Best Public-Private Partnerships (PPP) Lawyers in Hillsboro

3. Local Laws Overview

In Hillsboro, PPP-like projects primarily operate under state public contracting laws with local implementation. The principal statutes and policies that govern PPP processes include:

• Oregon Revised Statutes ORS 279C - Public Contracts for Public Projects. This chapter governs procurement methods, bidding, contract award, protests, and performance management for public projects in Oregon, including Hillsboro. It is the main framework for competitive selection in PPP-type engagements.
• Oregon Revised Statutes ORS 279A - Public Contracts for Services. This chapter addresses procurement for services, including consulting, design, and management services often used in PPP arrangements.
• City of Hillsboro Procurement Policy - Local rules implementing the state public contracting framework for Hillsboro projects, including evaluation criteria, prequalification, and contract administration. These policies align with ORS 279C and 279A and may include project specific procedures for P3 or alternative delivery methods.

For current text and updates, refer to:

• Oregon Revised Statutes (ORS) public contracting overview
• ORS 279C - Public Contracts for Public Projects
• ORS 279A - Public Contracts for Services
• City of Hillsboro Procurement

“Public contracting rules require competitive bidding and clear protest procedures for public projects in Oregon.” - Oregon Legislature

4. Frequently Asked Questions

What is a public-private partnership in Hillsboro?

A PPP is a long-term contract between a public agency and a private partner to provide a service or build a project. The arrangement typically involves private financing and ongoing private operation or maintenance under public oversight.

What is the difference between PPP and traditional procurement?

PPP transfers some project risks to the private partner, often in exchange for long-term payments or concessions. Traditional procurement generally involves design and build by a public entity with separate ownership and operation later.

What is the typical timeline for a Hillsboro PPP procurement?

Timeline varies by project complexity, but expect several months for RFP development, two to six months for bid evaluation, and contract negotiations extending over months. Public protests can add weeks to the process.

Do I need to register as a vendor for Hillsboro PPP opportunities?

Yes. Local agencies typically require vendor registration to access RFPs, addenda, and procurement communications. Check the Hillsboro procurement page for registration steps.

How much does a PPP project cost the city and taxpayers?

Cost comes from capital, financing, maintenance, and lifecycle expenses. A well-structured PPP aims to reduce lifecycle costs and deliver predictable payments over the contract term.

What is the difference between design-build and PPP delivery in Hillsboro?

Design-build focuses on delivering design and construction in a single contract. A PPP may include financing, operation, and maintenance, with long-term performance obligations.

Can I protest a PPP award in Hillsboro?

Yes. A bidder or participant can file a protest under the applicable bid protest procedures, typically within a defined timeframe after award notices or critical procurement actions.

Do I qualify for local minority business or small business preferences?

Oregon and Hillsboro may offer local and minority business enterprise preferences under state procurement policies. Eligibility depends on certifications and project-specific rules.

Is there a standard contract template for Hillsboro PPPs?

No universal template exists; each PPP contract is project-specific. Legal counsel customizes terms for risk allocation, payments, and exit rights.

How long do PPP concessions or long-term contracts last?

Concession periods vary by project type and finance structure, commonly 20 to 40 years. The term aligns with financing maturity and service delivery commitments.

What should I review before signing a PPP contract?

Review payment mechanisms, risk transfer, performance guarantees, change orders, termination rights, and the process for contract amendments. Ensure regulatory compliance and dispute resolution provisions.

Do I need a Hillsboro-based solicitor or attorney for PPP work?

While not required, local counsel familiar with Oregon public contracting and Hillsboro procedures can help interpret local rules and coordinate with the city’s procurement team.

5. Additional Resources

• Oregon Department of Administrative Services (DAS) - Procurement Services - Oversees state and local public procurement policies, guidance on competitive bidding, and vendor registration. https://www.oregon.gov/das/pages/procurement.aspx
• City of Hillsboro - Procurement - Official Hillsboro page with procurement policies, bid opportunities, and vendor requirements for city projects. https://www.hillsboro-oregon.gov/departments/finance/procurement
• U.S. Small Business Administration (SBA) - Federal Contracting - Provides resources for small businesses seeking government contracts, bonding, and training relevant to public procurement. https://www.sba.gov/federal-contracting

6. Next Steps

1. Identify your project goals and timeline. Define what you want from a PPP, including service outcomes, financing needs, and desired risk allocation. Complete this before contacting counsel.
2. Consult a Hillsboro-experienced attorney. Engage a solicitor or attorney with Oregon public contracting experience to review your project approach and preliminary drafts. Schedule an initial assessment within 1-2 weeks.
3. Review the applicable law and local rules. Read ORS 279C and ORS 279A summaries and confirm Hillsboro’s procurement policies. Bookmark the official statutes for ongoing reference.
4. Prepare a preliminary procurement plan. Draft an RFP or RFQ framework that aligns with ORS requirements and Hillsboro procedures. Include evaluation criteria and protest rights.
5. Engage stakeholders early. Bring in finance, risk management, and operations teams to identify key performance indicators and long-term obligations.
6. Develop risk allocation and payment models. Outline responsibility for design, construction, financing, maintenance, and end-of-term transfer. Document contingency arrangements.
7. Monitor procurement milestones and changes. Maintain a living checklist of milestones, addenda, and bid responses. Prepare for amendments as needed.