Military Facility Privatization

Perkins Coie has a seasoned, multidisciplinary team with extensive experience representing sponsors, financing parties, contractors and governmental entities in a variety of privatization projects and public-private partnership (also known as PPP or P3) transactions involving military facilities throughout the United States and overseas. Our experience spans a number of sectors, including the privatization of military assets ranging from energy, water and wastewater infrastructure to military housing communities and lodging facilities. We offer an extensive track record in effectively addressing a wide range of legal issues associated with these complex projects, working with our clients to formulate the terms, conditions, structures and strategies necessary to ensure the successful completion of any transaction.

Our attorneys have played principal roles in a diverse array of significant transactions involving Army, Air Force, Navy and Marine Corps facilities in both single and multiple installation and jurisdictional projects. A representative sample of our P3 and privatization project experience includes the representation of:

• A public-private partnership in the privatization of certain electrical infrastructure in Arizona for the U.S. Air Force.
• A public-private partnership in the privatization of certain water and wastewater infrastructure in Texas for the U.S. Army.
• Public-private partnerships in the development, construction, financing, operation and management of certain military housing and ancillary facilities in Arizona, California, Colorado, Hawaii and New Mexico for the U.S. Air Force.
• Public-private partnerships in the development, construction, financing, operation and management of certain military housing and ancillary facilities in Alaska and Hawaii for the U.S. Army. The Army Hawaii Family Housing transaction was named the North American PPP Deal of the Year by Project Finance magazine.
• Public-private partnerships in the development, construction, financing, operation and management of certain military housing and ancillary facilities in Massachusetts, New York, North Carolina and South Carolina for the U.S. Navy and the U.S. Marine Corps.
• A lender in the financing of a project involving the privatization of lodging and ancillary facilities at 11 Army installations across the United States.
• A public-private partnership in the financing of a project involving the privatization of lodging and ancillary facilities at an Army installation in Alaska.
• The contractor responsible for demolishing, designing and reconstructing privatized military housing facilities at a Navy base in Washington State.

With considerable experience in project development, project and public finance, real estate, environmental, construction, tax, government contracting, permitting and regulatory matters, Perkins Coie attorneys work together as a cohesive team to counsel clients with regard to the full spectrum of complex and challenging issues that can arise in military facility PPP and privatization transactions, including:

• application of governmental rules, regulations and practices;
• U.S. and international government contract matters, including procurement procedures;
• jurisdictional issues;
• federal, state and local tax issues;
• site selection and unique real estate and land use issues;
• development, construction, operating and management agreements and related licensing and regulatory matters;
• concession, joint venture, shareholder, limited liability company and other equity and governance arrangements between public and private sector participants;
• environmental impact assessments;
• environmental contamination, including Superfund issues;
• permitting and licensing matters;
• completion of loan and other financial assistance applications and related review processes;
• bank loans, capital markets and other funding sources;
• preparation of disclosure documents in capital market financings; and
• litigation risk assessments.