Eliminating California’s obstacles to freedom of contract

Government Business, Government Finance

Article | July 12, 2022

In spite of a decline in contracting opportunities in state and local government, public officials are announcing dozens of new, large projects each week. The announcements usually include upcoming solicitations for new construction projects as well as renovation and upgrade projects. Because of population growth, many of the most recent announcements have expansion projects. Educational facilities need more classrooms, cities and counties need more office facilities, and economic development organizations have plans to develop more revenue-generating venues. Overall, it appears that contracting opportunities will not suffer much as a result of fewer solicitation documents that are anticipated over the near term. Here’s a sampling of what to anticipate in 2021. New York Broome County is planning a two-phase $180 million renovation project for the Floyd L. Maines Veterans Memorial Arena. The project will be a rather large one, and the first phase work has a projected cost of $58 million. That work will involve improvements and upgrades to the arena's current space. Phase two of the project carries an estimated cost of approximately $125 million. It will include construction of a second ice rink and a convention center, both of which will be linked to the current arena. The objective is to increase the number and type of activities that can be accommodated in this downtown. Accommodations will be made for e-sports, various types of tournaments and space for practice sessions by the American Hockey League Binghampton Devils. Phase two will also include another downtown hotel and a new park alongside the Susquehanna River. Formal solicitations for the project may be delayed until 2022, but interested contractors and/or partners will find no better time than now for positioning and pre-sales activities. Mississippi The Mississippi Legislature ended its yearly session with the approval of a bond bill in the amount of $291 million. This funding will be allocated for various types of projects. The sum of $13.5 million is earmarked for Mississippi Valley State University. The school will expand its student union building and upgrade other facilities. Another $13.5 million has been set aside for repairs to the state capitol building, grounds, and War Memorial building. Funding also will be provided to the city of Tupelo for repair, renovation, and expansion of the BancorpSouth Arena and Conference Center. Greene County will receive funding for the renovation and expansion of the county’s rural events center in Leakesville. Georgia The Georgia General Assembly’s final version of a $25.9 billion fiscal budget was adopted in June and it calls for making $70 million available for an expansion project related to the Savannah Convention Center. Another $10.24 million is allocated for infrastructure improvements to the Georgia World Congress Center in downtown Atlanta. The budget also will finance universities, colleges, and technical colleges. Specifically, $5 million is designated for renovations at the Driftmier Engineering Center at the University of Georgia’s main campus in Athens, $4.8 million for renovations to the Dublin Center and Library on the Dublin campus of Middle Georgia State University, and $4.5 million for renovations to the Memorial College Center on the Armstrong campus of Georgia Southern University in Savannah. Massachusetts An architecture firm will be selected to conduct a fast-tracked assessment of the Holyoke Soldier’s Home for an upcoming renovation and expansion project. The state of Massachusetts has designated 12 weeks for a firm to complete a needs assessment that will provide three scenarios for improvements that focus on infection control and needs of the residents. Planning for this project which is projected to cost approximately $116 million plan began years ago. The objective is to expand the facility with a five-story addition that provides 120 new private rooms. Oregon The Portland Public School Board plans to move forward with a $1.2 billion November bond election. If voters approve the bond package, there will be funding available for the modernization of Jefferson High School. Planning documents outline plans to fund design work and additional master planning. Initial implementation will include investments in the neighborhood schools surrounding Jefferson High School, pre-construction planning for the modernization of Cleveland and Wilson high schools, and final modernization of Benson Polytechnic High School. Indiana The Seymour ISD has announced plans to convert the Seymour Middle School Sixth Grade Center into an intermediate school for fifth- and sixth-grade students and also upgrade Seymour High School. Construction should begin in 2022 on this $52.45 million project. Objectives include the provision of additional classroom space, enhanced security, upgraded accessibility, and expansion opportunities for career and athletic programming. Enhancements and upgrades also will be made at the intermediate school. These include the construction of a new kitchen and cafeteria, administrative office, gymnasium, library, and band and choir rooms. The number of classrooms will be increased from 15 to 38. At the high school, a minimum of 25 new classrooms will be added and a corridor will be constructed to relieve congestion and create space for additional lockers. West Virginia The Greenbrier County Courthouse, built in 1837, is slated for an expansion project that will add approximately 22,000 square feet. The new annex, which will have an elevator, will be attached to the northern end of the current courthouse. The solicitation for construction is likely to begin in December. The construction project will include code upgrades and the upgrading of air conditioning equipment, sprinkler systems, and heating units. A secure elevator will be added in the existing courthouse to move prisoners. These projects are indicative of what can be found by researching upcoming contracting opportunities. Each new project also will require additional purchases related to technology, security, upgraded equipment, furniture, office supplies, landscaping, and numerous professional services. The government marketplace is still one of the hottest places to find abundant opportunities for private sector firms. Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.

