§ 10A-202. General consideration

   (a) Public notice. -- 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) Qualification of bidders. --

   (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) Responsibility determination -- In general. -- For any private entity that responds to the public notice of solicitation, a reporting agency shall make a responsibility determination.

(d) Responsibility determination -- Subentities. -- 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) Effect of changes in ownership composition of public-private partnership. -- 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) Reimbursement for costs; regulations. --

   (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.

HISTORY: 2013, ch. 5, § 1.