Best Public-Private Partnerships (PPP) Lawyers in Aurora

1. About Public-Private Partnerships (PPP) Law in Aurora, United States

Public-Private Partnerships (PPP) are long-term collaborations between government agencies and private sector partners to deliver public infrastructure and services. In Aurora, PPPs typically involve a private partner financing, designing, building, operating or maintaining a project under a concession or contract with the city. The arrangement shifts certain risks and rewards between the public and private sectors, and payments or revenue streams are often linked to performance outcomes.

In Colorado, public contracts and PPPs are shaped by state procurement law and municipal procurement rules. Aurora must comply with the Colorado Procurement Code and the City’s own contracting policies when pursuing PPP arrangements. This ensures transparency, competitive bidding, and enforceable performance guarantees. Key governance is achieved through statutory procurement frameworks and local charter provisions.

“Public-Private Partnerships provide a mechanism for leveraging private capital while maintaining public accountability for essential services.”

For Aurora projects, common PPP structures include design-build-finance-operate-maintain (DBFOM), concession agreements, and long-term operations contracts. Each structure allocates design, construction, maintenance, and risk in different ways, so careful contract drafting is essential. Sources on these frameworks include official state procurement guidance and federal PPP resources for context and best practices.

Sources and official references you can consult include the Colorado Procurement Code and Aurora’s procurement policies. See the Colorado General Assembly and governmental procurement resources for authoritative definitions and procedures:

Colorado Revised Statutes - Colorado Procurement Code

City of Aurora Procurement and Contracting Policies

U.S. Department of Transportation Build America Bureau - PPP guidance

2. Why You May Need a Lawyer

These Aurora-specific scenarios show why you should hire an attorney with PPP experience. Each situation involves complex procurement rules, risk allocation, and long-term obligations.

• City-wide water treatment PPP - Aurora considers a DBFOM contract for a new treatment facility. You need counsel to draft performance guarantees, ensure force majeure and termination rights are balanced, and validate revenue streams and debt service coverage.
• Concession for public parking or tolling facilities - A private partner proposes a long-term concession. You require help negotiating concession terms, revenue sharing, tariff controls, and public access guarantees while preserving public oversight.
• Bid protests under Colorado procurement rules - A competing bidder challenges the award. An attorney can assess bid evaluation criteria, resolve protests, and preserve the procurement timeline under state law.
• Equity and labor compliance in a PPP project - Aurora wants to ensure local jobs, prevailing wage, and minority-owned business participation. Counsel reviews contractor obligations and compliance programs to meet public procurement standards.
• Environmental and land use integration - A PPP involves land use changes and environmental reviews. An attorney coordinates with planning, zoning, and environmental authorities to avoid delays and ensure permits are aligned with the PPP timeline.
• Financing coordination with state and federal programs - A PPP project uses multiple funding sources. You need an attorney to align the contract with state procurement rules and federal financing requirements.

3. Local Laws Overview

• Colorado Procurement Code (C.R.S. 24-101-101 et seq.) - Governs how state and local governments in Colorado award contracts for public projects, including PPPs. It sets bidding rules, bid protests, contract terms, and disclosure requirements. Effective through current amendments; always verify the latest revision.
• Aurora Municipal Code - Purchasing and Contracts - Aurora’s city level rules for procurement, competitive bidding, contract administration, and vendor selection apply to PPP transactions carried out by the city. Local rules can create specific requirements beyond state law.
• Aurora City Charter - Establishes the city’s authority to incur debt, enter contracts, and authorize intergovernmental and private sector partnerships. It provides the framework for municipal governance of PPP projects.

Recent trends in public procurement in Colorado emphasize transparency, competition, and accountability in PPP-related procurements. In practice, Aurora relies on these links to integrate local procedures with state law. For authoritative, up-to-date text, review the following official sources:

Colorado Revised Statutes - Public Procurement

City of Aurora - Procurement and Contracts

“Public procurement reforms continue to elevate transparency and fairness in PPP transactions and bid processes.”

