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Model P-3 Contracts Listening Session - Presentation

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January 16, 2013

Slide 1

Innovative Program Delivery

Model P-3 Contracts Listening Session

USDOT Headquarters, West Atrium
January 16, 2013
12:00 p.m. – 4:00 p.m.

Slide 2

Welcome and Introductions - Regina McElroy

Opening Remarks - Beth Osborne

Ground Rules & Logistics - Regina McElroy

Open Discussion - Deborah Brown-Davis

Closing Remarks - Regina McElroy

Slide 3

MAP-21 SEC 1534, (d) STANDARD TRANSACTION CONTRACTS----.

(1) DEVELOPMENT.- Not later than 18 months after the date of enactment of this Act, the Secretary shall develop standard public-private partnership transaction model contracts  for the most popular types of public-private partnerships for  the development, financing, construction, and operation of  transportation facilities.

(2) USE.-The Secretary shall encourage States, public  transportation agencies, and other public officials to use the  model contracts as a base template when developing their own  public-private partnership agreements for the development, financing, construction, and operation of transportation facilities.

Slide 4

Discussion Period

Contract Format - 45 minutes

Contract Scope - 45 minutes

Specific Provisions - 45 minutes

Transaction Type - 45 minutes

Closing Remarks - 5 minutes

Slide 5

Model Contract Template Design

  • Complete contract with recommended or sample language for each provision?
  • Recommended language for common provisions only and placeholders for others?
  • Outline minimum provisions with menu of options?
  • Should there be any contract attachments such as Definitions or Performance Measures, or suggestive list of possible attachments?

Slide 6

Model Contract Scope

  • What general provisions should be included?
    • Public protections, Non-compete clauses
    • Federal requirements: permitting, safety, signage and other requirements mandated by federal legislation and regulation
    • Other . . . .
  • Are there things that should be excluded?

Slide 7

Specific Provisions to be Included

  • Specific public protections?
    • transparency, public input, contract term, anti-competition clauses, worker protections  
  • Performance requirements?
    • hand-back conditions, quality of service, operational standards, quality control/quality assurance during construction etc.
  • Other . . . ?

Slide 8

Types of Contracts & Facilities

  • Which Deal Types?
    • Design-build-finance (-operate-maintain)
  • Which Payment Models?
    • Tolled concession
    • Availability payments
  • Which Facility Types?
    • Non-tolled highway extensions
    • Intermodal facilities
  • Other . . .?

Slide 9

Federal Register Notice

http://www.gpo.gov/fdsys/pkg/FR-2013-01-09/pdf/2013-00219.pdf

Comment Link

http://www.regulations.gov/#!home;tab=search

Docket # FHWA-2012-0126

 

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