Public-Private Partnerships Five Principles for Success by Tony Kinn kinn_anthony@bah.com Steve Bonner steve.bonner@sonricorp.com Dr. William D. Rowe, Jr. rowe_william_jr@bah.com Carol Bailey bailey_carol@bah.com Jennifer Curtin curtin_jennifer@bah.com Fred Meurer meurer@meurermuni.com Table of Contents Introduction........................................................................................................................ 1 Background........................................................................................................................ 1 Five Principles for Success.................................................................................................. 3 Momentum: Critical for Success........................................................................................... 6 Conclusion ........................................................................................................................ 7 About Booz Allen................................................................................................................. 9 Offices............................................................................................................................. 10 Public-Private Partnerships Five Principles for Success Introduction Public-private partnerships (P3s) are a proven infrastructure procurement approach for resourceconstrained government agencies around the world. P3s combine public sector infrastructure needs with private sector innovation and capital to deliver critical infrastructure projects. In the United States, state and Federal agencies face a variety of funding challenges for critical infrastructure, energy, and facilities projects. P3s are an increasingly important tool to address these challenges. Part of the reason that P3s have grown in importance and relevance is the experience gained by the private sector in creating these innovative partnerships, the lessons learned that come from this experience, and the willingness to deploy capital on infrastructure projects that result in economic growth and efficiencies. To derive these benefits, government agencies should create P3 programs that are transparent, consistent, and reliable; are based on a sound legal footing; ensure open and honest communication with the public, private industry, and key stakeholders; and have a program management office (PMO) that champions and leads partnership efforts. At a time when the United States defense, civil, and transportation infrastructures are in need of significant investment, government fiscal realities present seemingly insurmountable obstacles to that investment. The development and maintenance of defense, civil, and transportation infrastructures are critical to our continued economic growth, as the President made clear in his Memorandum for the Heads of Executive Departments and Agencies on “Expanding Public-Private Collaboration on Infrastructure Development and Financing” dated July 2014. In this document, the President said, "We must use every tool at our disposal to create jobs now and lay the foundation for future prosperity, including better collaboration between the public and private sectors with respect to infrastructure development and financing.” Government agencies need to continue efforts to find innovative and entrepreneurial avenues to satisfy infrastructure demands and make the business climate right for the development and implementation of P3 projects. Partnerships based on shared risks, rewards, and benefits, with the ultimate beneficiaries being all stakeholders—government agencies, private sector partners, and taxpayers—are the answer to investment needs in many cases. The challenge facing state and Federal agencies is developing P3 programs through careful planning, sound business modeling, and sustained leadership to ensure completion of efficient, effective, and successful partnership projects. This paper presents five fundamental principles that form the foundation for successful P3 programs: authority, consistency, transparency, communications, and focus. Background P3s are not a new concept. A P3 is a mature infrastructure and services procurement approach widely used in Europe, Canada, and many other nations around the world, and is a critical component of their infrastructure and public services programs. P3s in the United States are becoming more common at the state level and have been employed selectively at the Federal level to address specific infrastructure needs enabled by supporting legal authorities. The Ministry of Defence in the United Kingdom has experienced some excellent results from P3s. Almost all military equipment is acquired through some form of partnership. In infrastructure, a model program to develop partnerships to deliver and maintain facilities is helping to keep costs down for the public sector, produce jobs, and provide good returns on investment 1 for the private sector at major military installations. One instance is Her Majesty’s Naval Base Portsmouth. Here, a P3 provides shipbuilding and repair, all base services, housing, messing, communications, and logistics; produces 26,000 jobs for the region; and allows the sailors of the fleet to concentrate on their wartime mission.1 The history of P3s in the United States arguably reaches back to Benjamin Franklin and the first volunteer fire department and lending library in America. Certainly the turnpikes, canals, and early railroads of the 19th century are examples of close cooperation between the public and private sectors. In fact, the transportation sector