Md. Code Regs. 11.01.17.07

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

Section 11.01.17.07 - Pre-solicitation

A. Pre-solicitation Report Development.

(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) In consultation with the Steering Committee, the Secretary shall determine:

(a) The tasks required for the development of a pre-solicitation report; and

(b) The responsible parties within the Department.

(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:

(a) Analyses and documentation, including 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 existing State employees, analysis of potential impact and potential options for mitigating the impact; and

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

(b) Issuing public requests for information to obtain additional information that may help the Department confirm or refine key assumptions; and

(c) Organizing public industry forums to obtain additional information that may help the Department confirm or refine key assumptions.

(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.

B. The Department may not issue a public notice of solicitation for a public-private partnership until:

(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) The Department has sought and received:

(a) The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and

(b) The approval of the Board of Public Works of the method of solicitation.

Md. Code Regs. 11.01.17.07

Regulations .07 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