PARRIS N. GLENDENING, Governor

Ch. 252

PROPERTY, SERVICE, OR CONSTRUCTION IF THE AUTHORITY DETERMINES THAT
EXCLUDING THE SOURCE WOULD INCREASE OR MAINTAIN COMPETITION AND
WOULD LIKELY RESULT IN REDUCED OVERALL COSTS FOR PROCUREMENT OF
PROPERTY, SERVICES, OR CONSTRUCTION.

(C) THE AUTHORITY MAY USE PROCEDURES OTHER THAN COMPETITIVE
PROCEDURES IF:

(1)      THE PROPERTY, SERVICES, OR CONSTRUCTION NEEDED BY THE
AUTHORITY IS AVAILABLE FROM ONLY ONE RESPONSIBLE SOURCE, AND NO OTHER
TYPE OF PROPERTY, SERVICES OR CONSTRUCTION WILL SATISFY THE NEEDS OF
THE AUTHORITY; OR

(2)      THE AUTHORITY'S NEED FOR THE PROPERTY, SERVICES, OR
CONSTRUCTION IS OF SUCH AN UNUSUAL AND COMPELLING URGENCY THAT THE
AUTHORITY WOULD BE SERIOUSLY INJURED UNLESS THE AUTHORITY LIMITS THE
NUMBER OF SOURCES FROM WHICH IT SOLICITS BIDS OR PROPOSALS; OR

(3)      THE AUTHORITY DETERMINES THAT IT IS NECESSARY IN THE
PUBLIC INTEREST TO USE PROCEDURES OTHER THAN COMPETITIVE PROCEDURES
IN THE PARTICULAR PROCUREMENT; OR

(4)      THE PROPERTY OR SERVICES NEEDED CAN BE OBTAINED THROUGH
FEDERAL OR OTHER GOVERNMENTAL SOURCES AT REASONABLE PRICES.

(D) FOR THE PURPOSE OF APPLYING SUBSECTION (C)(1) OF THIS SECTION:

(1)      IN THE CASE OF A CONTRACT FOR PROPERTY, SERVICES, OR
CONSTRUCTION TO BE AWARDED ON THE BASIS OF ACCEPTANCE OF AN
UNSOLICITED PROPOSAL, THE PROPERTY, SERVICES, OR CONSTRUCTION SHALL BE
DEEMED TO BE AVAILABLE FROM ONLY ONE RESPONSIBLE SOURCE IF THE SOURCE
HAS SUBMITTED AN UNSOLICITED PROPOSAL THAT DEMONSTRATES A CONCEPT:

(I)      THAT IS UNIQUE AND INNOVATIVE OR, IN THE CASE OF A
SERVICE, FOR WHICH THE SOURCE DEMONSTRATES A UNIQUE CAPABILITY TO
PROVIDE THE SERVICE; AND

(II)     THE SUBSTANCE OF WHICH IS NOT OTHERWISE AVAILABLE TO
THE AUTHORITY AND DOES NOT RESEMBLE THE SUBSTANCE OF A PENDING
COMPETITIVE PROCUREMENT.

(2)      IN THE CASE OF A FOLLOW-ON CONTRACT FOR THE CONTINUED
DEVELOPMENT OR PRODUCTION OF A MAJOR SYSTEM OR HIGHLY SPECIALIZED
EQUIPMENT OR THE CONTINUED PROVISION OF HIGHLY SPECIALIZED SERVICES,
THE PROPERTY, SERVICES, OR CONSTRUCTION MAY BE DEEMED TO BE AVAILABLE
FROM ONLY THE ORIGINAL SOURCE AND MAY BE PROCURED THROUGH
PROCEDURES OTHER THAN COMPETITIVE PROCEDURES IF IT IS LIKELY THAT
AWARD TO A SOURCE OTHER THAN THE ORIGINAL SOURCE WOULD RESULT IN:

(I) SUBSTANTIAL DUPLICATION OF COST TO THE AUTHORITY
THAT IS NOT EXPECTED TO BE RECOVERED THROUGH COMPETITION; OR

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