WILLIAM DONALD. SCHAEFER, Governor Ch. 541

ENGINEERING OF ANY PORT FACILITY SHALL BE ADVERTIZED AND LET UPON
SEALED BIDS TO THE LOWEST RESPONSIBLE BIDDER. THE ADMINISTRATION
MAY, SUBJECT TO COMMISSION APPROVAL, REJECT ANY AND ALL BIDS.

(3) THE COMMISSION MAY SUSPEND AND WAIVE THE

PROVISIONS OF SUBSECTION (2) REQUIRING COMPETITIVE BIDS WHENEVER:

(I) SPECIFICATIONS CANNOT BE PREPARED THAT

PERMIT AN AWARD ON THE BASIS OF COMPETITIVE SEALED BIDS;

(II) 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;

(III) THERE IS AN UNANTICIPATED EMERGENCY WHICH
LEAVES INSUFFICIENT TIME TO USE COMPETITIVE SEALED BIDS;

(IV) THERE IS ONLY ONE AVAILABLE SOURCE;

(V) 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; OR

(VI) IT IS DETERMINED BY THE COMMISSION THAT IT
IS IN THE BEST PUBLIC INTEREST TO USE ANOTHER AUTHORIZED METHOD.

(4) WHEN EXCEPTION (3)(I) OPERATIVE THE

PROCUREMENT SHALL BE MADE THROUGH COMPETITIVE NEGOTIATION. WHEN
EXCEPTIONS (3)(II) THROUGH (VI) ARE OPERATIVE THE PROCUREMENT MAY
BE MADE THROUGH NONCOMPETITIVE NEGOTIATION.

(B) NOTWITHSTANDING ANY OTHER LAWS OF THIS STATE RELATING
TO ANY OTHER STATE EMPLOYEES THE COMMISSION MAY ADOPT RULES AND
REGULATIONS TO GOVERN PERSONNEL OF THE ADMINISTRATION. PRIOR TO
NOVEMBER 1, 1988 THE COMMISSION SHALL PRESENT THESE RULES AND
REGULATIONS TO THE LEGISLATIVE POLICY COMMITTEE FOR THEIR REVIEW.
HE COMMISSION HAS THE AUTHORITY TO:

(1) ESTABLISH A PERSONNEL SYSTEM BASED ON MERIT AND
FITNESS;

(2) CREATE AND ABOLISH ANY POSITION OTHER THAN ONE
SPECIFICALLY PROVIDED FOR IN THIS TITLE;

(3) DETERMINE THE QUALIFICATION, APPOINTMENT,

REMOVAL, TERM, TENURE, COMPENSATION, BENEFITS, HOLIDAY SCHEDULE,
LEAVE POLICY, AND ANOTHER OTHER MATTER CONCERNING EMPLOYEES;

(A) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW RELATING
TO ANY OTHER STATE EMPLOYEES, THE COMMISSION MAY ADOPT
REGULATIONS TO GOVERN THE PERSONNEL OF THE ADMINISTRATION.
BEFORE NOVEMBER 1, 1988, THE COMMISSION SHALL PRESENT ANY

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