4. Frequently Asked Questions

What is Public-Private Partnership in Aurora?

A PPP in Aurora is a long-term collaboration between the city and a private partner to deliver a public project or service, with shared risks and rewards.

How do I start a PPP procurement in Aurora?

Begin with a project feasibility study, define objectives, select a procurement method, and assemble a cross-functional stakeholder team before issuing a request for proposals.

What is a DBFOM contract?

A DBFOM contract assigns design, build, finance, operate, and maintain responsibilities to a private partner for a defined period.

Do I need a Colorado-licensed attorney for PPP work?

Yes. Local and state procurement rules demand counsel with experience in public contracts, risk allocation, and compliance obligations.

How long does a typical Aurora PPP procurement take?

Typical timelines range from 12 to 36 months, depending on project complexity, environmental reviews, and bid protest handling.

Can a PPP cover transportation projects in Aurora?

Yes. Transportation, water, and facilities projects are common PPP targets, subject to state procurement and city approvals.

Should I involve the city council early?

Yes. Early involvement helps align the project with policy objectives and secures necessary approvals and budget authority.

Do I need environmental reviews for PPPs?

Often yes. Major infrastructure projects may require environmental assessments or impact statements under state and federal laws.

Is arbitration or litigation used to resolve PPP disputes?

Most PPP contracts include dispute resolution provisions, typically favoring negotiated settlements, with arbitration or litigation as last resorts.

How much does it cost to hire a PPP attorney?

Costs vary by project scope, but expect hourly rates for senior PPP attorneys and potential fixed-fee milestones for drafting and negotiations.

What is the difference between PPP and traditional procurement?

PPPs involve private financing and long-term performance obligations, whereas traditional procurement generally limits private involvement to construction or services with separate financing.

Do bid protests delay the project?

Yes. A bid protest can pause procurement timelines until a decision is issued or resolved through escalation channels per state rules.

5. Additional Resources

• City of Aurora - Procurement and Contracts - Official city page detailing procurement processes, bidding opportunities, and contract administration for Aurora projects. Function: administers city contracts and PPP solicitations.
• Colorado Department of Local Affairs (DOLA) - Provides guidance, financing tools, and technical support to local governments pursuing PPPs and infrastructure projects. Function: supports local government planning, financing, and governance related to PPPs.
• U.S. Department of Transportation Build America Bureau - Federal financing and guidance for PPP projects, including project delivery and financing options. Function: administers federal PPP programs and advisory services to states and municipalities.

Official sources:

City of Aurora - Procurement and Contracts

Colorado Department of Local Affairs

U.S. Department of Transportation Build America Bureau

6. Next Steps

1. Define project scope and objectives - Outline the expected public outcomes, service levels, and performance metrics. Timeline: 1-2 weeks for a first draft and executive review.
2. Map stakeholders and governance - Identify city departments, the city attorney, finance, planning, and community representatives. Timeline: 2-3 weeks.
3. Engage a PPP-focused attorney - Hire an attorney with experience in Aurora and Colorado PPP procurements to assess feasibility and draft RFPs. Timeline: 2-6 weeks to interview and finalize candidacy.
4. Develop a procurement strategy - Decide whether to use DBFOM, concession, or other PPP structures; prepare high level risk allocations. Timeline: 3-6 weeks.
5. Draft the procurement documents - Prepare RFP/RFQ, evaluation criteria, and contract templates with milestones. Timeline: 6-12 weeks.
6. Issue proposals and manage the process - Run the procurement, evaluate bids, and manage bidder questions. Timeline: 3-6 months, plus potential protests.
7. Negotiate and finalize the PPP contract - Negotiate terms on risk transfer, performance guarantees, pricing, and dispute resolution. Timeline: 4-12 weeks depending on complexity.
8. Obtain approvals and initiate implementation - Secure council or board approval, financing, and permits before execution. Timeline: 1-3 months post-negotiation.