Code of Maryland Regulations
Title 11 - DEPARTMENT OF TRANSPORTATION
Subtitle 07 - MARYLAND TRANSPORTATION AUTHORITY
Chapter 11.07.06 - Transportation Public-Private Partnership Program
Section 11.07.06.05 - Identification Process

Universal Citation: MD Code Reg 11.07.06.05

Current through Register Vol. 51, No. 6, March 22, 2024

A. Public-private partnership concepts and opportunities will be identified within the Authority and through other State, regional local, and municipal processes.

(1) Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Authority, the Department, and through other State, regional, local and municipal processes, including but not limited to:
(a) The Consolidated Transportation Program;

(b) The Statewide Transportation Improvement Program;

(c) Long-range transportation plans developed by metropolitan planning organizations; and

(d) County Priority Letters.

(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 Steering Committee chair by 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, to the extent such information is available, including but 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 .06C(1) of this chapter

(d) The format and required contents of the Public-Private Partnership Candidate Concept Application will be:
(i) Developed and updated as needed by the Steering Committee; and

(ii) Approved by the Executive Director, Chairman, and members of the Authority.

B. Unsolicited Proposals to the Authority.

(1) In accordance with State Finance and Procurement Article, § 10A -301, Annotated Code of Maryland, the Authority is permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Authority in implementing its functions in a manner consistent with State policy.

(2) Assets not defined as a transportation facilities project under Transportation Article, § 4-101(h), Annotated Code of Maryland, are not covered by the Authority's Program and should be submitted to the appropriate State agency.

(3) An unsolicited proposal may be submitted at any time.

(4) An unsolicited proposal shall:
(a) Be sealed and delivered to the Authority's Headquarters to the attention of the Executive Director, bearing the private entity's name, address, and the words Public-Private Partnership Unsolicited Proposal clearly on the outside; and

(b) Consist of 15 hardcopies and 1 electronic copy.

(5) Unsolicited Informational Meetings.
(a) Private entities may request meetings with the Steering Committee to discuss potential unsolicited proposals prior to submission.

(b) Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair

(c) The Steering Committee is not required to grant meetings in response to a request

(d) During unsolicited informational meetings, the Steering Committee may provide informal feedback and comments to the private entity.

(e) The primary purpose of unsolicited informational meetings is to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State's transportation needs.

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

(6) An unsolicited proposal shall be conceptual containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept

(7) 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 public-private partnership 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 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 transportation facilities or other public infrastructure assets for which the Authority is responsible; and

(vi) A statement of the public-private partnership concept's consistency with existing governmental transportation 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 Authority 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) A 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.

(8) Unsolicited Proposal Fee.
(a) Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program for which the Authority is responsible shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Transportation Authority.

(b) Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program and concerns a public infrastructure asset for which the Authority is responsible shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Transportation Authority.

(c) The Authority reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals will be considered separate proposals that require separate proposal fees.

(d) Unsolicited proposal fees are nonrefundable.

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