{"data":{"id":"us-md/md.-code-state-finance-and-procurement-10a-202","jurisdiction":"us-md","citation":"Md. Code, State Finance and Procurement § 10A–202","heading":"","body":"(a) 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.\n(b) (1) A private entity may be qualified as a bidder through a request for qualifications.\n(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.\n(3) These discussions may be held to:\n(i) obtain comments and make revisions to solicitation documents;\n(ii) obtain the best value for the State; and\n(iii) ensure full understanding of:\n1. the requirements of the State, as set forth in the request for proposals; and\n2. the proposal submitted by the bidder.\n(c) For any private entity that responds to the public notice of solicitation, a reporting agency shall make a responsibility determination.\n(d) 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.\n(e) Any changes in the ownership composition of a public–private partnership, as described in subsection (d) of this section, require:\n(1) a responsibility determination;\n(2) 45 days’ notice to the budget committees; and\n(3) approval by the Board of Public Works.\n(f) (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.\n(2) A reporting agency shall adopt regulations that establish the process for reimbursing a private entity under paragraph (1) of this subsection.\n(3) Regulations adopted under paragraph (2) of this subsection shall:\n(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\n(ii) specify a maximum dollar amount that a reporting agency may reimburse a private entity for costs incurred under paragraph (1) of this subsection.\n(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.\n(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:\n(i) the private entity enters into a public–private partnership agreement with the reporting agency; and\n(ii) the public–private partnership agreement entered into under item (i) of this paragraph is approved by the Board of Public Works.","path":["Article - State Finance and Procurement"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf\u0026section=10A-202","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:48Z","sha256":"1cd1be06cae6a892f482c1730bf67c41c1a06c6f24b6096dbe30965cb1afda9a","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-finance-and-procurement-10a-201","next":"us-md/md.-code-state-finance-and-procurement-10a-203"},"notice":"GroundRules: Original legal text. Not legal advice."}