Legal Advice for Public-Private Partnerships in Puerto Rico
In Public-Private Partnerships (PPPs or P3s), public agencies and private entities contract to develop, fund and operate infrastructure facilities or provide public services. Private companies are able to pursue a business opportunity while public entities benefit by retaining control of the infrastructure assets and transferring risk to the private entity.
Recently, Puerto Rico adopted a Public Private Partnership Act to create the Public-Private Partnerships Authority (PPPA). The PPPA identifies PPP projects and negotiates contracts with all parties involved.
Is your company interested in bidding on a PPP contract? An experienced attorney can help you submit your bid, meet the formalities required by the government and negotiate with the PPPA and public agencies involved in the project. Our lawyers have worked on agreements among government and private entities involving toll bridges, aqueducts and other infrastructure/government development projects. We have a thorough understanding of the Public-Private Partnership Act and the bidding process.
Examples of Public-Private Partnership Projects
PPPs apply to all agencies and offices of the Puerto Rico government and can be used in the development, construction or operation of projects such as:
- Landfills and recycling plants
- Water distribution and water treatment plants
- Energy production plants, including creation of alternative energy
- Transportation systems on ground, sea and air (toll roads, waterways, etc.)
- Public facilities, including schools, hospitals, corrections and rehabilitation facilities
- Public interest housing
- Cultural, recreational and tourism establishments
- High technology and information systems
Meeting the Requirements for a PPP
The formation requirements for a Public Private Partnership are extensive. Interested private companies must submit a proposed contract, which must be approved by the PPPA, the Board of the Authority and the Board of Directors of the government entity involved and the Governor. There are minimum requirements that the PPP must have to move forward. The Public Private Partnership Group at GAC can help draft your company’s proposal and ensure that you meet all of the requirements for a PPP.
Members of the Public Private Partnership Law Group:
Alicia Lamboy-Mombille ∙ Myrna I. Lozada-Guzman
Our attorneys may collaborate with members of other practices at our firm to provide comprehensive solutions for individual clients.
Members of the firm appear on behalf of clients before U.S. federal and Puerto Rico courts and government agencies and in domestic and foreign transactions. GAC’s offices are in the American International Plaza Building in the heart of Hato Rey, San Juan, Puerto Rico’s financial district. If you would like to speak with a member of the firm or have any other question, please contact the firm to arrange a consultation with an attorney with the appropriate experience.