Albert E. Dotson, Jr.

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P3 Trends: Rise in Private Placement Financing of Mid-Size P3s

In the last twelve months, four national public-private partnerships (“P3s”) have been financed in the U.S. private placement market, accounting for over $800 million in project cost financing. While there has been a shift towards private placement investors as a P3 financing source, the market activity in the last year has confirmed investor appetite in … Continue Reading

National P3 Update: Higher Education and Social Infrastructure

We have written about how the public-private partnership (P3) project delivery model can and should be used to meet infrastructure needs. Because P3s are constantly being considered and tested all over the country, we wanted to provide an update on the status of these projects so that interested stakeholders can easily keep an eye on … Continue Reading

Are P3s the Answer to U.S. Infrastructure Issues?

After last month’s meeting with Democratic leaders in the House and Senate, President Trump’s $1 trillion infrastructure plan has become $2 trillion. As the legislature continues to digest the plan, many are beginning to raise questions about the plan’s viability. The fundamental issue is a predictable one–$2 trillion is a big number, and legislators are … Continue Reading

Implementation of “Buy American” for Infrastructure Projects Begins May 1st

In 2017, President Trump issued an executive order entitled “Buy American and Hire American” which stated a commitment to do just that. Earlier this year, expanding on this policy, President Trump issued an executive order entitled “Strengthening Buy-American Preferences for Infrastructure Projects.” This order requires federal agencies to encourage contractors working on infrastructure projects that … Continue Reading

Despite Bumps in the Road, the P3 Delivery Model Proves its Worth

Although public-private partnerships (P3s) have become a leading method of delivering infrastructure in several countries throughout the world, including Canada, P3s are often met with skepticism in the United States. Even though there is an ever-growing list of P3 successes (including several multi-billion dollar infrastructure projects that were completed ahead of schedule and below budget, … Continue Reading

Proposed Changes to Local Preference for Government Contracts in Miami-Dade County

We have in the past discussed how government contracts are not utilized only to acquire goods and services for the public, but to further public-policy objectives. For example, procurement regulations at all levels of government—federal, state, and local—frequently incorporate preferences in the bidding process for certain types of companies, such as small business, local businesses, … Continue Reading

How Miami Can Go From Smart Airport to Smart City

In the next few years, Miami-Dade County is expected to spend 1.5 billion dollars on upgrades to Miami International Airport. We recently wrote about Miami-Dade County’s SMART Plan, which will revitalize our transportation system and implement smart city technology. Now, through public-private partnerships, the County has the opportunity to bring this technology to Miami International … Continue Reading

Opportunity Zones Create Funding Alternative for Social Infrastructure Projects

Under current legislation, tax-exempt and other low cost financing solutions are not typically available for social infrastructure projects. The resulting higher cost of capital for social infrastructure projects raises viability concerns when the public sector procures projects with private sector-driven financings. As a result, historically, social infrastructure P3s have been outpaced by their surface transportation … Continue Reading

Higher-Education P3s Continue to Gain Momentum

Last week, the Michigan State University Board of Trustees authorized the negotiation of a comprehensive public-private partnership (P3) agreement with the winning proposer for a planned expansion of the university’s health and research facilities at the Grand Rapids campus. The decision marks one of many recent success stories for higher-education P3s. We previously wrote about a … Continue Reading

Unsolicited Proposals for Public-Private Partnerships

We have previously discussed the State of Florida’s P3 law, which broadly authorizes private firms to submit unsolicited proposals to state and local agencies for a wide variety of public services and facilities. The concept behind an unsolicited proposal is simple enough. The private sector is constantly innovating.  As a result, the government may not have … Continue Reading

Bilzin Sumberg’s South Florida Redevelopment Conference: P3 Opportunities

On October 5th, Bilzin Sumberg hosted its first-ever South Florida Redevelopment Conference. The conference kicked off with “Cafecito with the Mayors,” where Bilzin Sumberg’s Managing Partner-Elect and leader of the Firm’s P3 Practice, Albert E. Dotson, Jr., spoke with Miami-Dade County Mayor Carlos A. Gimenez and City of Miami Mayor Francis X. Suarez about development … Continue Reading

BRT Chosen for Southern Corridor of SMART Plan

We recently wrote about the legislation that the Miami-Dade County Commission passed, giving the County exclusive regulatory jurisdiction over the property within the SMART Plan corridors. Now, the Miami-Dade Transportation Planning Organization (TPO) has made a major decision largely affecting the future of the SMART Plan. Yesterday, the TPO decided to adopt the County consultant’s … Continue Reading

