Nossaman LLP had a team of lawyers working with the bill’s drafters to encourage language friendly to P3s. Fred Kessler, a Nossaman partner, laid out the best case for P3s last month in Public Works Financing as the transportation bill was being drafted (PWF April 2012, p. 24). Here, he comments on the P3 provisions of MAP-21 as they emerged in the House-Senate conference bill approved on June 29.

Potential danger ahead? “The P3 industry needs to watch like a hawk what USDOT does with the new requirement for it to assemble and disseminate best P3 practices and standardized P3 transaction documents,” says Kessler, “and its authority to render advice and assistance on practices and methods “upon request.”

Will they use their tools to compel “requests” and start moving into greater federal control and regulation of P3s?  Does this presage future unwanted insinuation into state and local agency P3 procurements?

We all need to be wary and send a consistent, repeated message that this must not occur.”