offers many of the best success stories in modern-day P3s. Texas, Florida (with its recently opened Port of Miami Tunnel), Indiana, and Virginia all have positive records for P3 project completion. tolls with three or more vehicle occupants. With fewer occupants, drivers will pay varying tolls depending on the type of vehicle. The Route 460 Project will provide a basis for significant economic development through an additional access route for the Port of Virginia, as the Port prepares for the added business opportunities that larger shipping containers will bring in the very near future. This project will also provide a critically needed additional evacuation route for the region.2 Other projects, such as the Beltway Project (Interstate 495), Centralized Traffic Operations Centers, and the Rosslyn Air Rights Project, all have the same central theme throughout: delivery of important added benefits to all stakeholders, completion on time and on budget, and reliance on a strong P3 program for success. A key takeaway from these P3 projects is that they could not have been completed without private sector financing, technical implementation, and shared risk. Virginia offers particularly good examples of success. After use of P3s had declined for years, the Commonwealth introduced a new emphasis and focused approach to using P3s in its Department of Transportation. The Dulles Greenway Project leveraged $350 million in private financing to provide improved transportation in northern Virginia. To provide further perspective, the Commonwealth of Virginia has approximately $6.7 billion in P3 projects that are moving toward completion. The Downtown-Midtown Tunnel Project (between Portsmouth and Norfolk) involves the creation of a new tunnel and badly needed refurbishment of two existing tunnels currently more than 50 years old. The Commonwealth, along with its private sector partners, is leveraging $419 million in state funds to deliver a $2.1 billion project. The Tunnel Project will greatly improve the quality of life for users by decreasing their travel times by more than an hour per day on the most heavily traveled two-lane road east of the Mississippi river. The HOT (High Occupancy/Toll) Lanes Project between Dumphries and Springfield will provide motorists with significant options for quicker travel into and out of the Washington DC metroplex using Interstate I-95. To use the express lanes, drivers will have an electronic toll device (EZ Pass) and pay no The Department of Defense (DoD) started with the government-owned, company-operated concept of partnership in the 1940s with facilities (such as the famous “Skunk Works” in southern California) to develop weapons for World War II. In the 1990s, programs such as the Army Retooling and Manufacturing Support Program reduced the costs of ownership of an ammunition plant infrastructure to at or near $0. DoD’s housing and utilities privatization (UP) programs have proven very successful. The Military Housing Privatization Initiative (MHPI) was created in 1996 and made permanent in 2004 with statutory limits removed on the amount of private capital that could be invested in projects. MHPI allows DoD to work with developers to provide military family housing using financial tools such as loan guarantees, direct loans, equity investment, and property or facility leasing or conveyance. The result is that more than 190,000 new or extensively renovated homes now give military members and their families not just safe, but high-quality housing, allowing installation commanders to focus on their warfighting missions.3 The UP programs have provided positive results in reducing DoD's costs while improving infrastructure management. More recent efforts to encourage 1 3 http://www.naval-technology.com/projects/navalportportsmouth/ Legislative fact sheets, April 2013 http://www.acq.osd.mil/housing/projawarded.htm 2 Virginia 2 http://www.acq.osd.mil/housing/projawarded.htm renewable energy projects on military installations through P3s put DoD in a leadership position on renewable energy initiatives. All the P3s mentioned previously were driven by need. Budgetary challenges, infrastructure needs, mission changes, economic development, and similar drivers all played a role in developing the laws and policies that enabled these efforts. Those same drivers are in place today. DoD missions and weapons systems are in rapid evolution. Federal agencies remain under pressure to make spending cuts as they face flat or declining budgets. Aging infrastructure is a growing challenge for DoD, other Federal agencies, and state and community interests. P3 is an important procurement approach for addressing these challenges. But how do DoD and other Federal agencies further develop P3 programs that ensure efficient, effective, and successful partnership projects? Five Principles for Success The creation of a well-defined P3 program as an integral component of an agency acquisition strategy must be based on several factors. These include a sound legislative foundation, consistent business processes, targeted communications, and educational components that deliver the benefits and rewards to all stakeholders as required in a true partnership. Success in a P3 program is measured by the number of deals closed and projects completed without significant delays or overruns. A P3 program that can identify and keep a pipeline of projects moving toward closure in a timely manner builds momentum and confidence with all stakeholders. A successful P3 program leverages public investment with private financial support and action