Public–Private Partnerships: What Are the Lessons Learned? (2020) / Chapter Skim
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Pages 16-20
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8 SESSION 2A Pre-Procurement Brett Simon, LeighFisher, Moderator Panelists David Narefsky, Mayer Brown Clay McCoy, PJ SOLOMON Li Pei Wang, Port Authority of New York and New Jersey Jay DeWitt, City of Phoenix Brett Simon introduced the panelists and stated that one of the most challenging aspects of P3s is getting started. David Narefsky reviewed the legal and regulatory considerations associated with the pre-procurement process.
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9 Narefsky stated there are several key considerations that regularly arise with P3 procurement methods, including transparency, the selection criteria and methodology, the degree of risk transfer, financing options, and funding sources. He noted that workforce policy considerations such as the prevailing wage, local hiring, labor agreements and protections, and other requirements generally have limited impact on the implementation of P3 projects.
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10 legal documents should be reflected in the financial offer. He added that private partners will look at two key variables: allocation of risk and long-term alignment of interests.
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11 Wang stated that developing a project briefing book was very helpful for the RFQ stage. The book was a signal to developers that the project was moving forward and included potential design guidelines.
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12 DeWitt stated that the city began with an RFI, followed by an RFQ and RFP, all of which were preceded by outreach efforts and data gathering. In response to a question from Valerie Holt as to why the revenue stream was undervalued, DeWitt stated that historically, there had been no competition, and the city had done no advertising and had not implemented variable rates, yield management practices, or other measures to improve revenue.
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