Article | May 27, 2021

Wastewater is an integral part of public infrastructure, and contracting opportunities related to wastewater projects often represent multi-million-dollar efforts. However, because of their very nature, wastewater projects are often overlooked by companies. The projects, for some reason, rarely merit the type of visibility that road, bridge, and rail projects receive. The COVID-19 pandemic has curbed many things, including public initiatives, but numerous wastewater projects continue to be launched because they are considered critical. Almost all wastewater projects are necessary to either maintain or expand services that citizens must have without interruption. The following represents only a fraction of wastewater-related infrastructure project opportunities currently being planned throughout the U.S. Nebraska In June, the U.S. Department of Commerce’s Economic Development Administration awarded South Sioux City a $12.2 million grant for a wastewater treatment plant. The project, which will support business growth, will be launched in an area that suffered severe flood damage in 2019. The new plant will be built near an opportunity zone, and the grant, which will be matched with another $12.2 million in local funding, should result in the creation of about 60 jobs. This opportunity will move quickly because the completion date and the timeline established for full operation is less than two and a half years. Arizona The city of Buckeye has appropriated $3.1 million for construction of an additional discharge point for the Sundance Wastewater Reclamation Facility. Planning and design of the facility is scheduled to begin soon, and construction is planned for the city’s upcoming fiscal year. The city of Goodyear has announced plans to install wastewater collection lines as part of a 10-year infrastructure improvement plan which is necessary to support population growth. Funding for this project has been secured, and the city will invest more than $20.5 million in this particular construction project. Oklahoma One of the challenges with operating any wastewater treatment plant is odor control. In Oklahoma City, the water utilities trust has set aside $5.3 million in fiscal year 2021 to deal with that issue. Due to robust development within close proximity of treatment plants and lift stations, the city will install new odor control systems at various wastewater plants in areas where they are needed. To augment water supply and to expand the water reuse system, Oklahoma City also has planned other wastewater reuse improvements. A total of $31.4 million has been budgeted for these purposes. Oregon With the help of a $2.45 million Community Development Block Grant, the city of Ontario will, in the near future, enter the construction phase of a project to improve its wastewater system. The Oregon Department of Environmental Quality requires that wastewater discharge into the Snake River be at a limit for arsenic that is lower than the federal drinking water standard. To meet those requirements, the city has completed the final design and environmental assessment of wastewater system improvement needs and almost is ready to begin construction. Officials announced in July that funding has been secured. Minnesota In the city of Shakopee near Minneapolis, the Blue Lake Wastewater Treatment Plant produces Class A fertilizer. The decades-old wastewater solids drying facility is nearing the end of its useful life, and city officials have budgeted $3.1 million in plant design improvements for fiscal year 2021. The cost projection for the construction, which will follow quickly, has been estimated at $45.9 million. Completion of this project may extend over several years. The cities of Lake Elmo and Woodbury are collaborating on a project that will provide interceptor facilities to convey wastewater from portions of each city to the Metro Wastewater Treatment Plant in St. Paul. The estimated $5.6 million project budgeted for fiscal year 2021 calls for reconstruction of the Wilmes Lake force main. The project is critical because of population growth in this eastern portion of the Minneapolis metropolitan area. Both design and construction are scheduled to commence in fiscal year 2021. Texas The North Texas Municipal Water District, which serves customers in several DFW-area cities, has several wastewater projects slated for the summer and fall. The various projects include a $20 million improvement project for the South Mesquite Regional Wastewater Plant and a $50 million plus project to improve drainage at the Wilson Creek Regional Wastewater Plant. These projects are moving quickly, and interested contracting firms should seek more detailed information immediately. Washington The state’s Clean Water State Revolving Fund has awarded a $66 million low-interest loan to the city of Seattle for a Ship Canal Water Quality Project that consists of constructing a storage tunnel between the Ballard and Wallingford neighborhoods. The large-scale project will significantly reduce sewer outflows in the ship canal. The project, a joint effort between Seattle Public Utilities and the King County Department of Natural Resources, is slated for fiscal year 2021. The Eastsound Sewer and Water District has been granted $4.9 million from the Clean Water State Revolving Fund and has announced plans to upgrade its existing wastewater treatment facility. This project is necessary to address aging equipment, future flow and loading capacity, current standards for redundancy and reliability, and discharge permit requirements. This project also is scheduled for fiscal year 2021. Water, in all its many uses, is a precious asset, and when water issues are combined with environmental requirements, demand issues, or aging infrastructure, there is no option to delay necessary repair or expansion. Contracting opportunities for water projects throughout the country in the next decade will be exceedingly abundant. Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.

