These regulations set out procedures for filing requests with the Department of General Services for the inspection and copying of records under State Government Article, §§10-611—10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when that access is allowed by law, by minimizing costs and time delays to persons requesting information. “Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland. “Applicant” means a person requesting disclosure of public records. “Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department. “Department” means the Department of General Services. “Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian of the Department's records. “Public records” means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics. Public records includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department. “Secretary” means the Secretary of General Services. “Working day” means a day other than Saturday, Sunday, or State holiday. “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics. Any person may request to inspect or copy public records of the Department. Inspections. Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that the Act, or any other law, may prevent the disclosure of the record to the applicant, or that a written request will materially assist the Department in responding to the request. Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought. A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary. If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information. If the custodian decides to deny the written request, he shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant. With the consent of the applicant, any time limit imposed by §§A—C, of this regulation, may be extended for an additional period not to exceed 30 days. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant. If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying. If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Secretary and the hearing shall be governed by State Government Article, Title 10, Subtitle 2. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under §10-623 of the Act. If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy. If, in the opinion of the official custodian, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure. The fee schedule for copying and certifying copies of records is as follows: Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the fee for copies will be based on the actual cost of reproduction. Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page shall be charged. Minimum Fee Charged. A charge will not be made if the total amount of the fee would be $1 or less. Notwithstanding §A, of this regulation, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged. If the custodian is unable to copy a record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy. Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record. Except as provided in §F, of this regulation, the official custodian may charge reasonable fees for official or employee time expended searching for requested records or for any time expended preparing records for inspection and copying. The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information. Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant. An applicant may inspect any public record that he is entitled to inspect during the normal working hours of the Department. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient. State Government Article, §§10-611—10-630, Annotated Code of Maryland Effective date: January 30, 1975 (2:4 Md. R. 222) Chapter recodified from COMAR 04.03.01 to 04.01.01 Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5) Chapter adopted effective November 9, 1982 (9:22 Md. R. 2196) Regulation .13A amended effective October 31, 2011 (38:22 Md. R. 1344) Any interested person may file a petition with the Secretary to adopt a new regulation under the laws administered by the Department of General Services or the amendment or repeal of any existing regulation issued under those laws. The petition shall be submitted in writing and shall provide the following information: The full text of a proposed regulation or regulations. The identification and the full text of an existing regulation or regulations, as proposed to be amended, indicating proposed changes. The identification of the regulation or regulations for which repeal is sought. A statement in support of the proposal made. This statement shall: Make reference to the statutory basis for the proposal, including, when appropriate, judicial and administrative interpretations of the statute or statutes in question; Include specific objections to existing regulations, practices, or interpretations; and Set forth the policy considerations which support adoption of the proposal. A statement describing in detail the interest of the petitioner in making the proposal. This description shall include a statement as to whether the proposal is intended to affect the consequences of any transaction or transactions entered into or contemplated by the petitioner, its vendors, customers, clients, or any person upon whose request or upon whose behalf the proposal is made, which are known by the petitioner to be the subject of an inquiry of the Department of General Services and shall contain an explanation of the circumstances surrounding the inquiry, if any. Within 60 days after submission of a petition, the Secretary of the Department of General Services shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings. If a petition is denied, another petition substantially the same as the one denied within the past 6 months will not be accepted for review unless circumstances, as determined solely by the Department, warrant otherwise. State Government Article, § 10-123, Annotated Code of Maryland Effective date: November 9, 1982 (9:22 Md. R. 2196) Any interested person may file with the Secretary of the Department of General Services a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of the laws administered by the Department and regulations set forth in Title 04 of COMAR. A petition for declaratory ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall contain a detailed statement of the facts on which the petition is based, shall set forth fully the statutes, regulations, or judicial decisions relevant to the issue, and shall pose the question of whether, and in what manner, the statutes, regulations, or judicial decisions apply to the petitioner under the facts outlined in the petition. In addition, the petition shall contain a statement describing in detail the interest of the petitioner in making the request for the declaratory ruling. This description shall include a statement as to whether the declaratory ruling sought is intended to affect the consequences of any transaction or transactions entered into or contemplated by the petitioner, its vendors, customers, clients, or any person upon whose request or upon whose behalf the declaratory