Commonwealth Competition Council of Virginia
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Competition Watch

Vol. 3, No. 2 June 1998

COUNCIL MEMBERSHIP EXPANDED  The 1998 General Assembly enacted HB1301 which expands the Council membership from 10 to 15 members. Effective July 1, 1998, the Council will be composed of four executive branch employees appointed by the Governor; two members of the House of Delegates appointed by the Speaker of the House; two members of the Senate appointed by the Senate Committee on Privileges and Elections; three members of the private sector appointed by the Governor; two private sector members appointed by the Speaker of the House; and two private sector members from the Small Business Commission appointed by the Senate Committee on Privileges and Elections.

The bill also eliminated the Private Enterprise Commission and transferred its duties to the Council. New definitions added by the bill are: commercial activity; commercial source; competitive process; fully allocated cost; and managed competition.

COMMERCIAL ACTIVITY SURVEY In April, the Council distributed to every executive branch agency a Privatization/Competition Manual which included an extensive list of "commercial activities." In July, the Council will be conducting a statewide survey, to be completed by the end of September, to determine the inventory of commercial activities that apply to the executive branch agencies, the results of which will be published in the Council's Annual Report.

OMB's Survey: Edward DeSeve, OMB's acting Deputy Director for Management, plans to ask members of the President's Management Council to develop a list of duties performed by government that might be outsourced to the private sector. The list could cover from data center operations to special software development projects. Federal agencies and industry then would compete for the work. By listing inherently nongovernmental services that could by put up for competition, the government could get the "best deal for the taxpayer," according to DeSeve. DeSeve expects agencies to have their lists completed by the end of October.

EMPLOYEE STOCK OWNERSHIP PLAN RECOGNITION The March issue of Competition Watch reported that the 1998 General Assembly unanimously passed a resolution (SJR No. 103) recognizing the importance of employee stock ownership plans (ESOPs) as an effective and viable privatization method for state and local governments. Referring to this resolution, The ESOP Association, based in Washington, D.C., states in the May 1998 issue of its ESOP Report that "the most significant approval of ESOPs from a state legislature in recent years was recently given by the Commonwealth of Virginia Legislature."

1998 EMPLOYEE OWNERS GIVE ESOPs POSITIVE MARKS For the sixth consecutive year, ESOP companies have given favorable marks to their ESOP and its effect on their companies' performance. In a survey recently conducted by The Employee Ownership Foundation of more than 500 companies with ESOPs, 82 percent of respondents said they thought their company made a "good decision that has helped the company." A majority of the respondents stated that their company's ESOP had improved employee productivity. The responses also indicated that their ESOP companies are thriving with improved performance and increased sales and profitability over the previous year.

THE BENEFITS OF COOPERATION PUBLIC-PRIVATE PARTNERSHIPS LEAD TO SUCCESS Each year in the United States billions of dollars owed to agencies of federal, state and local government go uncollected. Over the past few years this problem has precipitated the involvement of professional third party debt collectors to assist agencies in their struggle to collect these unpaid balances. To date, the results of this partnership have been successful. In 1996, Congress passed the Debt Collection Improvement Act of 1996 (DCIA). DCIA was established to maximize collections of delinquent debts by ensuring quick action to enforce debt recovery by relying on the expertise of private sector professionals. DCIA requires government agencies to turn over any debts older than 180 days to the Department of Treasury which refers those obligations to private firms for collection. Treasury has awarded contracts to 13 private collection agencies. These partnerships allow public employees the opportunity to concentrate on the administrative functions of their job, while turning the collection responsibilities over to seasoned professionals.

Dale Schmidt, a veteran in the government collection field, states that in discussing a partnership in which he was involved, "over the course of six months, we brought in $80,000 that they hadn't been able to collect before." Says Jim Durham, President of National Child Support Center, "by outsourcing the difficult cases to private collection agencies, child support enforcement offices can lower their backlog of cases their staff must deal with and enable them to devote their time to the cases they keep in house." Two directors of student financial services at major universities concur that when a student gets a call from a collection agency, the third party influence gets their attention and the student calls the university to work out a deal.

l l l l AND MORE ON PUBLIC-PRIVATE PARTNERSHIPS The concept of public-private partnerships has been around for decades. Recently, it has increasingly become the way large-scale development projects get done. The annual volume of public-private partnership development totaled about $25 million in 1997. In a partnership, a government agency sponsors the project and provides some type of funding and the developer is expected to provide the required equity and some portion of the debt and to manage the project, sharing in the returns.

"The public-private partnership is any arrangement between a government and private-capital investors in which partially or traditionally public activities are now performed on a for-profit basis by a private company," explains Roger Feldman, chairman of the National Council of Public-Private Partnerships (NCPPP). The movement has created opportunities for developers to participate in a 3 Competition Watch June 1998 number of high visibility projects, including the Times Square renovation in New York; a $193 million convention- center hotel in San Antonio; the $108 million Hyatt Regency Hotel in Chicago; and, the $338 million BancOne baseball stadium now going up in Phoenix.

One of the biggest public-private partnerships underway is the Queensway Bay project in Long Beach, California. This 300 acre, $550 million development includes an aquarium and retail, entertainment and recreational space. The city is providing some of the infrastructure and the private firm will develop 400,000 square feet of entertainment and retail space, plus the streets, sidewalks and utilities. One of the big merits of the public-private partnership is that it shifts a lot of the risk involved in a capital intensive development away from taxpayers onto the shoulders of private investors.

In its recent issue of Council Insights, the NCPPP informed its members of Senate Document No. 12 (1998), the ESOP study, and directed those interested in a copy of the report to contact the Council.

 

PRIVATIZATION BRIEFS

San Francisco - The board of the San Francisco Bay Area Rapid Transit system has received an unsolicited proposal from a Chicago developer to finance and build a new station on the Dublin/Pleasanton line. LaSalle Partners would build not only the station but also a hotel and convention center.

Seattle - The Seattle city council voted to transfer the operation of the city's waterfront aquarium from the city's parks department to a public-private partnership to oversee a $126 million expansion project that will triple the aquarium's size. The transfer allows the Seattle Aquarium Society to solicit private funds to finance the expansion project, which is expected to double the number of visitors to 1 million per year.

Colorado - The Colorado Department of Health Care Policy and Financing has awarded Maximus a two-year, $2.26 million contract to provide managed-care services for 190,000 participants in Colorado's Medicaid and Childrens's Basic Health Plan programs. Maximus will provide education and enrollment functions, customer service, materials distribution, and operation of a toll-free help line.

Pennsylvania - Officials in Cumberland County, Pennsylvania expect the county's Claremont Nursing and Rehabilitation Center to make a profit for the first time. They attribute the profit to efforts to make the nursing home more competitive with private facilities.

New York City - The State of New York has selected a joint venture to develop the 14th Street Armory. The partnership paid $15 million for the Armory and will build a 275,000 square-foot site that will include an entertainment complex, retail stores, and luxury condominiums.

Allegheny County, Pennsylvania - Ryder/MLS was awarded a two-year contract to provide maintenance services for Allegheny County's 776-vehicle fleet. The contract will save the county $293,000 during the first year and it guarantees 90 percent of all vehicles and equipment brought in for preventive maintenance will be serviced within 12 working hours of delivery.

"Privatization is a tool that can help public officials provide essential services in a cost-effective manner.  introducing competition and privatization to government services requires real cost imformation.  Privatization increases competition and competition increases productivity."

Competition Watch is published quarterly by the Commonwealth Competition Council. Information appearing in this newsletter is gathered from various sources. The Commonwealth Competition Council does not attest to the accuracy or authenticity of the information provided.

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