Is the PPEA Process Right for You? VASCUPP Conference Christopher D. Lloyd September 25, 2013 CONFIDENTIAL www.mcguirewoodsconsulting.com Why A New Procurement Tool? • Creates a consistent, repeatable, predictable process for alternative project delivery • Ensures transparency and accountability to the public • Increases competition and value delivery • Signals legislative support for the process • Checks and balances to reduce project delivery problems • Spur innovation and creative project approaches Procurement Process • Have you adopted PPEA guidelines? • What other state procurement tools are open to me (impacted by Tier status)? • What other non-state procurement tools are available (real estate foundations, etc.)? • What in-house capabilities do I have for review or do I need outside experts? 3 Property Issues • • • • • Who will own the project? What approvals are required for a lease? Is the land encumbered through deed or bond covenant? What level of gubernatorial approval is required? How does the project fit into the campus master plan? 4 Finance Issues • What is my debt capacity and is it affected by the project? • What is the repayment plan and how is the plan treated? • How does the project encumber other campus projects or facilities? • Are there sufficient financial benefits from using nontraditional funding sources? • Is developer looking for a financial commitment, a support agreement, or just the right to be in your “aura?” • Will Treasury Board approval be required for the financing structure? 5 Political and Policy Issues • Is legislative pre-authorization necessary? • What oversight role will the Board of Visitors play? • Clearing the Public Private Partnership Advisory Commission • What happens if there is a default? • How will student fees be impacted? 6 Dealing with the Host Community • If the project is off campus, what role will the host community play in zoning and oversight? • Will the host community have any financial role in the project? • If the project has joint uses, which entity will manage the procurement process? Who is in charge after the project is complete? 7 THE END Business Expansion | Federal Public Affairs | Strategic Communications & Grassroots Mobilization State & Local Government Affairs | Emerging European Markets Atlanta • Austin * Charlotte • Charlottesville • Chicago • Norfolk • Raleigh • Richmond Springfield • Tyson’s Corner • Washington, D.C. | Bucharest, Romania www.mcguirewoodsconsulting.com 8