ROBERT L. EHRLICH, JR., Governor                             Ch. 306

(2)      ENGAGE IN COMPETITIVE NEGOTIATION, RATHER THAN
COMPETITIVE BIDDING, IN LIMITED CIRCUMSTANCES, INCLUDING CONSTRUCTION
MANAGEMENT AT-RISK ARRANGEMENTS AND OTHER ALTERNATIVE PROJECT
DELIVERY ARRANGEMENTS, AS PROVIDED IN REGULATIONS ADOPTED BY THE
BOARD OF PUBLIC WORKS;

(3)     ACCEPT UNSOLICITED PROPOSALS FOR THE DEVELOPMENT OF
PUBLIC SCHOOLS IN LIMITED CIRCUMSTANCES, AS PROVIDED IN REGULATIONS
ADOPTED BY THE BOARD OF PUBLIC WORKS; AND

(4)      USE QUALITY-BASED SELECTION, IN WHICH SELECTION IS BASED
ON A COMBINATION OF QUALIFICATIONS AND COST FACTORS, TO SELECT
DEVELOPERS AND BUILDERS, AS PROVIDED IN REGULATIONS ADOPTED BY THE
BOARD OF PUBLIC WORKS.

(C)     THE BOARD OF PUBLIC WORKS SHALL ADOPT REGULATIONS REQUIRING A
PROJECT THAT QUALIFIES FOR ALTERNATIVE FINANCING METHODS UNDER THIS
SECTION TO MEET REQUIREMENTS REGARDING THE ADVANTAGES OF THE PROJECT
TO THE PUBLIC THAT INCLUDE PROVISIONS ADDRESSING:

(1)      THE PROBABLE SCOPE, COMPLEXITY, OR URGENCY OF THE PROJECT;

(2)      ANY RISK SHARING, ADDED VALUE, EDUCATION ENHANCEMENTS,
INCREASE IN FUNDING, OR ECONOMIC BENEFIT FROM THE PROJECT THAT WOULD
NOT OTHERWISE BE AVAILABLE;

(3)      THE PUBLIC NEED FOR THE PROJECT; AND

(4)      THE ESTIMATED COST OR TIMELINESS OF EXECUTING THE PROJECT.

(D)     PROJECTS THAT QUALIFY FOR ALTERNATIVE FINANCING METHODS
UNDER THIS SUBSECTION:

(1)      SHALL MEET THE EDUCATIONAL STANDARDS, DESIGN STANDARDS,
AND PROCEDURAL REQUIREMENTS UNDER THIS ARTICLE AND UNDER
REGULATIONS ADOPTED BY THE BOARD OF PUBLIC WORKS; AND

(2)      CONSISTENT WITH THE REQUIREMENTS OF THIS ARTICLE, SHALL BE
APPROVED BY:

(I) THE COUNTY GOVERNING BODY;

(II)     THE STATE SUPERINTENDENT OF SCHOOLS; OR

(III)   THE INTERAGENCY COMMITTEE ON SCHOOL CONSTRUCTION
AND THE BOARD OF PUBLIC WORKS.

(E)     USE OF ALTERNATIVE FINANCING METHODS UNDER THIS SECTION MAY
NOT BE CONSTRUED TO PROHIBIT THE ALLOCATION OF STATE FUNDS FOR PUBLIC
SCHOOL CONSTRUCTION TO A PROJECT UNDER THE PUBLIC SCHOOL
CONSTRUCTION PROGRAM.

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