Ch. 307                                    2004 LAWS OF MARYLAND

COOPERATIVE USE OF THE SCHOOL OR AN ADJACENT PROPERTY AND GENERATION
OF REVENUE TO OFFSET THE COST OF CONSTRUCTION OR USE OF THE SCHOOL; AN©

(4) PERFORMANCE-BASED CONTRACTING, IN WHICH A COUNTY BOARD
ENTERS INTO AN ENERGY PERFORMANCE CONTRACT TO OBTAIN FUNDING FOR A
PROJECT WITH GUARANTEED ENERGY SAVINGS OVER A SPECIFIED TIME PERIOD;
AND

(5) DESIGN-BUILD ARRANGEMENTS, THAT PERMIT A COUNTY BOARD TO
CONTRACT WITH A DESIGN-BUILD BUSINESS ENTITY FOR THE COMBINED DESIGN
AND CONSTRUCTION OF QUALIFIED EDUCATION FACILITIES, INCLUDING
FINANCING MECHANISMS WHERE THE BUSINESS ENTITY ASSISTS THE LOCAL
GOVERNING BODY IN OBTAINING PROJECT FINANCING.

(B)     EXCEPT WHEN PROHIBITED BY LOCAL LAW, IN ORDER TO FINANCE OR TO
SPEED DELIVERY OF, TRANSFER RISKS OF, OR OTHERWISE ENHANCE THE DELIVERY
OF PUBLIC SCHOOL CONSTRUCTION, A COUNTY MAY:

(1)      USE ALTERNATIVE FINANCING METHODS;

(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:

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