PPP/PFI

We have been involved in a wide range of PPP/PFI projects and private sector outsourcing projects and bring a sound understanding of the interface between the public and private sectors.

PPP/PFI concerns the creation of a contractual framework, aiming to transfer the risks best managed by the private sector to the private sector. This has been a key part of our work on PPP projects and indeed on a wide variety of other procurement and outsourcing work which we have carried out for clients. Key to the success in all such projects is:

• Ensuring that risks are allocated correctly
• Bringing project funders into the process as early as possible to ensure that their concerns can be addressed
• Developing an output specification which matches risk transfer and the parties' aspirations
• Developing clear and precise performance indicators and payment mechanisms
• Ensuring there is an effective exit strategy on expiry or earlier termination

We bring a thorough understanding of the contractual frameworks within which procurement and PPP/PFI projects must operate and can add valuable input to:

• Pre-contract notices/documentation
• Procurement advice and analysis
• Bid evaluation, negotiation and close
• Employment/TUPE transfers
• Intellectual property, technology and data protection
• Facilities management and outsourcing
• Title acquisitions and transfers
• Project finance (Direct Agreements etc)
• Planning and environmental law advice
• Vires and local authority issues

Sector Experience

Education

PPP lead Partner, Keith Patterson, has advised a number of both public and private sector clients on schools projects including the successful bidders on both Glasgow and Edinburgh's schools projects on the structuring of sub-contract and interface arrangements

Advising Aberdeen City Council in the procurement of a batched schools project which will include the building or refurbishment of up to 15 schools procured by a 'not for dividend' structure, the project will be only the second of this type in Scotland.

Health

PPP lead Partner, Keith Patterson, has advised a significant number of NHS bodies and bidders on PFI projects including advising Lothian University Hospitals NHS Trust on the implementation of Edinburgh's New Royal Infirmary, advising Highland Primary Care NHS Trust on the new Invergordon Resource Centre and advising the successful bidder on the Dumfries and Galloway Maternity Facilities Project.

Advising NHS Forth Valley in the procurement of the new Clackmannanshire Community Hospital and Alloa Health Centre. This project involves the provision of facilities intended to facilitate joint working facilities with the local authority and the provision of GP accommodation.

Waste

Advising consortium company Dundee Energy Recycling Limited on all funding and corporate aspects of the Baldovie waste to energy project.

Advising North and South Lanarkshire Councils on joint management partnership aimed at delivering a long-term contract with a private sector service provider for the provision of waste management services to the Councils

This contract will assist the Councils in meeting their targets for reducing the amount of municipal waste going to landfill, in increasing the amount of waste which is reused or recycled, and in reducing the amount of waste being generated.

Defence

All advice to the MOD in respect of private sector involvement in engineering support and facilities management at HM Naval Base Clyde.

Property Outsourcing and Facilities Management

All advice to Telereal Group in respect of Scottish law and property aspects of outsourcing BT's UK real estate portfolio. (Project Warren).

All advice to Trillium Group in respect of Scottish law and property aspects of outsourcing of the Department of Social Security's UK real estate portfolio. (Project Prime).

Water & Sewerage

Advising private sector bidder The Vivendi Group in relation to the Levenmouth (Fife) waste water and sewerage treatment plant and the Aberdeen and Fraserburgh waste water and sewerage treatment plants including revisal and negotiation of draft Project Agreements provided by the East of Scotland Water Authorityand the North of Scotland Water Authority .