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Our Leadership in Public Private Partnerships, Enhanced Use Leasing, Privatization and Alternative Financing

When it comes to experience and expertise in understanding and structuring innovative means to encourage private sector development and investment in public facilities and infrastructure, the law firm of Simmons & Kushnir LLP is the industry leader. No other law firm has been involved in more transactions nor has more experience in structuring and implementing a successful public private partnership, enhanced use, or alternative financing transaction.

Our Commitment

The firm’s success in structuring and implementing more enhanced use leasing projects than any other national or international firm is underpinned by three main factors:

  • Extensive, and distinguished careers in a federal practice and public arena involving fiscal and budgetary law, federal real property law, federal acquisition and procurement law, environmental law, and small business administration with a keen understanding of business and finance;

  • Commitment to financial responsibility, integrity, and security in the business transaction;

  • Undivided commitment to place the CLIENT FIRST and provide our extensive government and business law capabilities toward achieving client goals in a cost effective manner.

Public Private Partnerships

In this practice area, our Partners:

  • First coined the term, "enhanced use leasing," in 1991 as a principle to guide federal agencies toward better stewardship in the management of their capital assets;

  • Were involved in development of the first securitization of outstanding loan portfolios resulting in over $30 billion returned to the Department of Veterans Affairs from previously problem and non-performing loans;

  • Were the first to recognize that the principles of best business practices in asset management demanded that federal agencies adopt approaches and protocols to better use underutilized assets whether such are real property assets and equipment, or financial assets such as loan portfolios;

  • Authored the enabling legislation in 1991 and were architects of the first federal department-wide program that to date has created over $500 Million in asset value from what was previously unused facilities and properties.

  • Authored the first military housing privatization programs known as the Section 801 Leased Housing Program and the Section 802 Guaranty Housing Program in 1984;

  • Structured the first enhanced use leasing, privately financed, developed and owned energy production plant on federal property in 1999. Since 1999, have been legal counsel to several subsequent transactions involving the development and financing of energy plants with the latest being a 2006 enhanced use energy plant at Ft. Detrick, Maryland;

  • Structured the first enhanced use leasing, privately financed and developed child care center in 1997;

  • Have participated and been legal counsel in more than 30 enhanced use leasing projects involving office buildings, energy plants, retail uses, clinical space, housing, parking garages, and research facilities.

  • Are currently involved in enhanced use leasing and alternatively financed projects with the military services  civilian agencies and domestic and foreign municipalities.

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