1. A. Pre-solicitation Report Development.

   1. (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. (2) In consultation with the Project Committee, the Secretary shall determine:

      1. (a) The tasks required for the development of a pre-solicitation report; and
      2. (b) The responsible parties within the Department.

   3. (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:

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

         1. (i) Scope, design concepts, and phasing schedules;
         2. (ii) Compliance with federal and State environmental planning requirements;
         3. (iii) Technical and financial feasibility analyses;
         4. (iv) Evaluation of operations and maintenance requirements;
         5. (v) Asset lifecycle costs and revenue estimates;
         6. (vi) Risk assessment of key asset delivery elements;
         7. (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
         8. (viii) Other analyses determined to be necessary to determine appropriateness, viability, and effectiveness of a Public-Private Partnership delivery method.
      2. (b) Issuing public requests for information to obtain additional information that may help the Department to confirm or refine key assumptions; and
      3. (c) Organizing public industry forums to obtain additional knowledge that may help the Department confirm or refine key assumptions.
   4. (4) 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.

2. B. The Department may not issue a public notice of solicitation for a Public-Private Partnership until:

   1. (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. (2) 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.

Authority: 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)