ruling is sought, which are known by the petitioner to be the subject of an inquiry of the Department of General Services and shall contain an explanation of the circumstances surrounding the inquiry, if any. The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested. The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation. As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby, entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time. The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling. State Government Article, §10-304, Annotated Code of Maryland Effective date: November 9, 1982 (9:22 Md. R. 2196) These regulations set out procedures which govern the form and method for submission of an annual report to the Department of General Services which describes personal records kept by a unit or instrumentality of the State government. The following terms have the meanings indicated. Terms Defined. “Personal record” means a public record that names or, with reasonable certainty, otherwise identifies an individual by an identifying factor such as: An address; A description; A finger or voice print; A number; or A picture. “Secretary” means the Secretary of General Services or the Secretary's designee. A unit or instrumentality of the State government which keeps personal records shall submit an annual report to the Secretary. This regulation does not apply to a: Unit in the Legislative branch of State government; Unit in the Judicial branch of State government; or Board of license commissioners. The annual report shall state: The name of the unit or instrumentality; For each set of the personal records: The name, The location, and If a subunit keeps the set, the name of the subunit; For each set of personal records that has not been previously reported: The category of individuals to whom the set applies, A brief description of the types of information the set contains, The major uses and purposes of the information, By category, the source of information for the set, and The policies and procedures of the unit or instrumentality as to access and challenges to the personal record by the person in interest and storage, retrieval, retention, disposal, and security, including controls on access; For each set of personal records that has been disposed of or changed significantly since the unit or instrumentality last submitted a report, the information required under §C(3) of this regulation. A unit or instrumentality that has two or more sets of personal records may combine the personal records in the report only if the character of the personal records is highly similar. The Secretary shall develop and issue forms and instructions annually which enable units and instrumentalities of State government, other than those identified in Regulation .03B, to comply with the requirements of this chapter. The Secretary shall request, by June 1 of each year, a fiscal year annual report of personal records. The report shall be due within 60 days of the Secretary's request. The Secretary shall make the annual report available for public inspection in accordance with COMAR 04.01.01. State Government Article, §10-624 Annotated Code of Maryland Effective date: Regulations .01—.05 effective October 6, 1986 (13:20 Md. R. 2207) The purpose of this chapter is to: Establish a Department of General Services Public-Private Partnership Program (Program) to enhance the State’s non-transit infrastructure assets; and Describe and provide a process for the development, solicitation, evaluation, award, and delivery of Public-Private Partnerships in the Department’s Program. In accordance with State Finance and Procurement Article, §10A-101 (g)(1), Annotated Code of Maryland, the Department is a reporting agency that may establish Public-Private Partnerships and execute Public-Private Partnership agreements in connection with any public infrastructure assets for which it is responsible. Within the Department, the Secretary may establish a Public-Private Partnership operational unit and/or designate an employee of the Department to administer the Department’s Program. In this chapter, the following terms have the meanings indicated. Terms Defined. “Budget Committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Department” means the Department of General Services. “Industry forum” means a pre-solicitation information gathering event that may include public and private sector participants. “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities. “Internal sponsor” means the senior manager or executive staff member of the Department of General Services that will serve as the primary support, or advocate, for the proposed project being submitted for consideration. “Multi-step solicitation process” means a Public-Private Partnership solicitation process that includes some or all of the following steps: Issuance of a Request for Information (RFI); Issuance of a request for qualifications; Pre-proposal conference; Issuance of a draft request for proposals; Industry review meetings; and Issuance of a final request for proposals. “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Program” means the structure, process, methodology, and terms and conditions applicable to the Department’s development, solicitation, evaluation, award, and delivery of non-transit public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Project Committee” is the Public-Private Infrastructure Project Committee established to advise the Secretary on the structure and implementation of the Department’s Public-Private Partnership Program and comprised of Department and other State employees identified by the Secretary. “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public-Private Partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Public-Private Partnership candidate concept application” means the documentation that must be submitted to the Project Committee to initiate and inform a high-level review of a Public-Private concept generated from within the Department, or by other State agencies. “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland. “Secretary” means the Secretary of the Department of General Services. “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process. The Project Committee is established to advise the Secretary on the structure and implementation of the Department’s Program, including, but not limited to the following: Identification of potential Public-Private Partnership opportunities for screening; Screening of Public-Private Partnership opportunities, including both high-level and detailed-level; Prioritization of Public-Private Partnership opportunities for solicitation; Developing pre-solicitation and solicitation plans and processes for Public-Private Partnership opportunities; Ongoing monitoring of Public-Private Partnerships; and Coordination and communication with other State reporting agencies. The Project Committee shall be comprised of Department and other State employees as identified by the Secretary. The Project Committee shall be chaired by a Department employee. Public-Private Partnership concepts and opportunities may be identified within the Department and through other State, regional, local, and municipal processes. Potential Public-Private Partnership concepts and opportunities may be identified through periodic planning, communication, and evaluation processes that are carried out within the Department and through other state, regional, local, and municipal processes. Public-Private Partnership Candidate Concept Application. To initiate a high-level review, screening, and policy analysis of a proposed Public-Private Partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Project Committee chair by an Assistant Secretary, designated as an Internal Sponsor. A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed. Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, shall include but is not limited to: Preliminary ideas of Public-Private Partnership scope, schedule, and project lifecycle considerations; Preliminary qualitative evaluation of relevant benefits and cost; Preliminary description of financial concepts; Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach; and Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06.C(1) of this chapter. The format and required contents of the Public-Private Partnership Candidate Concept Application shall be: Developed by the Project Committee; Approved by the Secretary; and Updated by the Project Committee as needed. Unsolicited Proposals. In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for Public-Private Partnerships that will assist the Department in implementing its functions in a manner consistent with State policy. An unsolicited proposal may be submitted at any time. An unsolicited proposal shall: Be sealed and delivered to the Secretary’s Office to the attention of the Project Committee chair bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and Consist of five hard copies and one electronic copy. Unsolicited Informational Meetings. Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission. Requests for unsolicited informational meetings shall be submitted to the Project Committee chair. The Department may, but is not required to, schedule informal meetings in response to a request. During unsolicited informational meetings, the Department may, but is not required to, provide verbal feedback and comments to the private entity. The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s public infrastructure needs. A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process. An unsolicited proposal shall be conceptual, containing only the information required for the Project Committee to conduct a high-level review and screening of the proposed Public-Private Partnership concept. An unsolicited proposal shall include, at a minimum, the following: An executive summary of the major elements of the unsolicited proposal, including: The title of the proposed concept; A brief description and justification of the proposed concept; The name and address of the private entity; and A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address; Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity; A summary narrative that describes: The key components of the proposed Public-Private Partnership concept; Preliminary ideas of the Public-Private Partnership scope, schedule, and project lifecycle considerations; Preliminary qualitative evaluation of relevant benefits and costs; Preliminary description of financial concepts; The relevance of the public-private concept to other Department facilities or other public infrastructure assets; and How the Public-Private Partnership concept is consistent with existing governmental planning or project documents and governing law; A high-level description of financial feasibility that includes: Amounts and sources of any public funding that may be required; How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the Public-Private Partnership agreement; Rationale for a Public-Private Partnership delivery method relative to a conventional project delivery approach; Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland; and Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter. Unsolicited Proposal Fee. Each initial unsolicited proposal for a new project shall be accompanied by a check made payable to the State of Maryland/Department of General Services in the amount of $50,000. Each unsolicited proposal that addresses a project already in place shall be accompanied by a check in the amount of $10,000 made payable to the State of Maryland/Department of General Services. The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees. The Department may require more than one fee. Unsolicited proposal fees are non-refundable. The purpose of the screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a Public-Private Partnership methodology. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated Public-Private Partnership concepts and unsolicited public-private concepts. The screening process shall be organized in two phases: High-Level Screening Phase. Factors to be considered during the high-level screening may include, but are not limited to: Ability to meet State infrastructure, socioeconomic development, workforce, and environmental goals; Technical implementation considerations; Potential need for coordination with other State agencies; Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State; Opportunities to reduce reliance on public funds or finance, or both; Public affordability considerations; Potential for increased revenue generation and revenue sharing with the Department; and Potential impact on the workforce, including existing State employees, if any. For internally generated Public-Private Partnership concepts, the high level screening shall be conducted based on the Public-Private Candidate Concept Application and supporting information provided by the Internal Sponsor. For unsolicited Public-Private concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department. Based on the findings of the high-level screening, the Project Committee may recommend to the Secretary that specific Public-Private Partnership concepts be advanced or not advanced to the detailed-level screening. The Secretary’s written approval shall be required to advance or not advance a Public-Private Partnership concept to the detail-level screening phase. Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or unsolicited proposal, the Project Committee shall: Notify the Internal Sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or Request additional information from the Internal Sponsor or private entity. Detailed-Level Screening Phase. The detailed-level screening phase shall be more comprehensive than the high-level screening phase. In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories: Scope, design concepts, and phasing schedules; Compliance with federal and State environmental and transportation planning requirements; Technical and financial feasibility analyses; Evaluation of operations and maintenance requirements; Asset lifecycle costs and revenue estimates; Risk assessment of key asset delivery elements; In the event that a Public-Private Partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the Public-Private Partnership Agreement is approved by the Board of Public Works; and Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method. The types of analyses and resources committed to a detailed-level screening phase will be determined by the Project Committee and the Secretary, on a case-by-case basis. Based on the findings of the detailed-level screening, the Project Committee shall make recommendations to the Secretary as to which Public-Private Partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report. The Secretary’s written approval shall be required to advance or not advance a Public-Private Partnership concept to submission of a pre-solicitation report. Within 45 days after advancement of a Public-Private Partnership concept to the detailed-level screening analysis phase, the Project Committee shall: Notify the Internal Sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or Request additional information from the Internal Sponsor or private entity. Pre-solicitation Report Development. The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases. In consultation with the Project Committee, the Secretary shall determine: The tasks required for the development of a pre-solicitation report; and The responsible parties within the Department. The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to: Analyses and documentation, including some or all of the following categories: Scope, design concepts, and phasing schedules; Compliance with federal and State environmental planning requirements; Technical and financial feasibility analyses; Evaluation of operations and maintenance requirements; Asset lifecycle costs and revenue estimates; Risk assessment of key asset delivery elements; In the event that a Public-Private Partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and Other analyses determined to be necessary to determine appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method. Issuing public requests for information to obtain additional information that may help the Department to confirm or refine key assumptions; and Organizing public industry forums to obtain additional knowledge that may help the Department confirm or refine key assumptions. In the event that the proposed Public-Private Partnership delivery method may have a potential impact on State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact. The Department may not issue a public notice of solicitation for a Public-Private Partnership until: A pre-solicitation 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 State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and The Department has sought and received 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. General. The solicitation process for Public-Private Partnerships shall be competitive, regardless of whether the Public-Private Partnership concept originated internally within the Department or from an unsolicited proposal. For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §10A-202(c), Annotated Code of Maryland. Solicitations Relating to Concepts Described in Unsolicited Proposals. The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland. An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement Article, §10A-301(e), Annotated Code of Maryland. The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the unsolicited proposal. The Department reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals. Multi-Step Solicitation Process. The Department may use a multi-step solicitation process that includes, but is not limited to, some of the following steps: Issuance of a request for qualifications; Pre-proposal conference; Issuance of a draft request for proposals; Industry review meetings; and Issuance of a final request for proposals. The determination to utilize some or all of the solicitation steps shall be made on a case-by-case basis depending on which steps are advantageous to the State. The Department may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation. The Department may issue a request for qualifications. The purpose of a request for qualifications is to: Identify private entities that qualify as participants in the solicitation process; and Identify a shortlist of the highest qualified candidates for continuing in the solicitation process. Based on the responses to the request for qualifications, the Department may: Identify one or more private entities as qualified; and Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities. Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to: Participate in industry review meeting; Receive drafts of the request for proposals; Submit comments on drafts of the request for proposals; Receive the final request for proposals; and Submit a written proposal in response to the final request for proposals. Pre-proposal Conference. The purpose of a pre-proposal conference is to facilitate better understanding of solicitation requirements and processes. A pre-proposal conference may be scheduled by the Department after the initial public notice of solicitation for a Public-Private Partnership. Pre-proposal conferences are open to all interested private entities. Draft Request for Proposals. As part of a multi-step solicitation process, the Department may issue one or more draft requests for proposals to shortlisted private entities. Draft requests for proposals may include, but are not limited to: Instructions to private entities for responding to the request for proposals; Technical provisions; Scope of work; and Public-Private Partnership agreement key terms and components. Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Department to the extent permitted by the solicitation process. The Department may use comments and questions from the shortlisted private entities for subsequent revisions to the draft request for proposals. Industry Review Meetings. The Department may conduct industry review meetings as part of a multi-step solicitation process. The purpose of industry review meetings is to: Obtain comments and make revisions to the draft request for proposals: Obtain the best value for the State; Facilitate the full understanding regarding the requirements of the State for the Public-Private Partnership concept; Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and Finalize the requirements for the request for proposals. Agreement negotiations may not be conducted during industry review meetings. Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities. Industry review meetings may be: Joint workshops with all shortlisted private entities invited to participate; or One-on-one meetings between the Department and individual shortlisted private entities. The Department may use comments and questions obtained from the shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals. Final Request for Proposals. In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process. The contents of the final request for proposals may be based on information gathered during the earlier solicitation phases, including but not limited to; Pre-proposal conference; Request for qualifications; and Industry review meetings. The Department may issue a final request for proposals without previously: Issuing a request for qualifications; Issuing a draft request for proposals; or Conducting industry review meetings. Information Available During Solicitation. The Department may make relevant technical and financial information available to shortlisted private entities through an electronic data room. The Department may respond to relevant additional information requests by shortlisted private entities in support of due diligence reviews, including requests for site inspections. Information or site access provided to individual shortlisted private entities pursuant to an additional information request as provided for in §C(9)(b) of this regulation., must also be made available to all other interested private entities if a shortlist of private entities has not yet been established; or, to all other shortlisted private entities if a shortlist of private entities has been established. Shortlisted Private entities shall be required to sign confidentiality agreements prior to release of information deemed confidential. Reimbursement. The Department may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland. If the Department elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing the private entity shall be described in the public notice of solicitation associated with the specific Public-Private Partnership. The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Department as a condition to receiving reimbursement. The Department shall only consider reimbursement for shortlisted private entities. Maximum Reimbursement Amount. The Department shall not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a Public-Private Partnership. The Department may establish a reimbursement less than the maximum prescribed herein on a case-by-case basis. Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments. Reservation of Rights. The Department reserves all rights available by law and in equity in its Public-Private Partnership solicitation process, including without limitation, the right to: Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason; Issue addenda, supplements, and modifications to a public notice of solicitation; Cancel a solicitation in whole or in part at any time prior to execution of a Public-Private Partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland; Issue a new public notice of solicitation after withdrawal of a public notice of solicitation; Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time; Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Department, or as otherwise set forth by applicable law; Determine whether to pursue federal credit assistance on behalf of the private entities; Publicly disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement Article, §10A-203(b), Annotated Code of Maryland; Exercise any other rights reserved or afforded to the Department under applicable law and the public notice of solicitation; or Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility determination. Additional reservations of Department rights may be included in the solicitation documents for a Public-Private Partnership. The Department shall conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity. Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular Public-Private Partnership opportunity. The objective of this evaluation process is to select the private entity that provides the best value solution for the State. The Department’s evaluation criteria shall be clearly set forth in each request for solicitation. A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration. The processes for evaluating submitted responses to request for qualifications and for evaluating submitted proposals to requests for proposals shall be described and submitted to the Board of Public Works as part of the pre-solicitation process the Board of Public Works shall approve. The Secretary shall establish one or more evaluation committees on a case-by-case basis that may: Be comprised of: Secretary’s Office employees; and Other State employees; Review statements of qualifications; Review proposals; and Seek advice from the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process. Best and Final Offers. After the evaluation of all responsive proposals, the Secretary may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers. The Secretary may request multiple iterations of best and final offers. A best and final offer process is not required. After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Secretary, the Department may enter into negotiations with that private entity. The Secretary may determine that negotiations be completed by a negotiations committee either comprised of members of the evaluation committees or established separately from the evaluation committee that may: Be comprised of: Secretary’s Office employees; and Other State employees; Review the apparent best value private entity’s response to the request for proposals; Review the apparent best value private entity’s best and final offer, if any; and Receive assistance from outside experts and consultants during the evaluation process. The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if: Negotiations with the apparent best value private entity are unsuccessful; or The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Department’s schedule for the Public-Private Partnership solicitation. After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Secretary for review and approval. After the Secretary provides written approval of the best value private entity, the Department shall: Finalize and prepare the Public-Private Partnership agreement for execution, in coordination with the best value private entity; Commence the final agreement review process in accordance with State Finance and Procurement Article, §10A-203, Annotated Code of Maryland; and Arrange for meetings between the Secretary and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed Public-Private Partnership delivery method has an impact on existing State employees. Final Agreement Review. The Secretary shall comply with the final agreement review process established in State Finance and Procurement Article, §10A-203, Annotated Code of Maryland. A final agreement report shall accompany a final agreement submitted under State Finance and Procurement Article, §10A-203, Annotated Code of Maryland, containing the following items, if relevant: The financial plan, including annual cash flows, for any Public-Private Partnership