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. If the total value of a proposed public–private partnership reported in the presolicitation report under paragraph (b)(1) of this subsection exceeds $500,000,000, the budget committees may request an additional 15 days to review and comment on the presolicitation report. The request for additional time under this subparagraph shall: be made in writing to the Governor, the Department of Budget and Management, and the reporting agency; and include the reason for the request and any preliminary issues the budget committees have. A presolicitation report shall: 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: a preliminary analysis on debt affordability; a preliminary summary of the proposed solicitation process; and a statement of intention to use the exemption from the requirements of Division II of this article set forth in § 11–203 of this article; 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: confidential commercial information; confidential financial information; and trade secrets; and be posted online by the reporting agency during the review period in accordance with paragraph (2) of this subsection. The online location of the presolicitation report shall be: on the website of the reporting agency; or on the website of the specific project if one has been established. The reporting agency shall include in the Maryland Register a brief synopsis of, and a link to, the presolicitation report. After the budget committees’ review and comment period on the presolicitation report and before issuing a public notice of solicitation, a reporting agency shall seek the official designation by the Board of Public Works of the public infrastructure asset as a public–private partnership and approval of the solicitation method. The request for official designation and approval shall: 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.

If a reporting agency intends to establish a public–private partnership under § 10A–103 of this title, the reporting agency shall issue a public notice of solicitation for the public–private partnership. A private entity may be qualified as a bidder through a request for qualifications. After a bidder is qualified and at any time before the award of the public–private partnership agreement, a reporting agency may engage in discussions with qualified bidders. These discussions may be held to: obtain comments and make revisions to solicitation documents; obtain the best value for the State; and ensure full understanding of: the requirements of the State, as set forth in the request for proposals; and the proposal submitted by the bidder. For any private entity that responds to the public notice of solicitation, a reporting agency shall make a responsibility determination. If a private entity is composed of multiple subentities or partners, the reporting agency shall make a responsibility determination for each subentity or partner owning 20% or more of the entity. Any changes in the ownership composition of a public–private partnership, as described in subsection (d) of this section, require: a responsibility determination; 45 days’ notice to the budget committees; and approval by the Board of Public Works. A reporting agency may reimburse a private entity for the portion of the entity’s costs incurred in response to the solicitation of a public–private partnership. A reporting agency shall adopt regulations that establish the process for reimbursing a private entity under paragraph (1) of this subsection. Regulations adopted under paragraph (2) of this subsection shall: 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. A reporting agency may pay a private entity that submits an unsuccessful proposal for the right to use the private entity’s work product. A reporting agency may not reimburse a private entity for any portion of the costs incurred to develop a response to a public notice of solicitation if: 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.

Except as provided in paragraph (2) of this subsection, the Board of Public Works may not approve a public–private partnership agreement until: 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 Board of Public Works may not approve a public–private partnership agreement for a transportation facilities project, as defined in § 4–101(h) of the Transportation Article, until the proposed agreement is submitted to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article. 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. The proposed public–private partnership agreement made available to the public shall: 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: confidential commercial information; confidential financial information; and trade secrets; and be posted online by the reporting agency during the 30–day review period in accordance with paragraph (2) of this subsection. The online location of the proposed public–private partnership agreement shall be: on the website of the reporting agency; or on the website of the specific project if one has been established.

The reporting agency shall post the final public–private partnership agreement on the website of the reporting agency or the website of the specific project if one has been established. Information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law shall be withheld from the posted version of the final public–private partnership agreement in accordance with § 4–335 of the General Provisions Article relating to: a trade secret; confidential commercial information; and confidential financial information.