to create an end result that is greater than either the public agency or private enterprise alone could achieve. It fosters long-term relationships through good communication that produce a desire for all parties to continue working together. A P3 program conducted in this manner inspires public trust and goodwill. Booz Allen Hamilton's experience supporting and researching P3 programs reveals the following common set of principles essential for successful establishment and execution: 1.Authority: Provide sound supporting legislation and enabling policy 2.Consistency: Maintain consistent processes that all stakeholders can understand throughout all phases, and on all projects 3.Transparency: Be as transparent as possible throughout the process while respecting intellectual capital and the needs of procurement decision-making 4.Communications: Develop and implement a sound communication plan and never stop improving it 5.Focus: Establish a dedicated PMO with strong leadership and supporting capability that becomes the focal point for the establishment and operation of a partnership program. Let’s examine each of these principles in order. Authority Successful P3 programs in the United States have at their foundation, enabling legislation that catalyzes innovation and entrepreneurship. In the transportation area, Transportation Infrastructure Finance and Innovation Act (TIFIA) legislation has enabled Federal and state agencies to stand up and implement completed P3 projects along with creating a viable and usable pipeline of future projects, which will serve to stimulate continued private sector interest and creativity. For DoD, more than 20 different legal authorities enable installations to partner with various entities, from state and local governments through academia, the nonprofit sector, and private industry. Those authorities are enacted through policies set in Office of Management and Budget (OMB) circulars, defense policies and regulations, and the Federal Acquisition Regulation (FAR). While many aspects of those policies could be streamlined, a capable and 3 creative team, fueled by the attributes of innovation and entrepreneurship mentioned previously, can find the right authority and policy for almost any contingency. The DoD and other Federal agencies must think "outside the box” and learn to use their existing authorities more effectively, address and manage unnecessary policy obstacles, and build their programs to look like business offices. Following those actions, the agencies should go back to Congress for further clarification and integration of legislative authorities. Consistency Consistency in all components of a successful P3 program greatly enhances the probability of successful project identification, procurement, award, and completion. The golden rule is “do exactly as you promise” in all things. Consistency makes keeping those promises a much easier proposition from project concept through procurement to close. Consistency must be ingrained in all aspects of a P3 program—in policy guidelines, in processes from development to procurement, in strategic communications and planning, and post-award oversight and support. P3s are true partnerships whose risks are shared, whose rewards are spelled out, and whose benefits are clearly defined and recognizable to all stakeholders. Using a railroad analogy, policy and legislative authority are the tracks that P3s run on. The well-defined and consistent process is the fuel that maintains the forward momentum. The communication plan clears obstacles in the path of success, and information on the pipeline of planned projects draws in the private sector, creating interest and commitment to pursue project opportunities essential for future success. Consistent and timely messaging, action, and performance builds confidence in all program stakeholders, and these attributes are critical to providing the financial community with the comfort it needs to support deals. P3 programs suffer when there are project delays and when, without warning, a project is cancelled during the procurement stage. The private sector, in response to these inconsistencies and delays, becomes reluctant 4 to partner again with the public entity, and the public entity is forced to plan on reimbursement stipends to allow any future projects to be considered. Successful P3 programs match the private sector’s preparedness to deal with a "street-ready" project that has all obstacles accounted for and all risks managed with a proactive program ready to deal with contingencies and close the deal. Perhaps no application of consistency is more critical than methodical and thorough financial analysis. Ensuring project funding throughout the project life cycle—from concept through design, development, operations, and repair and replacement—is critical to all parties. The post-construction revenue stream must be reliable to support the private partner's debt service, current operations, and long-term maintenance, as well as be available as a sinking fund for future parts replacement. A well-planned and sufficient revenue stream has a direct bearing on stakeholder approvals, acceptance, and utilization, because the users of the infrastructure must understand why their tolls or fees are in place and appreciate the benefits that their support of the investment provides. Transparency P3s are an unknown entity to most stakeholders, agency personnel, businesses, regulators, legislatures, and the public. The private sector often does not fully understand the requirements of the public sector and vice