Florida Blazing the Trail for P3 Legislation

We have previously blogged about the many recent legislative developments in Florida and the Miami area, with a focus on legislation that is designed to facilitate public/private development projects (P3).  Although an increasing number of P3 projects are now in various stages of development, the success of Florida’s legislative effort can also be seen in … Continue Reading

National Security Review of Foreign Investments to Escalate

With its roots in the Exon-Florio Amendment to the Defense Production Act, the Committee on Foreign Investment in the United States (CFIUS), is an inter-agency committee that reviews certain foreign investments in the United States that implicate national security concerns. CFIUS generally determines its own jurisdiction within the parameters of regulatory framework ascribed to it by … Continue Reading

Leveraging Public Funding for Mass Transit With P3s

We have previously written about Miami-Dade County’s proposed SMART plan, a massive, six-corridor expansion of the existing heavy rail system, and the benefits of delivering all or portions of the project as a public-private partnership (P3). This month, the County Mayor released an updated multiyear transportation pro forma that identifies $8.457 billion in available funding … Continue Reading

New Ordinance Facilitates Downtown Mass Transit and P3s

We recently wrote about Miami-Dade County’s proposed resolution that would designate the areas within the County’s SMART Plan corridors as “Areas of Countywide Significance.” The Board of County Commissioners has since adopted that resolution, allowing the County to maintain regulatory jurisdiction and facilitate development within the SMART Plan corridors. Passage of that resolution has set … Continue Reading

Ride-Sharing Apps Innovating Transit P3s

Ride-sharing has become a primary mode of transportation in many cities and for many people and is possibly the most visible evidence of the ways that technology is transforming transportation. Now, the ride-sharing apps are taking it one step further in a move that will provide a boost to Miami Dade County’s SMART plan, which … Continue Reading

New Florida Case Facilitates Public-Private Partnerships

The Florida First District Court of Appeal recently decided Crapo v. Provident Group-Continuum Properties, LLC, which sets forth a rule that should result in more favorable property-tax treatment for P3s in Florida. In general, an economic disadvantage facing privately-owned projects, as compared to publicly owned projects, is the imposition of real estate taxes, which are … Continue Reading

Expediting Bid Protests

Last week, the Rand Corporation, which just completed an analysis of the federal bid-protest system, announced that one thing the federal government has been doing particularly well is resolving bid protests quickly–the majority within 30 days. As we’ve explained in a prior post, a bid protest is a proceeding where a bidder for a government … Continue Reading

New Ordinance Proposed to Facilitate Mass Transit in South Florida

Regional mass-transit systems are often plagued by the permitting challenges associated with construction in multiple cities, each with its own priorities, regulations, and permitting processes.  For example, the cost of the first leg of the Los Angeles light rail system skyrocketed due to the design changes demanded by each of the several municipalities the system … Continue Reading

O’Hare Express Train Showcases the Viability of P3s for Mass Transit

Yesterday, the City of Chicago selected two finalists in its procurement process for the planned O’Hare Express, a mass transit system that will connect downtown Chicago to O’Hare International Airport within 20 minutes–substantially faster than either existing mass transit service on the Blue Line or vehicular alternatives.  The two finalists are Elon Musk’s firm, The … Continue Reading

New Funding Source for Mass Transit under the SMART Plan

We have previously written about the need for new funding solutions for public transportation, including mechanisms that capture the added value of mass transit on adjacent properties.  Last week, consistent with our recommendation, Miami-Dade County adopted an ordinance that creates a “Transportation Infrastructure Improvement District” in order to capture the added value of new community … Continue Reading

Bid Protests for Small Businesses

A bid protest is a method for a bidder for a government contract to formally challenge the government’s selection process or decision.  Bid-protest procedures vary from jurisdiction to jurisdiction, but there is generally an opportunity to submit a written petition that explains why the protestor believes the government made an unfair or unlawful decision, following … Continue Reading

Miami-Dade County Adopts New P3 Legislation

We previously wrote about Miami-Dade County’s proposed new P3 legislation, both when it was initially proposed, and prior to it being considered by the subcommittee of jurisdiction, the Government Operations Committee.  Last week, the Board of County Commissioners unanimously approved the new ordinance, which will help the County implement a variety of planned and potential … Continue Reading
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