Md. Code Regs. 11.07.06.07 - Presolicitation

A. Presolicitation Report Development.
(1) The development of a presolicitation 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 Executive Director shall determine:
(a) The tasks required for the development of a presolicitation report; and
(b) The responsible parties within the Authority.
(3) The development of a presolicitation 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) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method; and
(viii) In the event that a public-private partnership delivery method may have a potential impact on existing State employees, an analysis of the potential impact and potential options for mitigating that impact;
(b) Issuing public requests for information to obtain additional information that may help the Authority confirm or refine key assumptions; and
(c) Organizing public industry forums to obtain additional information that may help the Authority confirm or refine key assumptions.
(4) If it is determined that the proposed public-private partnership delivery method will impact existing State employees, the Authority shall arrange for meetings between the Executive Director, or the Executive Director's designee, and representatives of the affected bargaining units, if any, for a preliminary discussion of potential impact and potential options for mitigating the impact.
B. The Authority may not issue a public notice of solicitation for a public-private partnership until:
(1) The Chairman and members of the Authority approve the presolicitation notice;
(2) A presolicitation report concerning the proposed public-private partnership is submitted to 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
(3) The Authority 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.

Notes

Md. Code Regs. 11.07.06.07
Regulations .07 adopted effective 42:25 Md. R. 1544, eff.12/21/2015

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