Government Business

Article | July 11, 2022

“Belonging to the essential nature of a thing; originating and included wholly within an organ or part.” That is the definition of “Intrinsic.” When we were developing the “IT Manhattan Project” framework, we were doing so in direct response to some of the most significant hacks in U.S. Federal history, which piled on to the already unprecedented push to expedite the modernizing of federal IT because of the COVID-19 response. The COVID-19 response shifted the way that the U.S. federal government operated, where our workforce worked from, the immediate need for mobile ‘available from anywhere’ workloads, and how to both secure and support that new way of doing federal business. A new, vigorous push towards rapidly modernizing federal IT environments was underway. Ultimately, it laid the groundwork for producing transformational federal memos and oversight by way of some of the following: Executive Order 14028: “Improving The Nation’s Cybersecurity” M-22-09: OMB’s Zero Trust Strategy M-22-09 NIST 800-53rev5: Fulfilling an expedited realization of the overall intent of NIST 800-53r5 through the emphasis on things like conditional access, TIC 3.0 frameworks, Secure Orchestration/Automation/Remediation, and modernized, agile approaches to secure micro-segmentation from Hybrid Environments up to Federal Cloud instances Overall mandates like these carry with them a consistent anthem driving at rapid IT modernization with rigorous proof of performance schedules attached. Piling on top of those Herculean efforts, the urgency was drastically increased by several of the highest profile cyber compromises in U.S. federal history. Rapid modernization had to happen right away. The time for IT transformation was here, backed by promises of significant funding and a high level of political visibility. The Shift to Zero Trust At their core intent, Zero Trust architectures are expected to provide a centralized policy structure that dictates how every individual flow in our IT environments are permitted to talk. No user, host, or flow is permitted without being subjected to rigorous authentication and authorization policy. This shifts our previous understanding of North-South, East-West traffic and how we police it. The foundational intent of Zero Trust architectures centers around applying unified policy to every transaction that occurs between enterprise resources, and doing so in ways that are agnostic to the IT Silo that they reside in. Zero Trust assumes there is no implicit trust granted to assets or user accounts based solely on their physical or network location.” NIST 800-207 aptly They go on to explain that the scope of this posture includes all assets, workflows, network accounts, and the like. In summary, police everything, abstract production traffic intent from the underlying infrastructure that supports it, and institute a unified security posture to execute the policing at every network entry point. Regardless of the domain. We all know that this is a tectonic but much-needed shift in our industry. I’d go so far as to say that the successful instantiation of this approach across Federal IT environments is critical to our national security going forward. Management Complexities Enterprise IT domains contain varied mixtures of OEM solutions, home-grown tools, and utilize a wide variety of protocols to intercommunicate that aren’t necessarily standardize. Each of these domains is normally managed by separate IT teams who specialize in maintaining those environments. In the federal landscape, each of these domains aren’t just managed by separate enterprise IT teams, but are commonly managed by different contractors. Therefore, IT security organizations have a difficult time achieving and maintaining the necessary operational awareness required to enforce centralized policy. These cultural complexities exacerbated by budgeting concerns have created a fatalistic mentality when it comes to far-reaching mandates. This is where the tectonic shift in architectural and administrative approach is so necessary. This is where multidomain architectures shine. Let’s define a common baseline of enterprise domains seen across traditional IT environments: Cloud Data Center Enterprise Networking Extended Enterprise (IoT, OT/ICS) Remote Access But to deliver a successful Zero Trust across the enterprise, it is first necessary to understand some foundational building blocks on which to construct our architectural approach: We can’t have MULTIDOMAIN POLICY without first achieving fuller We can’t deliver macro and micro-segmentation without first having robust MULTIDOMAIN We can’t have multi-vendor MULTIDOMAIN Zero Trust POLICY without sensical INTEGRATIONS to stitch each enterprise domain together. Let’s face it, enterprise IT environments don’t simply include infrastructure from a single manufacturer, or even a few key manufacturers. Rather, our Enterprise IT environments are represented by a plethora of IT manufacturers specializing in different niches of IT and the domains they are commonly found in. These environments are managed by different Federal IT organizations, different contractors who support these Federal IT organizations, and many different teams that support each common IT silo. Different teams that support oft-compartmentalized areas like Network Security Operations, Network Operations, Data Center Operations, Institutional Services, Wide Area Networking contracts, Operational Technologies, and dotted lines to different leadership oversight like CIO Programs, CTO Architecture, the Cyber Security Office, and the audit oversight bodies that they are subjected to. Each of these make up a complex support structure that isn’t necessarily streamlined for efficiency. Summary and Overarching Goals In articles to follow, you’ll see us referencing the IT Manhattan Project framework several times. Though many details of the framework can’t be discussed due to their sensitivity, the foundational principles are relevant across the board when pursuing intrinsic multidomain Zero Trust. Establish Visibility (Administration, Telemetry, Assurance) Define Straightforward Policy Structure and Hierarchy (Auth Chains) Perform Multidomain Integrations (API Integrations) Deploy Software-Defined Framework (Day-0, Programmable Fabrics, Multi-OEM Fabric Integrations) Establish Sensical Automation Runbooks (Day-2 Operations) We will also explore some areas that deliver unexpected value to the agency business in immediate ways. All of this will help create a cohesive story that helps CIOs, CISOs, and enterprise architects alike communicate the criticality of this multidomain Zero Trust approach to agency leaders across the federal spectrum.

