January 27, 2020

January 27, 2020

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New P3 Opportunities for Government Technology

Although public-private partnerships (P3s) are frequently associated with physical infrastructure, P3s are inherently flexible and can be utilized for the time and cost-effective delivery of virtually any public good or service, including software and other information technology. The private sector is constantly expanding and improving upon its government technology offerings (examples include recent advances in smart parking and real-time coordination technology for mass transit), and the public sector is beginning to see the benefit of procuring and maintaining these advanced systems through the P3 model. 

This legislative term, the Florida House and Senate are considering a bill (SB 332 / HB 607) that would expand the application of Florida’s P3 statute to information technology.  The bill broadly defines information technology to include software, hardware, networks, and numerous other forms of IT.    If adopted, the bill will become effective July 1, 2017, and will permit public agencies in Florida to utilize the flexible statutory framework to procure new technology through P3s.  The bill would also permit providers of government technology to develop their own creative solutions to governments’ technology needs and submit unsolicited proposals in order to jump-start the procurement process. 

Recent amendments to Florida’s public records laws exempt unsolicited proposals from mandatory public disclosure for a period of time.  Particularly in the government-technology industry, where firms closely guard their technology solutions and intellectual property, this exemption, which is currently up for renewal, is critical.  The exemption from disclosure affords a technology provider some comfort that its unsolicited proposal could not be utilized by its competitors to obtain an unfair competitive advantage. 

Although the bill under consideration should encourage new P3s for government technology, many local governments in Florida already permit the submission of unsolicited proposals for new technology solutions.  Both local governments and technology providers can currently take advantage of these existing provisions to introduce new technologies to the public in less time and at a reduced cost, as compared to traditional procurement and delivery methods. 

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About this Author

Albert Dotson, Bilzin Sumberg Law Firm, Real Estate and Land Development Attorney
Partner

Nationally recognized for his work on public-private partnerships (P3), Al's experience includes rail and transit facilities, airports, marinas, sports stadiums, convention centers, healthcare/life sciences facilities, educational institutions, water and sewer facilities, and parking structures.

Al is recognized throughout Florida for his work representing local, national, and international clients in responding to government contract solicitations and defending against, or prosecuting quasi-judicial and judicial bid protests.

305-350-2411
Anthony De Yurre, Bilzin, Real Estate Development Lawyer, Investment Strategies Attorney
Partner

Anthony De Yurre is a Partner in Bilzin Sumberg's Land Development & Government Relations Group. His practice focuses on the representation of real estate developers and investors in complex land use and zoning matters with a focus on transit-oriented development, large scale mixed-use development and public-private partnerships.

Anthony is an adjunct professor at the University of Miami Law School Master of Laws (LL.M.) in Real Property Development where he teaches “Problem Solving Large Scale, Mixed-Use Development”.  Upon graduating from Duke University and Vanderbilt Law, Anthony returned home to Miami and became one of only 400 attorneys to also earn a Master of Laws in Real Property Development from the University of Miami.  Anthony is also fluent in Spanish and Portuguese.

 

305-350-2404
Associate

Eric Singer is an Associate in the Government Relations & Land Development Group. His practice focuses on government procurement contracts and the development approval process, including planning and zoning applications, government approvals and permits. Eric also represents clients in quasi-judicial matters and has handled land use cases in state and federal courts at the trial and appellate levels.

305-350-2354