public-public partnerships february 27, 2012. 2012 adc winter forum | page 2 public – public...

Public-Public PartnershipsFebruary 27, 2012

2012 ADC WINTER FORUM | PAGE 2

Public – Public PartnershipsBoot camp for Defense Communities

Craig Zgabay February 27, 2012


P4 Toolbox – Discussion Topics

Scope Legal Authorities Process Final Thoughts


P4 Scope

Facilities Land Use Utilities / Energy Emergency Services Environmental Transportation Education Workforce Others

Federal Government State Government Local Government Economic Development

Groups Industry Utilities Higher Education Others

Potential Functional Areas Potential Stakeholder Groups


Legal Authorities

1. Title 10 U.S.C. 2913 – Allows DoD organizations to enter into agreements for shared energy savings services.

2. Title 10 U.S.C. 2667 – Allows DoD organizations to lease non-excess property for non-defense uses in return for cash or in-kind services (Enhanced Use Leasing).

3. National Defense Authorization Act for FY 1995 – Demonstration legislation allowing DoD “assets” in Monterey County, California to acquire municipal services from government agencies located in that county.

4. National Defense Authorization Act for FY 2004 - Permanent legislation allowing DoD “assets” in Monterey County, California to acquire municipal services from government agencies located in that county.

5. DoDD 1000.11 – Directive permitting operation of financial institutions on DoD installations.

6. 31 U.S.C. 6305/10 U.S.C. 2371/15 U.S.C. 3710a – Cooperative Research and Development Agreements allowing for use of federal property and materials by non-federal government organization (public or private) for joint research purposes.

7. National Defense Appropriations Act of 1940 – paved the way for 1st government-owned, contractor-operated ordnance plant (GOCOs).

8. 15 U.S.C. 3706 – Permits Cooperative Agreements.

Authorities under which partnering (P4) may and has occurred include:


Legal Authorities

9. 10 USC 2684a – Permits DoD to enter into agreements to address the use or development of real property in the vicinity of a military installation or military airspace (REPI).

10. 10 USC 2694a – Permits DoD to convey surplus real property for conservation purposes.

11. 10 U.S.C. 18280 – Permits DoD to acquire a facility or addition to an existing facility through an exchange with a State, local government or private entity.

12. 10 U.S.C. 2869 (expired) – Permits DoD to convey real property at military installations to support military construction, or land acquisition to limit encroachments.

13. 15 U.S.C. 3715 – Permits federal agency to lend use of its lab facilities to state and local governments, and educational institutions to increase likelihood of success of activities conducted jointly with small businesses.

14. 10 U.S.C. 2194 – Permits DoD to loan, or to transfer surplus material and equipment, to educational institutions and certain nonprofits dedicated to improving science, mathematics and engineering education (U.S. locations only).

15. 10 U.S.C. 2539b – Permits DoD to make available to any person or entity, at an appropriate fee, the services of any Government laboratory, or sell, rent, lend or give samples for research purposes.

16. 10 U.S.C. 2681 – Permits DoD to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, charging at least enough to cover all direct costs incurred in rendering test or evaluation.

Authorities under which partnering (P4) may and has occurred include:


Legal Authorities - Example

Title 10 U.S.C. 2667 – Allows DoD organizations to lease non-excess property for non-defense uses in return for cash or in-kind services (Enhanced Use Leasing).

“... the Secretary is authorized to accept improvements, maintenance, protection, repair or restoration of the property by the lessee in payment of all or part of the consideration for the lease.”10USC 2667 (b)(5)



Create your own Special Legislation

Sec 816 National Defense Authorization Act for FY95 Demonstration Project on purchase of fire, security, police, public works, and utility services from local government agencies - 8/12/94

• Funding• Land &/or Facilities• Utilities• Knowledge/People• Equipment

Assess GoalsEstimate

Resources

Opportunity Concepts

Workforce

Education

Transportation

Environmental

Emergency Services

Utilities / Energy

Land Use

Facilities

Potential P4 Focus Areas

Prioritize

Costs & Benefits / Negotiations

• Financial & ROI• Legal & Political• Physical• Intangibles• Risk• Others

Term SheetsContracts

Inter-Service Support Agreements (ISSA)Leases

Cooperative AgreementsInter-Governmental Support Agreements

Power Purchase AgreementsOthers

• Revenue Enhancement

• Cost Reduction• Mission

Enhancement• Risk Reduction



Resources






Resources






Resources






Resources

Identification & Screening Methodology






Resources






Resources






Resources

Identification & Screening Methodology

• Revenue Enhancement• Cost Reduction• Mission Enhancement• Risk Reduction• Job Creation• Others

• Funding• Land &/or Facilities• Utilities• Knowledge/People• Equipment• Others


Resources

Federal Government

Other Stakeholders (Higher Ed, Utilities, Etc.)Industry

Economic Development GroupsState / Local Government

Process


Final Thoughts…

I know the organizations

that need to be involved

I understand the process & how to

start

I know my legal tools

I know where my capacities are and

my resource contributions

I know what I want and need

from a partnering agreement

What else am I missing?


Final Thoughts…

See the Big Picture Problem Solvers Expand-the-Pie Mindset Creative Innovative Great Communicators Win-Win Negotiators Long-Term Thinkers

The “Partnering” PeopleI know the attributes to the individuals who

will drive effective partnering

agreements

public-public partnerships february 27, 2012. 2012 adc winter forum | page 2 public – public...

Documents

expired permits dod

b permits dod

dod assets

dod organizations

dod installations

government agencies

development of real

use of federal property