including: State contributions; Federal loans or credit assistance; Private investment; Local contributions; and Other funding contributions; The ongoing financial costs and increases associated with any operating and maintenance contracts; The impact any public private partnership agreement may have on the State’s debt affordability measures; An analysis of why the proposed agreement is more advantageous than a conventional project delivery; A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public private partnership; A summary of the performance measures included in the ongoing operation of the public private partnership; A summary of the penalties associated with non-performance relating to the ongoing maintenance and operation; and A plan for how the long-term operating and maintenance contract will be overseen by the agency. Procedures for Public-Private Partnership Agreements. In the development of a Public-Private Partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland. State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h), Annotated Code of Maryland Effective date: December 30, 2019 (46:26 Md. R. 1163) These regulations describe and provide a process for recipients of State funds to install an assistive listening system in an assembly area during construction or renovation of the assembly area. In this chapter, the following terms have the meanings indicated. Terms Defined. “Advisory Board” means the Hearing Accessibility Advisory Board. “Assembly area” has the meaning stated in State Finance and Procurement Article, §4-410(a)(2), Annotated Code of Maryland. “Assistive listening system” has the meaning stated in State Finance and Procurement Article, §4-410(a)(3), Annotated Code of Maryland. “Construction or renovation” has the meaning stated in State Finance and Procurement Article, §4-410(a)(4), Annotated Code of Maryland. “Department” means the Department of General Services. “Hearing induction loop” has the meaning stated in State Finance and Procurement Article, §4-410(a)(5), Annotated Code of Maryland. “Recipient of State funds” has the meaning stated in State Finance and Procurement Article, §4-410(a)(6), Annotated Code of Maryland. The Advisory Board shall be appointed by the Secretary of the Department and consist of individuals who have expertise in assistive listening systems and consumers who use assistive listening systems. A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if: The assembly area uses or requires the use of a public address system; and A State contract has been executed to enable the construction or renovation of the assembly area, in which funding received from the State will finance such construction or renovation, in part or in whole. A recipient of State funds may request a waiver from the requirements of §A of this regulation if: The installation of an assistive listening system is deemed not technologically feasible; or There is a dispute regarding whether the requirements of §A of this regulation apply to a construction or renovation project. The waiver request shall be in writing and include, at a minimum: The name, address, and contact information of the requestor; A description of the construction or renovation project; A detailed explanation as to why an assistive listening system is not technologically feasible, including an affirmation from the requestor that there is no reasonable substitute technology readily available that would serve a similar purpose; and In the event there is a dispute regarding whether §A of this regulation applies to the construction or renovation project, a detailed description as to why the assistive listening device requirement is not applicable to the project. Requests for waivers shall be submitted to the Advisory Board by the contractor prior to, or during the design phase of the project. The Advisory Board shall periodically monitor activities of the recipients of State funds to ensure compliance with the requirements for installing an Assistive listening system. If the Advisory Board makes a preliminary determination of noncompliance or receives a complaint that a recipient of State funds is not in compliance with the requirements as outlined in this chapter, the Advisory Board shall perform an investigation by: Authorizing the procurement agency and/or any appointee directed by the Advisory Board to: Inspect the records of the recipient of State funds related to the installation of the Assistive listening system; Inspect the jobsite; Collect and review the project records; and Interview any employees, contractors, subcontractors, and workers related to the installation; and Determining whether the recipient of State funds is in compliance with the requirements to install an assistive listening system and notifying them in writing of its findings. If found to not be compliant, a notice shall be provided to the recipient of State funds that includes what corrective actions are required to come into compliance and a date certain for when the recipients of State funds should present the Advisory Board with their plan for achieving compliance. If a procurement agency or Advisory Board determines that noncompliance with the contract provisions exists and that the recipient of State funds refuses or fails to take the corrective action as outlined in §C of this regulation and required by the procurement agency or the Advisory Board, then the following actions may occur: Termination of the contract; or Referral to the Office of the Attorney General for appropriate action. Each covered assembly area must provide signs at each entry to the assembly area to inform patrons that assistive listening systems are available. Assembly areas that have ticket offices or ticket windows shall also display the required signs at the ticket window. Assistive listening systems signs shall comply with applicable federal regulations and shall include the International Symbol of Access for Hearing Loss. Training on the operation and maintenance of an assistive listening system shall be provided by the recipient of State funds as part of the project. The training may be provided as a part of the services of the company contracted to install the assistive listening system or as a separate service contract. Companies contracted to install the assistive listening system, train users, or both, shall do so in a manner consistent with applicable federal laws and regulations. Any facility that provides an assistive listening system must make receivers available to those individuals that can use the technology but do not have a personal hearing device or do not have a hearing device with a telecoil or built-in receiver. The number of receivers required in each assembly area is determined by the facility’s size and shall be consistent with applicable federal laws and regulations. State Finance and Procurement Article, §4-410; State Government Article, §§10-611—10-630; Annotated Code of Maryland Effective date: January 24, 2022 (49:2 Md. R. 77)