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565
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MARVIN MANDEL, Governor
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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 OPPORTUNITY 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 OK PURSUANT
TO ANY OPEN-END BULK-PURCHASE CONTRACT OF ANY OF THEM;
(B) THE PUBLIC EXIGENCY REQUIRES THE IMMEDIATE
DELIVERY OF THE ARTICLES;
(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 INTERCHANGEABILITY OF PARTS IN THE PUBLIC INTEREST.
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.
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