Presentation

Slide 1

Center for Innovative Finance Support

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

https://www.regulations.gov/comment?D=FHWA-2012-0126-0001

Docket # FHWA-2012-0126