Broadband is critical to the economic development and vitality of communities across the United States. Given its importance, many local leaders are exploring how to expand the availability and adoption of robust, high-quality and affordable broadband services in their communities. To reach these goals, many municipalities have utilized partnerships with the private sector. While no partnership structure is exactly like another, there are some common models and best practices that communities should research before embarking on a broadband partnership.

This POWER PURCHASE AGREEMENT (this “Agreement”) is executed by and between [SELLER] (“Seller”), and the UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, acting by and through the BONNEVILLE POWER ADMINISTRATION (“BPA”). Both Seller and BPA are sometimes referred to herein individually as “Party” and collectively as “Parties.”

This guide presents key concepts for the structuring and development of legal contracts for highway transportation Public-Private Partnerships (PPPs) in the United States including sample wording for contract clauses. It is part of the broader effort by the FHWA to promote understanding of PPP transactions, which will include a document similar to this guide on availability payment contracts used in PPP transactions. 

Related Information:

Road Concessions, BOTs, DBOs, 

Tracking Reference:

Legal Aspects for Performance-Based Specifications for Highway Construction and Maintenance Contracts - TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 61, Transportation Research Board (TRB), July 2013

This publication explores how performance-based specifications differ from traditional design or method-based specifications and the risk allocation differencesbetween the these methods.  It includes a discussion of case law, commercial risks, and other aspects not often covered. 

Related Information: 

The Public-Private Partnership Law Review, Chapter 15: United States by Robert H. Edwards Jr., Randall F. Hafer, and Mark J. Riedy, Kilpatrick Townsend, Law Business Research, The Law Reviews, April 2015 

Long term lease and concession agreement for car park in Ohio State University of existing car parking system (including financing of some specific capital improvements)

US style agreement which is quite lengthy and detailed (128 pages long) but well drafted and clear

Date 2012

50 year lease and concession

The map on the link identifies 33 U.S. States, District of Columbia, and one U.S. territory that have enacted statutes that enable the use of various P3 approaches for the development of transportation infrastructure (but in some cases the legislation is broader and could cover other sub-national activities).  There is also a link to a toolkit.

Small Business Act of 18 July 1958 (Public Law 85-536, as amended on 17 January 2014)

The Small Business Act of 1958 was passed for the benefit of small business concerns. According to the Act the federal government must award 5% of its prime and subcontract dollars to women-owned small businesses. For more information on this aspect see Women-Owned Small Business (WOSB) Program - Contracting Officer's Guide to the WPSB Program. 

Related Information:

U.S. Small Business Administration, 2011.

The purpose of the guide is to provide an easy to use summary of the requirements of the WOSB Program.

Related Information:

Gender-Responsive PPP Legal Framework

One of the largest street furniture contracts; original term was 10 years (was extended for another 5 years in 2012). Contractor is responsible for the design, fabrication, installation, maintenance, operation, removal and dismantlement of various pieces of street furniture, including 2,175 bus shelters as well as bus supervisor shelters, newsstands, information kiosks and other street furniture structures at no cost for the City.