reglab/housing_qa huggingface dataset:
MD. State Finance and Procurement Code Ann. §  10A-104 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 1 - Definitions; General Provisions|Section 10A-104 - Reports

    (a)    (1)    By January 1 of each year, each reporting agency shall submit to the budget committees, in accordance with § 2–1257 of the State Government Article:            (i)    a report concerning each public–private partnership under consideration that has not been reviewed or approved previously by the General Assembly; and            (ii)    a status report concerning each existing public–private partnership in which the reporting agency is involved.        (2)    The reports submitted by the Department of General Services under this subsection shall include information concerning all public–private partnerships involving units within the Executive Branch of State government, except for those units that are also reporting agencies.    (b)    By January 1 of each year, a unit of State government that provides conduit financing for a public–private partnership shall submit to the budget committees, in accordance with § 2–1257 of the State Government Article, a list that includes each public–private partnership for which the unit is providing conduit financing.    (c)    The annual report of the Capital Debt Affordability Committee required under § 8–112 of this article shall include an analysis of the aggregate impact of public–private partnership agreements on the total amount of new State debt that prudently may be authorized for the next fiscal year.    (d)    All existing public–private partnerships and any public–private partnership that is expected to be solicited shall be listed annually as appropriate in the annual capital budget or the Consolidated Transportation Program.
MD. State Finance and Procurement Code Ann. §  10A-105 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 1 - Definitions; General Provisions|Section 10A-105 - Compliance Requirements

    (a)    A project undertaken by a reporting agency through a public–private partnership shall comply with the following provisions, to the extent that the provisions are applicable to the project:        (1)    § 3–602.1 of this article; and        (2)    the Environment Article.    (b)    The private entity and any contractors or subcontractors constructing a public infrastructure asset shall be subject to Title 17, Subtitles 1 and 2 of this article regardless of whether the contract qualifies as a public works contract.    (c)    State employees shall retain all of the protections in State law, regulations, and policies that are in effect at the time the public–private partnership agreement is approved by the Board of Public Works.    (d)    The Board of Public Works may not approve a public–private partnership that results in the State exceeding its debt affordability guidelines.
MD. State Finance and Procurement Code Ann. §  10A-203 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 2 - Solicited Proposals|Section 10A-203 - Proposed Agreement; Prerequisites for Approval

    (a)    (1)    Except as provided in paragraph (2) of this subsection, the Board of Public Works may not approve a public–private partnership agreement until:            (i)    a copy of the proposed agreement is submitted simultaneously to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article;            (ii)    the State Treasurer, in coordination with the Comptroller, analyzes the impact on the State’s capital debt affordability limits of the proposed public–private partnership agreement;            (iii)    the State Treasurer submits the analysis to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article; and            (iv)    the budget committees have reviewed and commented on the agreement in accordance with paragraph (3) of this subsection.        (2)    The Board of Public Works may not approve a public–private partnership agreement for a transportation facilities project, as defined in § 4–101(h) of the Transportation Article, until the proposed agreement is submitted to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article.        (3)    (i)    The period for review, analysis, and comment under paragraphs (1) and (2) of this subsection may not exceed a total of 30 days from the date the proposed public–private partnership agreement is submitted simultaneously to the State Treasurer, the Comptroller, the budget committees, and the Department of Legislative Services.            (ii)    The budget committees may facilitate a faster review and comment period by sending a letter to the Board of Public Works supporting a proposed public–private partnership agreement in advance of the expiration of the 30–day review period.    (b)    (1)    The proposed public–private partnership agreement made available to the public shall:            (i)    after consultation with the private entity, withhold information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law, including in accordance with § 4–335 of the General Provisions Article, relating to:                1.    confidential commercial information;                2.    confidential financial information; and                3.    trade secrets; and            (ii)    be posted online by the reporting agency during the 30–day review period in accordance with paragraph (2) of this subsection.        (2)    The online location of the proposed public–private partnership agreement shall be:            (i)    on the Web site of the reporting agency; or            (ii)    on the Web site of the specific project if one has been established.
MD. State Finance and Procurement Code Ann. §  10A-204 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 2 - Solicited Proposals|Section 10A-204 - Posting of Final Agreement