Article | June 10, 2020

While Americans wait to see if Congress will pass an infrastructure bill, alternative funding and collaborative initiatives are becoming the norm. Even the recent announcement that the U.S. is now in a designated recession has not caused Congress to focus specifically on economic recovery. Economists, financial experts, industry leaders, and elected officials all know that funding large public projects stimulates the economy and creates jobs. They also know that throughout history, infrastructure reform has been a proven path to economic recovery. Currently, private sector investors stand ready to fund infrastructure projects in America and local government leaders are moving forward to launch projects of all types. Soon, there may be little need for Congress to do anything. The opportunity to lead in this area may soon be usurped by visionary regional leaders and private sector partners. Destruction brought on by climate change, the devastation resulting from COVID-19, cyber threats on public networks, lack of adequate broadband, and a desperate need for new sources of revenue – these are the problems that have forced visionary leaders to take action and not wait for Congress. Now, change is coming on strong, and that’s a very good thing! Airports are not waiting to launch critical and long-overdue expansions. State leaders already are combating rising seas and finding ways to install broadband. Wastewater plants are being constructed or upgraded, and various transportation projects are being launched. Because local leaders lacked the luxury of waiting to see if Congress would endorse or partly fund infrastructure projects, they found alternative funding sources. Congress could have, and should have, already passed an infrastructure bill, even if it only established guidelines or outlined best practices. The Canadian Council for Public Private Partnerships would have been a good model to follow. An endorsement or a statement of support from Congress related to public-private partnerships (P3s) would still be encouraging. But, with or without encouragement, regional leaders throughout the country are working with industry, nonprofit organizations, academia, and investors to launch large infrastructure projects. And, as that happens, local economies benefit and jobs are created. Entire communities and numbers of citizens benefit from the good that emanates from public safety, quality of life, asset preservation, sustainability, and taxpayer relief. But, to the surprise of no one, infrastructure projects are costly and many of them require a number of consolidated funding sources. Infrastructure projects also may be funded through a revenue repayment model that compensates private sector investors over a decade or two. Other projects are funded by bonds, grants, and federal programs such as the Tax Cuts and Jobs Act which incentivizes investment into designated Opportunity Zone regions of the country. Additionally, funding is still available from federal programs that have been in existence for decades. The Federal Emergency Management Agency (FEMA), Army Corps of Engineers, Department of Housing and Urban Development (HUD), and Community Development Block Grant programs all have funding that may be merged with other alternative funding sources. Many state legislatures have allocated funding for ‘rainy days’, emergencies and/or ‘resiliency’ efforts. Special Districts also may be created by cities, a process that authorizes citizens to tax themselves for critical infrastructure projects. Finding numerous funding sources is not difficult and not a hurdle that stops infrastructure reform. Two rather important issues, however, have slowed public acceptance of alternative funding and public-private partnerships – a lack of understanding by citizens about the cost and danger of not doing anything and the fact that the public at large does not completely understand the history or the success of P3s. Too many citizens