MD. State Finance and Procurement Code Ann. §  10A-202 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 2 - Solicited Proposals|Section 10A-202 - General Consideration

    (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.