# COMAR Title 11 — Department of Transportation

## Subtitle 01 — Office of the Secretary

### Chapter 17 — Public-Private Partnership Program

#### Regulation .07 Pre-solicitation.

*COMAR 11.01.17.07*

A. Pre-solicitation Report Development.

  (1) 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.

  (2) In consultation with the Steering Committee, the Secretary shall determine:

    (a) The tasks required for the development of a pre-solicitation report; and

    (b) The responsible parties within the Department.

  (3) 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:

    (a) Analyses and documentation, including some or all of the following categories:

      (i) Scope, design concepts, and phasing schedules;

      (ii) Compliance with federal and State environmental and transportation planning requirements;

      (iii) Technical and financial feasibility analyses;

      (iv) Evaluation of operations and maintenance requirements;

      (v) Asset lifecycle costs and revenue estimates;

      (vi) Risk assessment of key asset delivery elements;

      (vii) 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

      (viii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method;

    (b) Issuing public requests for information to obtain additional information that may help the Department confirm or refine key assumptions; and

    (c) Organizing public industry forums to obtain additional information that may help the Department confirm or refine key assumptions.

  (4) In the event that the proposed public-private partnership delivery method may have a potential impact on existing 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.

B. The Department may not issue a public notice of solicitation for a public-private partnership until:

  (1) 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

  (2) The Department has sought and received:

    (a) The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and

    (b) The approval of the Board of Public Works of the method of solicitation.