J. MILLARD TAWES, Governor 1415
thousand five hundred dollars ($2,500) shall be advertised and let
upon sealed bids to the lowest responsible bidder. Notice requesting
such bids shall be published in a manner reasonably likely to attract
prospective bidders, which publication shall be made at least ten
days before bids are received and in at least two newspapers of
general circulation in the Zone. The Board may reject any and all
bids and readvertise in its discretion. If after rejecting bids the
Board determines and resolves that, in its opinion, the supplies,
equipment and materials may be purchased at a lower price in the
open market, the Board may give each responsible bidder an oppor-
tunity to negotiate a price and may proceed to purchase the supplies,
equipment and materials in the open market at a negotiated price
which is lower than the lowest rejected bid of a responsible bidder,
without further observance of the provisions requiring bids or notice.
The Board shall adopt rules and regulations to provide for purchasing
from the lowest responsible bidder when sealed bids, notice and
publication are not required by this section. The Board may suspend
and waive the provisions of this section requiring competitive bids
whenever:
(a) the purchase is to be made from or the contract is to be made
with the Federal or any State government or any agency or political
subdivision thereof or pursuant to any open end bulk purchase con-
tract of any of them;
(b) the public exigency requires the immediate delivery of the
articles; or performance of the service;
(c) only one source of supply is available; or
(d) the equipment to be purchased is of a technical nature and
the procurement thereof without advertising is necessary in order to
assure standardization of equipment and inter changeability of parts
in the public interest.
317-74. Rights of Way—
The Board is authorized to locate, construct and maintain any of
its transit and related facilities in, upon, over, under or across any
streets, highways, freeways, bridges and any other vehicular facilities,
subject to the applicable laws governing such use of such facilities by
public agencies. In the absence of such laws, such use of such facilities
by the Board shall be subject to such reasonable conditions as the
highway department or other affected agency of a signatory party
may require; provided, however, that the Board shall not construct
or operate transit or related facilities upon, over, or across any
parkways or park lands without the consent of, and except upon the
terms and conditions required by, the agency having jurisdiction
with respect to such parkways and park lands, but may construct or
operate such facilities in a subway under such parkways or park
lands upon such reasonable terms and conditions as may be specified
by the agency having jurisdiction with respect thereto.
317-75. Compliance with Laws, Regulations and Ordinances—
The Board shall comply with all laws, ordinances and regulations
of the signatories and political subdivisions and agencies thereof
with respect to use of streets, highways and all other vehicular
facilities, traffic control and regulation, zoning, signs and buildings.
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