    (a)    The reporting agency shall post the final public–private partnership agreement on the Web site of the reporting agency or the Web site of the specific project if one has been established.    (b)    Information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law shall be withheld from the posted version of the final public–private partnership agreement in accordance with § 4–335 of the General Provisions Article relating to:        (1)    a trade secret;        (2)    confidential commercial information; and        (3)    confidential financial information.
MD. State Finance and Procurement Code Ann. §  10A-301 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 3 - Unsolicited Proposals|Section 10A-301 - General Consideration

    (a)    A reporting agency may accept, reject, or evaluate an unsolicited proposal for a public–private partnership that will assist the reporting agency in implementing its functions in a manner consistent with State policy.    (b)    A reporting agency shall establish the process for determining whether an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency.    (c)    (1)    A reporting agency may establish by regulation an application fee for submitting an unsolicited proposal.        (2)    For an unsolicited proposal that does not address a project already in the State’s Capital Improvement Program or Consolidated Transportation Program planning documents, a reporting agency may require a higher application fee.    (d)    If a reporting agency determines that an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency, the reporting agency shall:        (1)    conduct a competitive solicitation process as described under Subtitle 2 of this title;        (2)    protect proprietary information included in the unsolicited proposal to the same extent proprietary information is protected under § 10A–203(b) of this title; and        (3)    comply with all of the other procedural requirements set forth in this title.    (e)    An individual or firm that has submitted an unsolicited proposal under this title may participate in any subsequent competitive solicitation process.
MD. State Finance and Procurement Code Ann. §  10A-402 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 4 - Public-Private Partnership Agreements|Section 10A-402 - Term; Waiver of Term Limit

    (a)    Except as provided in subsection (b) of this section, a public–private partnership agreement may not exceed 50 years, including all renewals and extensions.    (b)    The Board of Public Works may:        (1)    waive the prohibition set forth in subsection (a) of this section if the Board determines that the reporting agency has demonstrated sufficient reason for the agreement to have a longer term; and        (2)    waive the prohibition set forth in subsection (a) of this section at any point during the presolicitation, proposal review, or agreement negotiations process.
MD. State Finance and Procurement Code Ann. §  10A-403 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 4 - Public-Private Partnership Agreements|Section 10A-403 - Inclusion of Minority Business Enterprise Program

    (a)    This section applies to the project development of the 28–acre State–owned property in Baltimore City bordered by Dolphin Street, North Howard Street, Martin Luther King Boulevard, and Madison Avenue, commonly known as State Center.    (b)    Notwithstanding any other provision of this title, the State or its reporting agency may not enter into a new or modified contract or plan for the development of State Center unless the new or modified contract or plan includes provisions that require:        (1)    an enforceable community benefits agreement between the developer and the State Center Neighborhood Alliance, Inc. to provide for a concerted and coordinated effort by the developer and the community throughout the entire planning, development, and construction phases of the project;        (2)    a comprehensive local hiring plan for the project that includes goals for short–term construction jobs, long–term employment opportunities, and job training; and        (3)    an economic improvement plan for the project that includes goals for the use of minority– and women–owned and locally owned businesses.    (c)    Any new or modified development contract or plan shall, to the extent possible, include:        (1)    State agencies as the major anchor tenant;        (2)    space for retail, housing, offices, restaurants, and other private businesses;        (3)    a high–quality, full–service grocery store;        (4)    parking facilities designed to reduce parking impacts on the surrounding communities;        (5)    elements designed to increase the connection of State Center to the surrounding communities; and        (6)    green space.    (d)    The State or its reporting agency shall include the State Center Neighborhood Alliance, Inc., and any other interested community association in:        (1)    any selection process for a new development contractor; and        (2)    the development of any new plans for the State Center project or any proposed modifications to existing development contracts for the project.    (e)    A developer who is a party to a new contract or plan for the development of State Center shall use best practical efforts to begin construction within 18 months after execution of the new contract and any associated plans.
MD. State Finance and Procurement Code Ann. §  10A-404 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division I - State Finance|Title 10A - Public-Private Partnerships|Subtitle 4 - Public-Private Partnership Agreements|Section 10A-404 - Minority Business Enterprise Program -- Public-Private Partnerships

