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<section article="gsf" article_name="State Finance and Procurement" number="10A-301" title_number="10A" title_name="Public-Private Partnerships" subtitle_number="3" subtitle_name="Unsolicited Proposals">
  <level label="a">
    <text>A reporting agency may accept, reject, or evaluate an unsolicited proposal for a public–private partnership that will assist the reporting agency in implementing its functions in a manner consistent with State policy.</text>
  </level>
  <level label="b">
    <text>A reporting agency shall establish the process for determining whether an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>A reporting agency may establish by regulation an application fee for submitting an unsolicited proposal.</text>
    </level>
    <level label="2">
      <text>For an unsolicited proposal that does not address a project already in the State’s Capital Improvement Program or Consolidated Transportation Program planning documents, a reporting agency may require a higher application fee.</text>
    </level>
  </level>
  <level label="d">
    <text>If a reporting agency determines that an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency, the reporting agency shall:</text>
    <level label="1">
      <text>conduct a competitive solicitation process as described under Subtitle 2 of this title;</text>
    </level>
    <level label="2">
      <text>protect proprietary information included in the unsolicited proposal to the same extent proprietary information is protected under § 10A–203(b) of this title; and</text>
    </level>
    <level label="3">
      <text>comply with all of the other procedural requirements set forth in this title.</text>
    </level>
  </level>
  <level label="e">
    <text>An individual or firm that has submitted an unsolicited proposal under this title may participate in any subsequent competitive solicitation process.</text>
  </level>
</section>
