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
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