Md. Code Regs. 11.01.17.06

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

Section 11.01.17.06 - Screening Process

A. The purpose of screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.

B. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.

C. The screening process shall be organized in two phases.

(1) High-Level Screening Phase.

(a) Factors to be considered during the high-level screening may include, but are not limited to:

(i) Ability to meet State transportation, socioeconomic development, workforce, and environmental goals;

(ii) Technical implementation considerations;

(iii) Potential need for coordination with other State agencies, including but not limited to the Maryland Transportation Authority;

(iv) Opportunities to accelerate asset delivery implementation;

(v) Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State;

(vi) Opportunities to reduce reliance on public funds or finance, or both;

(vii) Public affordability considerations;

(viii) Potential for increased revenue generation and revenue sharing with the Department; and

(ix) Potential impact on the workforce, including existing State employees, if any.

(b) For internally generated public-private partnership concepts, the high level screening shall be conducted based on the Public-Private Partnership Candidate Concept Application and supporting information provided by the internal sponsor.

(c) For unsolicited public-private partnership concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department.

(d) Based on the findings of the high level screening, the Steering Committee may recommend to the Secretary that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening.

(e) The Secretary's written approval shall be required to advance or not advance a public-private partnership concept to the detailed-level screening phase.

(f) Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall:

(i) Notify the internal sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or

(ii) Request additional information from the internal sponsor or private entity.

(2) Detailed-Level Screening Phase.

(a) The detailed-level screening phase shall be more comprehensive than the high-level screening phase.

(b) In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:

(i) Scope, design concepts, and phasing schedules;

(ii) Compliance with federal and State environmental and transportation planning requirements;

(iii) Technical and financial feasibility analyses;

(iv) Evaluation of operations and maintenance requirements;

(v) Asset lifecycle costs and revenue estimates;

(vi) Risk assessment of key asset delivery elements;

(vii) In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and

(viii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method.

(c) The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Secretary, on a case-by-case basis.

(d) Based on the findings of the detailed-level screening, the Steering Committee shall make recommendations to the Secretary as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report.

(e) The Secretary's written approval shall be required to advance or not advance a public-private partnership concept to submission of a pre-solicitation report.

(f) Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall:

(i) Notify the internal sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or

(ii) Request additional information from the internal sponsor or private entity.

Md. Code Regs. 11.01.17.06

Regulations .06 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