§ 10A-202
430 words·~2 min read·
/md/state-finance-and-procurement/10a-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§10A–202.
(a)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.
(1)A private entity may be qualified as a bidder through a request for qualifications.
(2)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.
(3)These discussions may be held to:
(i)obtain comments and make revisions to solicitation documents;
(ii)obtain the best value for the State; and
(iii)ensure full understanding of:
1. the requirements of the State, as set forth in the request for proposals; and
2. the proposal submitted by the bidder.
(c)For any private entity that responds to the public notice of solicitation, a reporting agency shall make a responsibility determination.
(d)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.
(e)Any changes in the ownership composition of a public–private partnership, as described in subsection
(d)of this section, require:
(1)a responsibility determination;
(2)45 days’ notice to the budget committees; and
(3)approval by the Board of Public Works.
(1)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.
(2)A reporting agency shall adopt regulations that establish the process for reimbursing a private entity under paragraph
(1)of this subsection.
(3)Regulations adopted under paragraph
(2)of this subsection shall:
(i)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
(ii)specify a maximum dollar amount that a reporting agency may reimburse a private entity for costs incurred under paragraph
(1)of this subsection.
(4)A reporting agency may pay a private entity that submits an unsuccessful proposal for the right to use the private entity’s work product.
(5)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:
(i)the private entity enters into a public–private partnership agreement with the reporting agency; and
(ii)the public–private partnership agreement entered into under item
(i)of this paragraph is approved by the Board of Public Works.