Title 10A. Public-Private Partnerships — Subtitle 2. Solicited Proposals

Except as provided in subparagraph (ii) of this paragraph, a reporting agency may not issue a public notice of solicitation for a public–private partnership until a presolicitation report concerning the proposed public–private partnership is submitted to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article.

A reporting agency may not issue a public notice of solicitation for a public–private partnership for a transportation facilities project, as defined in § 4–101(h) of the Transportation Article, until a presolicitation report concerning the proposed public–private partnership is submitted to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article.

The budget committees may not have more than 45 days to review and comment on the presolicitation report submitted in accordance with paragraph (1) of this subsection.

state the specific policy, operational, and financial reasons for pursuing a public–private partnership;

identify the anticipated value of the proposed public–private partnership, risks and benefits to the State, and any potential workforce, economic development, or environmental implications;

evaluate, if relevant and to the extent necessary, the risks and benefits of a public–private partnership, including benefits such as expedited asset delivery, cost savings, risk transfer, net new revenue, state–of–the–art techniques for asset development or operations, efficiency of operations, maintenance via innovative management techniques, and expertise in accessing and organizing the widest range of financial resources;

include, if relevant and to the extent possible, the following information prepared by the reporting agency, in consultation with the Department of Budget and Management:

withhold information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law, in accordance with § 4–335 of the General Provisions Article, relating to:

be posted online by the reporting agency during the review period in accordance with paragraph (2) of this subsection.

on the website of the reporting agency; or

on the website of the specific project if one has been established.

include a copy of the presolicitation report required under subsection (a) of this section;

describe the process for soliciting, evaluating, selecting, and awarding the public–private partnership;

include a preliminary solicitation schedule;

outline the organization and contents of the public notice of solicitation;

provide a summary of the key terms of the proposed public–private partnership agreement; and

include any other information or requests determined to be relevant by the reporting agency.

obtain comments and make revisions to solicitation documents;

obtain the best value for the State; and

ensure full understanding of:

provide for the reimbursement of a private entity based on the dollar value of a project, the value of any work product received from the private entity, or any other method for calculating such reimbursement; and

specify a maximum dollar amount that a reporting agency may reimburse a private entity for costs incurred under paragraph (1) of this subsection.

the private entity enters into a public–private partnership agreement with the reporting agency; and

the public–private partnership agreement entered into under item (i) of this paragraph is approved by the Board of Public Works.

a copy of the proposed agreement is submitted simultaneously to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article;

the State Treasurer, in coordination with the Comptroller, analyzes the impact on the State’s capital debt affordability limits of the proposed public–private partnership agreement;

the State Treasurer submits the analysis to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article; and

the budget committees have reviewed and commented on the agreement in accordance with paragraph (3) of this subsection.

The period for review, analysis, and comment under paragraphs (1) and (2) of this subsection may not exceed a total of 30 days from the date the proposed public–private partnership agreement is submitted simultaneously to the State Treasurer, the Comptroller, the budget committees, and the Department of Legislative Services.

The budget committees may facilitate a faster review and comment period by sending a letter to the Board of Public Works supporting a proposed public–private partnership agreement in advance of the expiration of the 30–day review period.

after consultation with the private entity, withhold information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law, including in accordance with § 4–335 of the General Provisions Article, relating to:

be posted online by the reporting agency during the 30–day review period in accordance with paragraph (2) of this subsection.

on the website of the reporting agency; or

on the website of the specific project if one has been established.