view private sector investment into public projects as a new or risky concept, which is not the case. Collaborative initiatives have been responsible for the building of America’s infrastructure for more than 100 years. And, the public-private partnership model is common throughout the world and has been tested over many decades. Here are but a few examples of visionary infrastructure initiatives happening now in America. In Virginia, the Greene County Board of Supervisors has approved guidelines for establishing strategic public-private partnerships to develop numerous types of P3 projects in the county. This action will enable the Greene County School Board to enter P3s for the purpose of building educational facilities. Other possible projects likely will include landfills, drinking water production, and distribution systems. Projects also may include fire department facilities, education construction including stadiums, public safety buildings, utility and telecommunications initiatives, and broadband infrastructure. The University of California (UC) has provided a 2019-2025 Capital Finance Plan (CFP) that represents $52 billion of capital that will be required by the campuses and its medical centers. The CFP outlines plans for proposed capital projects, P3s and the acquisition of real property. UC has found the P3 model to be efficient, especially for campus housing. The Irvine campus has a long history of partnering with third-party entities to advance its strategic goals. The Yuma, Arizona City Council has approved a $51.4 million increase from last year for a Capital Improvement Program (CIP) budget. The city expects 45 percent of the costs to be obtained through grants, reimbursements, and P3s. The plan outlines 54 projects and funding plans of $20.3 million for projects in the Yuma Crossing National Heritage Area. The city also plans to augment funding with a federal grant and possibly private sector investment. It has scheduled a regional fiber optic infrastructure project for 2021 and has announced interest in a P3 engagement as the delivery model. Florida’s Palm Beach Town Council recently approved $316,380 for a water supply feasibility study. An engineering firm will address the town’s need to explore different ways to provide residents potable water. A plan to determine how to meet future water demand is the objective. One option under consideration is to enter into a public-private-partnership to accomplish this objective. Iowa State University is taking steps to become coal-free and reduce greenhouse gas emissions by 35 percent over the next three years. A P3 is being considered for the operation of its utility system. The university’s Board of Regents this month gave approval for a planning process to begin. The state of Nebraska is considering a public-private partnership to build a new 1,600-bed prison to deal with overcrowding and staffing issues. Cost of the new prison has been projected to be in the $200 million range or higher, and the state anticipates that a P3 will be the delivery method. The department announced that the project would potentially meet space needs for the next 100 years. These projects offer just a sampling of what is happening throughout America. State and local leaders are moving forward and not waiting for guidance or encouragement. Instead, most have grabbed the reins of America’s race to the future, and started to address the country’s infrastructure needs. That’s comforting, because there is much to be done. America’s global competitiveness truly hangs in the balance along with the well-being of millions of families impacted by unemployment. A recession is never good, but this one could be short. Here’s hoping the media, citizens at large, and others who understand the country’s critical infrastructure problems will find ways locally to step up and encourage other elected leaders to support this clear path out of the current recession. Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.