(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.
(b)(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 St
Free access — add to your briefcase to read the full text and ask questions with AI
(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.
(b) (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.
(f) (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.