§ 10A-301. General consideration

   (a) In general. -- 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) Establishment of process to determine necessity. -- 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) Application fee. --

   (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) Competitive solicitation process; protection of proprietary information. -- 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) Individual or firm submitting unsolicited proposal may participate in subsequent solicitation process. -- An individual or firm that has submitted an unsolicited proposal under this title may participate in any subsequent competitive solicitation process.

HISTORY: 2013, ch. 5, § 1.