America’s infrastructure has not kept pace with society’s growing and shifting demands, having been underinvested in over the last several decades. The American Society of Civil Engineers recently graded the U.S. infrastructure system as a “D.” Bridges are structurally deficient; schools, prisons and hospitals are overcrowded; roads and rail systems need repairs; and the electric grid requires major upgrades and improvements.
Governments have an increasing need to improve aging roads, bridges and public works and to do so using scarce resources. The United States currently has an aggregate infrastructure funding gap estimated to exceed a trillion dollars; many experts calculate the national demand for infrastructure at $250 billion a year, with estimated resources to cover only 25 percent of that demand. The problem is likely to worsen as recent economic conditions have reduced the tax revenues available to fund infrastructure projects. The burden of this funding gap has largely fallen to state and local authorities and requires them to find creative ways to design, build, finance, operate and maintain infrastructure projects.
Public-private partnerships (P3) present at least one answer to this dilemma. Although this form of project delivery system has developed acceptance in the U.S. more slowly than anticipated, public entities have few options available to upgrade their undersized and/or outdated infrastructure.
Alston & Bird has built a cross-disciplinary team designed to provide comprehensive solutions to both government and private sector clients looking at P3 opportunities. In providing these services, we utilize the full resources of Alston & Bird, including transactional, public policy, regulatory, project finance, government contracts and construction.
Infrastructure & Public-Private Partnerships
- Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $5 million finance/design/build/own/operate/transfer (FDBOOT) state government office building in Cherokee County, Georgia.
- Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $ 5million FDBOOT government office building in Walton County, Georgia.
- Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $5 million FDBOOT state government office building in Douglas County, Georgia .
- Represented a developer in development, construction and financing of a $200 million 201 megawatt wind farm in Minnesota.
- Represented sponsors in all aspects of bridge financing and the negotiation of a $650 million subconcession to operate existing facilities and to design, build and operate the expanded facilities relating to the expansion of the El Dorado International Airport in Bogotá, Colombia.
- Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $5 million FDBOOT state government office building in Randolph County, Georgia.
- Represented a prospective bidder in all aspects of the analysis, comment and due diligence for a proposed $3.2 billion concession and bid package for the second tranche of roads in Mexico to be privatized under the FARAC II program.
- Represented a developer in connection with the bidding for solid waste facilities, including privatization of municipal solid waste systems in the northeastern United States.
- Represented a developer in all aspects of a $6 million acquisition, procurement, financing and construction of a FDBOOT correctional facility in Brantley County, Georgia.
- Represented a developer in all aspects of acquisition, procurement, financing and construction of a FDBOOT state government office building in Pulaski County, Georgia.
- Represented a developer in all aspects of acquisition, procurement, financing and construction of a FDBOOT state government office building in Gordon County, Georgia.
- Represented a developer in the negotiation of a DBFO and operate contract relating to a $26 million water desalination project in San Juan Capistrano, California.
- Represented an engineer/procure/construct (EPC) contractor in all aspects of the negotiation, procurement and project execution of a $40 million FDBOOT privatized wastewater treatment facility that produces marketable byproduct.
- Represented an EPC contractor in all aspects of the negotiation, procurement and project execution of a $50 million FDBOOT privatized wastewater treatment facility located in Hawaii that produces marketable byproduct.
- Represented an EPC contractor in all aspects of the negotiation, procurement and project execution of a $37 million FDBOOT privatized wastewater treatment facility in Florida that produces marketable byproduct.