    // EFFECTIVE UNTIL JUNE 30, 2023 PER CHAPTER 553 OF 2020 //    (a)    The findings and evidence relied on by the General Assembly for the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of this article are hereby incorporated.    (b)    To the extent practicable and permitted by the United States Constitution, the provisions of the Minority Business Enterprise Program under Title 14, Subtitle 3 of this article shall apply to public–private partnerships established under this title.    (c)    (1)    The Board of Public Works may not approve a public–private partnership agreement under § 10A–203 of this title until the reporting agency, in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs, the Office of the Attorney General, and the private entity, if permissible, establishes reasonable and appropriate minority business enterprise participation goals and procedures for the project.        (2)    To the extent practicable, goals and procedures established under paragraph (1) of this subsection shall be based on the requirements of Title 14, Subtitle 3 of this article, including the implementation of regulations adopted under §§ 14–302 and 14–303 of this article.
MD. State Finance and Procurement Code Ann. §  11-201 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-201 - Purposes and Construction of Division

    (a)    The purposes and policies of this Division II include:        (1)    providing for increased confidence in State procurement;        (2)    ensuring fair and equitable treatment of all persons who deal with the State procurement system;        (3)    providing safeguards for maintaining a State procurement system of quality and integrity;        (4)    fostering effective broad–based competition in the State through support of the free enterprise system;        (5)    promoting increased long–term economic efficiency and responsibility in the State by encouraging the use of recycled materials;        (6)    providing increased economy in the State procurement system;        (7)    getting the maximum benefit from the purchasing power of the State;        (8)    simplifying, clarifying, and modernizing the law that governs State procurement;        (9)    allowing the continued development of procurement regulations, policies, and practices in the State; and        (10)    promoting development of uniform State procurement procedures to the extent possible.    (b)    Unless otherwise indicated, this Division II shall be construed liberally and applied to promote the purposes and policies enumerated in subsection (a) of this section.    (c)    If a provision of this Division II is inconsistent with a federal law, regulation, or grant agreement or other federal requirement that governs procurement or a procurement contract or with the terms of a gift, as defined in § 1–109 of the General Provisions Article, the federal requirement or the terms of the gift control the procurement or procurement contract.    (d)    (1)    In this subsection, “bundle” means the consolidation of two or more procurement requirements for supplies or services previously provided or performed under separate contracts into a single solicitation seeking offers for a single contract that is unlikely to be accessible for award to a small business or minority business enterprise.        (2)    This subsection does not apply if a unit bundles a procurement for the purpose of participating in the Small Business Reserve Program in accordance with Title 14, Subtitle 5 of this article.        (3)    For the purpose of precluding or limiting participation by a minority business enterprise as defined under Title 14, Subtitle 3 of this article or a small business as defined under Title 14, Subtitle 2 of this article, a unit subject to this Division II may not:            (i)    bundle a procurement;            (ii)    limit the number of competitive bidders or offerors; or            (iii)    limit participation to a predetermined group of bidders or offerors.
MD. State Finance and Procurement Code Ann. §  11-202 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-202 - Scope of Division -- in General

    Except as otherwise expressly provided by law, this Division II applies to:         (1)    each expenditure by a unit under a procurement contract;        (2)    each procurement by a unit on behalf of another unit, governmental agency, or other entity; and        (3)    each procurement by a unit, even if a resulting procurement contract will involve no expenditure by the State and will produce revenue for the State, for services that are to be provided for the benefit of:            (i)    State officials, State employees, or students at a State facility, including a school, hospital, institution, or recreational facility;            (ii)    clients or patients at a State hospital or State institution;            (iii)    the public at a State recreational facility; or            (iv)    the public at a State transportation facility or State higher education facility, as required by the Board.
MD. State Finance and Procurement Code Ann. §  11-204 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-204 - Compliance With Division; Penalties for Noncompliance

