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 Steering 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 and transportation 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 the 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 confirm or refine key assumptions; and
      3. (c) Organizing public industry forums to obtain additional information 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 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.

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:

      1. (a) The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and
      2. (b) The approval of the Board of Public Works of the method of solicitation.

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;
Ch. 5, Acts of 2013

Effective date:

Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)