SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly-enabled procurement state / market.
Does this state have broadly enabling P3 legislation?
Maryland's statutory authority allows for P3s: applied to transportation infrastructure projects, including roads, highways, bridges, seaports, airports and transit; for municipal facilities, with certain eligibility restrictions’ and environmental projects (wastewater, water treatment, stormwater, flood mitigation).
Does the state allow for unsolicited proposals?
Maryland does allow for the receipt and review of unsolicited proposals, and requires competitive bidding for those.
What is the P3 contract approval authority?
P3 procurements require legislative review and approval.
What is the state's P3 procurement process?
Multi-tiered review and approval process, for both solicited and unsolicited proposals, including RFIs, RFQs, and RFPs.
Does the state have resources dedicated to P3s?
No. State Department of General Services, State DOT, Maryland Transportation Authority, the University System of Maryland, Morgan State University, St. Mary's College of Maryland and the Baltimore City Community College.
Is this a Home Rule state, with limitations or opportunities for P3?
Maryland employs Dillon's Rule to all municipalities; which allows legislative control of local government structure, methods of financing its activities, procedures and authority.
Does this state have programmatic requirements for MWDBE participation?
Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Each public-private partnership project shall be subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
Compliance with Federal mandates related to payment and performance guarantees is required for projects involving Federal funding (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
Qualified projects are eligible for combinations of funding and financing resources and programs, including Federal programs (i.e., TIFIA and PABs) and State funds; though not local (county or municipal funding initiatives.
What project types or asset classes are eligible for P3s in this state?
Transportation and more broadly defined as “public infrastructure assets” (including ‘social’). State-level transportation and shared-use arrangements of school facilities in exchange for school property enhancements and/or revenue (limited applicability to educational facilities, though available for use).
Are there projects where the P3 procurement method has been applied?
Sea Girt Marine Terminal, Baltimore, MD. Purple Line (mass transit project). Howard County Courthouse.