versa. Therefore, to build trust and confidence, the P3 process must be as open and transparent as possible, and it must allow for continued improvements. The process must include input and oversight during all stages. While P3 transparency is always a critical component of successful partnerships, it must be balanced against the real proprietary interests of the private sector and the need for Federal agencies to have frank deliberations about the best value. The FAR allows for the protection of private sector intellectual capital and proprietary information, and provides a process for Federal agencies to use to deliberate about procurements in private with appropriate oversight and opportunities for appeal. The push for transparency should include due respect for those needs and processes while not allowing any attempts to use them to obfuscate or delay legitimate change. The project development process should address all due diligence, including analyses, project feasibility, and project viability, and should be communicated appropriately to all stakeholders. During the procurement stage, transparency should be confined to the appropriate governing bodies. The process should enable all the “homework” to be done upfront. The statement “meddle at your own peril” should be kept front and center, and should be interpreted to mean projects should be thoroughly analyzed and all requirements known or disclosed early. Transparency is lost in requirements that are developed late, or after procurement start, and creates consternation and concern within the private sector. Remember, time is money. The private sector needs to trust that its public partners will issue a project bid that has been well vetted internally, where the work scope is clearly defined and prepared for release, and the request for proposals is ready to go. The private sector has invested potentially large sums of money to study and prepare the bid response and has demonstrated its willingness to partner. Communications P3 is a new procurement tool to most United States stakeholders. P3s requires a different procurement process, different risk components, and higher benefit profiles for all stakeholders. P3s require different awareness and communication requirements for the key stakeholder segments. Public-private partnerships are not simply "P3" but "P5"—public, private, political, publicity partnerships. Successful P3 programs strongly depend on a concise, targeted communications strategy for each key internal and external stakeholder. Federal agency personnel must be educated on the value of P3, successes must be publicized, and the benefits to the agency must be constantly reinforced. Legislatures and governing bodies must be briefed on project selection, project prioritization, and importance to their constituents of the program for any given project. Legislative fact sheets and briefings are a consistent tool to be considered for this stakeholder segment. Local citizen organizations must be constantly mined for their input. Their support efforts must be reinforced with press releases and meetings with citizen groups to build consensus. Keys to success, regardless of the stakeholder, are to tailor the message for that listener by providing specific benefits and to answer the questions “what’s in it for me?” and "what's in it for us?" Focus P3 efforts require focused, sustained, consistent, and persistent work. An agency seeking to build a P3 program must be willing to invest in the development of a PMO based on a sound business model. This office becomes a focal point for the entire enterprise and must be staffed with strong leadership and an interdisciplinary team of people who are well versed in existing law and policy, private sector finance, risk management, procurement process, and deal-making, and, at the same time, are willing to innovate and question the status quo. P3 projects are complex and often have high political profiles. Such partnerships, therefore, need to be managed, processed, marketed, and communicated differently from traditional procurement methods. A PMO establishes the agency’s full-time commitment to its P3 program. If the public sector is asking the private sector to take financial risk, the public sector must be in lockstep to match the private sector’s level of commitment. A phrase that needs to disappear from the lexicon as Federal agencies move forward with their P3 programs is “we just don’t do it that way.” Agencies must be willing to scrap existing methods and put in place new, innovative procurement options that the private sector is familiar and comfortable with to reach the desired goals. The successful P3 PMO should create opportunities for hybrid working relationships between the public 5 and private components. As a program succeeds, P3 opportunities continue to be developed, and the competition for investor capital intensifies. Therefore, the development of a sound business model that meets an agency’s legal and business requirements is mandatory for a program’s success. Time is money, and the private sector will not invest its funds on a less than well-planned and positioned solicitation. The private sector will more readily partner when it is evident an agency’s planning and due diligence have resulted in a financeable opportunity. Desirable opportunities begin with potential project identification in which a simple, easy-to-understand project recognition process engenders private sector interest and involvement. A detailed and thorough project selection, project analysis, and value for money analysis that captures the