    (a)    A unit may not enter into a procurement contract except as allowed under this Division II.    (b)    (1)    Except as otherwise provided in this Division II, if a procurement violates this Division II, the procurement contract is void.        (2)    Whenever a procurement contract is void under this subsection, the contractor shall be awarded compensation for actual expenses reasonably incurred under the procurement contract, plus a reasonable profit, if the contractor:            (i)    acted in good faith;            (ii)    did not directly contribute to a violation of this Division II; and            (iii)    had no knowledge of the violation before the procurement contract was awarded.    (c)    (1)    Whenever a procurement violates this Division II, the Board may determine that the procurement contract is voidable, rather than void, if the Board determines that:            (i)    all parties acted in good faith;            (ii)    ratification of the procurement contract would not undermine the purposes of this Division II; and            (iii)    the violation or series of violations was insignificant or otherwise did not prevent substantial compliance with this Division II.        (2)    Whenever a procurement contract is voidable under this subsection and the contractor has not acted in violation of this Division II, the unit may:            (i)    ratify the procurement contract if the unit determines that ratification is in the best interests of the State; or            (ii)    void the procurement contract and award the contractor compensation for actual expenses reasonably incurred under the contract, plus a reasonable profit.        (3)    Whenever a procurement contract is voidable under this subsection and the contractor has acted in violation of this Division II, the unit:            (i)    may void the procurement contract; or            (ii)    without prejudice to the State’s right to appropriate damages, may ratify the procurement contract if the unit determines that ratification is in the best interests of the State.
MD. State Finance and Procurement Code Ann. §  11-205 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-205 - Collusion

    (a)    This section is broadly applicable to all procurements by the State.    (b)    A person who, for the purpose of defrauding the State, acts in collusion with another person in connection with the procurement process is liable for damages equal to 3 times the value of the loss to the State that is attributable to the collusion.    (c)    (1)    A procurement officer who has reason to believe that collusion has occurred in connection with the procurement process shall send to the Office of the Attorney General written notice that states the belief and its basis.        (2)    The Attorney General may begin an action in the appropriate court for damages under subsection (b) of this section.    (d)    (1)    If there is reason to believe that collusion has occurred in connection with the procurement process, all relevant documents shall be kept until the Attorney General gives notice that they may be destroyed.        (2)    On request by the Office of the Attorney General, relevant documents shall be made available immediately.
MD. State Finance and Procurement Code Ann. §  11-205.1 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-205.1 - Falsification, Concealment, etc., of Material Facts

    (a)    In connection with a procurement contract a person may not willfully:        (1)    falsify, conceal, or suppress a material fact by any scheme or device;        (2)    make a false or fraudulent statement or representation of a material fact; or        (3)    use a false writing or document that contains a false or fraudulent statement or entry of a material fact.    (b)    A person may not aid or conspire with another person to commit an act under subsection (a) of this section.    (c)    A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.
MD. State Finance and Procurement Code Ann. §  11-206 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-206 - Application of Regulations

    (a)    Unless otherwise indicated in the regulation, a regulation adopted under this Division II applies to a procurement contract if:        (1)    the regulation is in effect on the day that the parties execute the procurement contract; and        (2)    the procurement contract is governed by this Division II.    (b)    A regulation adopted under this Division II does not affect the rights of a unit or contractor under a procurement contract that was entered into before the effective date of the regulation.    (c)    A requirement of law that a procurement contract contain a particular provision is satisfied if the procurement contract includes notice of the provision, including the subject matter of the provision.
MD. State Finance and Procurement Code Ann. §  11-207 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 2 - General Provisions|Section 11-207 - Determinations

    Each determination required under this Division II shall be:         (1)    in writing;        (2)    based on written findings of the public official or employee who makes the determination; and        (3)    kept, for at least 3 years, in an official procurement contract file.