Md. Code Regs. 04.01.05.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 04.01.05.05 - Project Identification Process

A. Public-Private Partnership concepts and opportunities may be identified within the Department and through other State, regional, local, and municipal processes.

(1) Potential Public-Private Partnership concepts and opportunities may be identified through periodic planning, communication, and evaluation processes that are carried out within the Department and through other state, regional, local, and municipal processes.

(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 Project Committee chair by an Assistant Secretary, designated as an Internal Sponsor.

(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, shall include but is 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 .06.C(1) of this chapter.

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

(i) Developed by the Project Committee;

(ii) Approved by the Secretary; and

(iii) Updated by the Project 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) An unsolicited proposal may be submitted at any time.

(3) An unsolicited proposal shall:

(a) Be sealed and delivered to the Secretary's Office to the attention of the Project 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 five hard copies and one electronic copy.

(4) 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 Project Committee chair.

(c) The Department may, but is not required to, schedule informal meetings in response to a request.

(d) During unsolicited informational meetings, the Department may, but is not required to, provide verbal 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 public infrastructure needs.

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

(5) An unsolicited proposal shall be conceptual, containing only the information required for the Project Committee to conduct a high-level review and screening of the proposed Public-Private Partnership concept.

(6) 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 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 the 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 Department facilities or other public infrastructure assets; and

(vi) How the Public-Private Partnership concept is consistent with existing governmental 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; and

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

(7) Unsolicited Proposal Fee.

(a) Each initial unsolicited proposal for a new project shall be accompanied by a check made payable to the State of Maryland/Department of General Services in the amount of $50,000.

(b) Each unsolicited proposal that addresses a project already in place shall be accompanied by a check in the amount of $10,000 made payable to the State of Maryland/Department of General Services.

(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) The Department may require more than one fee.

(e) Unsolicited proposal fees are non-refundable.

Md. Code Regs. 04.01.05.05

Regulation .05 adopted effective 46:26 Md. R. 1163, eff. 12/30/2019