value returned for both the public and investors not only attract private sector interest, but also set the framework for success. The importance of this upfront process is to create a business-to-business environment that is fair and equitable for all parties. P3 projects are more complex than most traditional procurements, and creation of that business-tobusiness platform will simply be good for project completion, help identify and mitigate risks, and alleviate uncertainty. The key to standing up a successful P3 program is dedication to the effort. These complex partnerships cannot be effectively administered without a dedicated and focused team. PMO staff makeup for P3s is different from a traditional Federal agency. A PMO staff charged with finding, analyzing, vetting, and delivering completed projects to the agency must be educated on elements of successful partnerships and include subject matter experts in all phases of partnership execution and delivery. For example, the staff in the Virginia Department of Transportation P3 office includes expertise in city planning, archeology, finance, mathematics, legal, marketing, business development, engineering, and marketing. Diversity in this type of organization is critical to success, because 6 no two P3 projects are identical, and to continue to be successful, these projects must be managed from many different viewpoints. A PMO, as discussed above, does not function as an island; it must be closely intertwined with the managing agency throughout the process to be able to deliver the project with all issues addressed. Using the good strategic communications strategy discussed previously is critical to creating a cross-functional team concept that gives all components of the agency “ownership” in the process. This ownership is a critical step to overcoming resistance. The final component needed for a successful PMO is the targeted use of external subject matter experts to supplement government agency staff. Access to outside consultants should be focused on adding specific expertise—legal, technical, financial, and commercial—that applies appropriate knowledge and experience to any given project. This diverse and deep interdisciplinary expertise is particularly important in public sector agencies, where there is less job mobility than in the private sector. Momentum: Critical for Success “A rising tide floats all boats” is an apt phrase to describe development of a successful P3 program. Building and sustaining momentum is perhaps the most critical factor in achieving success, and the key to building momentum is to award and complete projects. Program success is accomplished through the consistency and focus discussed earlier, but most important, through sustainment of a pipeline of proposed future projects. Envision a boardroom at an interested potential private sector partner. The conversation will center on what projects the board should target, not what the current agency policy is or other details. A program with a consistent process that offers well-researched future proposed projects sustains the interest and involvement of that board (or investors). Similarly, a robust pipeline of projects attracts the capital market. This pipeline is not simply a list of projects. Rather, it is a well-thought-out portfolio populated with thoroughly researched and prioritized business opportunities. The pipeline development process provides a very important opportunity to connect with all local and legislative stakeholders, and seeks to identify risks, obstacles, and opposition as early as possible. Such communication, coupled with thorough due diligence, may help prevent or circumvent delays later in the process. A strong public sector business environment creates private partner and investor interest in “what will they do next?” which is a key characteristic of effective pipeline development. Conclusion The P3 market is growing, particularly in the United States, because the timing, drivers, and conditions are right. Obstacles, such as lack of knowledge, misperceived value, and program misconceptions, must be addressed and overcome. A good business process and commitment based on the five fundamental principles of authority, consistency, transparency, communications, and focus yield positive results and build momentum for both public interest and needs, and private interest and investment bottom lines. P3—an innovative procurement approach that combines public sector needs with private sector innovation, financing, and capabilities to deliver key projects on time and under budget—is the tool of choice for meeting the critical infrastructure, energy, and facilities management challenges faced by the DoD and other Federal agencies today. 7 Contact Information: Dr. William D. Rowe, Jr. Principal rowe_william_jr@bah.com 703-902-5229 Carol Bailey Senior Associate bailey_carol@bah.com 703-412-7790 Tony Kinn Associate kinn_anthony@bah.com 434-975-8568 Jennifer Curtin Senior Associate curtin_jennifer@bah.com 301-535-8224 8 About Booz Allen Booz Allen Hamilton has been at the forefront of strategy and technology consulting for 100 years. Today, Booz Allen is a leading provider of management consulting, technology, and engineering services to the US government in defense, intelligence, and civil markets, and to major corporations and not-for-profit organizations. In the commercial sector, the firm serves US clients primarily in financial services, healthcare, and energy markets, and international clients primarily in the Middle East. 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