify critical project requirements, enabling businesses to allocate resources more effectively.
  • Stronger contractual protections: Skilled contract negotiation can result in favorable terms safeguarding the business’s interests.

Please contact our office to set up your initial consultation to see what forms of legal protection and advocacy may be available for your unique situation.

Frequently Asked Questions

  1. What are the critical differences between RFQs and RFPs?

RFQs focus on assessing a firm’s qualifications, experience, and financial capacity, while RFPs evaluate specific proposals based on predetermined criteria, such as technical merit and cost-effectiveness. RFQs are typically used as a pre-screening process, while RFPs lead to private partner selection.

  1. How can businesses increase their chances of being selected in an RFQ or RFP process?

To improve their chances, businesses should thoroughly understand the project requirements, prepare a compelling proposal that aligns with the evaluation criteria, and engage counsel to ensure compliance with legal and regulatory requirements.

Have more questions about how your business can access new opportunities in the public sector?

Crucially, this overview of requests for qualification and requests for proposal does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.

Jimerson Customer Service

We live by our 7 Superior Service Commitments

  • Conferring Client-Defined Value
  • Efficient and Cost-Effective
  • Accessibility
  • Delivering an Experience While Delivering Results
  • Meaningful and Enduring Partnership
  • Exceptional Communication Based Upon Listening
  • Accountability to Goals
Learn more
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
Jimersonfirm Awards
we’re here to help

Contact Us

Jimerson Birr