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45 St. & Loc. L. News 1 (2021-2022)

handle is hein.journals/stlolane45 and id is 1 raw text is: )ek Vol.45, No. 1, Fall 2021 LOCAL LAW The Section serves as a collegialforum for its members, the profession, and the public to provide leadership and educational resources in urban, state, local, and tribal government law andpolicy. Contracting in a New World Requires New Tools ByJarrod D. Blue and Rita McNeil Danish he year 2020 was one that many of us would not like to repeat. Despite the many challenges that the year has brought, it has forced governments at all levels, private businesses, and non-profits to evaluate how contracts are formed and to evaluate how new business ventures may be achieved. These organizations must evaluate new business ventures in a world that is very different-with a new White House administration, a dynamic economic environment with shifts in demand and supply, the variable impacts of the coronavirus pandemic on the world, and a social justice awakening reverberating across the United States. Busi- nesses and governments are now tasked with pursuing new projects that balance the changing economic and social cli- mate of the United States. In the case of procurement lawyers, it is essential to make certain that the best contracting tools are utilized to tackle Jarrod D. Blue is a Strategic Partnership Agreements Administrator at Oak Ridge (TN) NationalLaboratory,. He is Co-Chair of the Membership Committee of the ABA's Public Contract Law Section. Rita McNeil Danish is a Partner at the law firm of Taft, Stettinius & Hollister in Columbus, OH, as well as the Principal of the Columbus- area JD2 Strategists LLC. She is the Chair of Public Contracting Section of the ABA Section of State and Local Government Law. new business opportunities. Popular contracting tools like public-private partnerships and tax incrementing financing (TIFs) have their place in the public contracting sphere, but they are subject to scrutiny in a new economic and social world. A public-private partnership involves a long-term con- tract between a public entity and a private entity for the delivery of public services, or the development of infra- structure (e.g., roads, buildings, etc.), where the private party assumes substantial financial, technical, and operational risk in the project.' Public-private partnerships offer the oppor- tunity to take advantage of the strengths of either entity for an economic or technical benefit. Specifically, public-private partnerships provide the benefit of shared cost, increased project speed, risk-sharing, and accounts for maintenance cost.' However, a disadvantage of public-private partnerships is the potential to stymie the participation of small- and medium-sized businesses, and lead to a lack of competi- tion. The complexity of public-private partnerships results from the bundling of various project phases. The bundling of project phases does not allow for small and minority busi- ness owners to engage in the procurement process as they continued on page 14 Chair's Message, page 3 - Section News -ABA Files Comments in Regard to Florida Supreme Court Opinion that Impacts CLE Programs, page 2 -43rd Annual Entertainment & Sports Conference (Hybrid), page 4 -National Institute on Resiliency, page 6 -Jefferson B. Fordham Award Winners, page 7 -2020-2021 Law Student Awards, page 8 -State & Local Law's Margaret Brent Women Lawyers of Achievement Award Winner, page 9 - Contracting in a New World Requires New Tools, page 1 - Member News, page 9 - Reining in Implicit Bias, page 10 Published in State & Locol Law News, Volume 45, Number 1, Fall 2021. © 2021 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. 1

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