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.