Md. Code Regs. 11.01.17.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.01.17.05 - Identification Process

A. Public-private partnership concepts and opportunities identified within the Department and its Modal Administrations and through other state, regional, local, and municipal processes.

(1) Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Department and its Modal Administrations and through other state, regional, local, and municipal processes, including but not limited to:

(a) Consolidated transportation program;

(b) Statewide transportation improvement program;

(c) Long-range transportation plans developed by metropolitan planning organizations; and

(d) County priority letters.

(2) Public-Private Partnership Candidate Concept Application.

(a) To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor, either:

(i) A Modal Administration planning office; or

(ii) The Department's planning staff.

(b) A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.

(c) Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, including but not limited to:

(i) Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;

(ii) Preliminary qualitative evaluation of relevant benefits and cost;

(iii) Preliminary description of financial concepts;

(iv) Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and

(v) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.

(d) The format and required contents of the Public-Private Partnership Candidate Concept Application shall be:

(i) Developed by the Steering Committee;

(ii) Approved by the Secretary; and

(iii) Updated by the Steering Committee as needed.

B. Unsolicited Proposals.

(1) In accordance with State Finance and Procurement Article, § 10A -301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Department in implementing its functions in a manner consistent with State policy.

(2) Assets defined as transportation facilities projects under Transportation Article, § 4-101(h), Annotated Code of Maryland:

(a) Are not the direct responsibility of the Department;

(b) Are the direct responsibility of the Maryland Transportation Authority; and

(c) Should not be included in unsolicited proposals submitted to the Department.

(3) An unsolicited proposal may be submitted at any time.

(4) An unsolicited proposal shall:

(a) Be sealed and delivered to the Secretary's Office to the attention of the Steering Committee chair bearing the private entity's name, address, and the words "Public-Private Partnership Unsolicited Proposal" clearly on the outside; and

(b) Consist of 15 hardcopies and 1 electronic copy.

(5) Unsolicited Informational Meetings.

(a) Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission.

(b) Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair.

(c) The Department may not be required to grant meetings in response to a request.

(d) During unsolicited informational meetings, the Department may provide informal feedback and comments to the private entity.

(e) The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State's transportation needs.

(f) A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process.

(6) An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept.

(7) An unsolicited proposal shall include, at a minimum, the following:

(a) An executive summary of the major elements of the unsolicited proposal, including:

(i) The title of the proposed concept;

(ii) A brief description and justification of the proposed concept;

(iii) The name and address of the public-private partnership private entity; and

(iv) A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual's telephone number and email address.

(b) Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity.

(c) A summary narrative that describes:

(i) The key components of the proposed public-private partnership concept;

(ii) Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;

(iii) Preliminary qualitative evaluation of relevant benefits and costs;

(iv) Preliminary description of financial concepts;

(v) The relevance of the public-private concept to other transportation facilities or other public infrastructure assets; and

(vi) A statement of the public-private partnership concept's consistency with existing governmental transportation planning or project documents and governing law.

(d) A high-level description of financial feasibility that includes:

(i) Amounts and sources of any public funding that may be required;

(ii) How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and

(iii) How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the public-private partnership agreement.

(e) Rationale for a public-private partnership delivery method relative to a conventional project delivery approach.

(f) Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, § 10A -301(d)(2), Annotated Code of Maryland.

(g) Additional information, as necessary, to support a high-level screening process, as outlined inRegulation .06C(1) of this chapter.

(8) Unsolicited Proposal Fee.

(a) Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program, shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Department of Transportation.

(b) Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Department of Transportation.

(c) The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees.

(d) Unsolicited proposal fees are non-refundable.

Md. Code Regs. 11.01.17.05

Regulations .05 adopted as an emergency provision effective 40:15 Md. R. 1227, eff.7/1/2013 ; adopted permanently effective 40:21 Md. R. 1776, eff.10/28/2013