PARRIS N. GLENDENING, Governor

Ch. 494

WHENEVER A REASONABLE PRICE CANNOT BE AGREED UPON, OR WHENEVER
THE OWNER IS LEGALLY INCAPACITATED OR IS ABSENT, UNKNOWN OR UNABLE TO
CONVEY VALID TITLE, THE AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED
TO ACQUIRE BY CONDEMNATION OR BY THE EXERCISE OF THE POWER OF EMINENT
DOMAIN ANY LANDS, PROPERTY, RIGHT, RIGHTS-OF-WAY, FRANCHISES,
EASEMENTS, AND OTHER PROPERTY DEEMED NECESSARY OR CONVENIENT FOR
THE CONSTRUCTION OR THE EFFICIENT OPERATION OF THE PROJECT OR
NECESSARY IN THE RESTORATION OF PUBLIC OR PRIVATE PROPERTY DAMAGED OR
DESTROYED.

WHENEVER THE AUTHORITY ACQUIRES PROPERTY UNDER THIS ARTICLE IV
OF THIS CHAPTER, IT SHALL COMPLY WITH THE APPLICABLE FEDERAL LAW
RELATING TO RELOCATION AND RELOCATION ASSISTANCE. IF THERE IS NO
APPLICABLE FEDERAL LAW. THE AUTHORITY SHALL COMPLY WITH THE PROVISION
OF THE STATE LAW OF THE SIGNATORY IN WHICH THE PROPERTY IS LOCATED
GOVERNING RELOCATION AND RELOCATION ASSISTANCE.

IN ADVANCE OF UNDERTAKING ANY ACQUISITION OF PROPERTY OR
EASEMENTS IN MARYLAND OR THE CONDEMNATION OF SUCH PROPERTY, THE
AUTHORITY MUST OBTAIN FROM THE MARYLAND BOARD OF PUBLIC WORKS
APPROVAL OF A PLAN IDENTIFYING THE PROPERTIES TO BE OBTAINED FOR THE
PROJECT. CONDEMNATION PROCEEDINGS SHALL BE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW OF THE SIGNATORY IN WHICH THE PROPERTY IS
LOCATED GOVERNING CONDEMNATION BY THE HIGHWAY AGENCY OF SUCH STATE.
NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE THE AUTHORITY TO
CONDEMN THE PROPERTY OF THE COMMONWEALTH OF VIRGINIA OR THE STATE
OF MARYLAND.

B. PROCUREMENT

1. EXCEPT AS PROVIDED IN SUBSECTIONS 2. 3, AND 6 OF THIS SECTION B,
AND EXCEPT IN THE CASE OF PROCUREMENT PROCEDURES OTHERWISE EXPRESSLY
AUTHORIZED BY STATUTE. THE AUTHORITY IN CONDUCTING A PROCUREMENT OF
PROPERTY, SERVICES, OR CONSTRUCTION SHALL: A. OBTAIN FULL AND OPEN
COMPETITION THROUGH THE USE OF COMPETITIVE PROCEDURES IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS SECTION: AND B. USE THE COMPETITIVE
PROCEDURE OR COMBINATION OF COMPETITIVE PROCEDURES THAT IS BEST
SUITED UNDER THE CIRCUMSTANCES OF THE PROCUREMENT. IN DETERMINING
THE COMPETITIVE PROCEDURE APPROPRIATE UNDER THE CIRCUMSTANCES, THE
AUTHORITY SHALL: A. SOLICIT SEALED BIDS IF: (I) TIME PERMITS THE
SOLICITATION, SUBMISSION. AND EVALUATION OF SEALED BIDS; (II) THE AWARD
WILL BE MADE ON THE BASIS OF PRICE AND OTHER PRICE-RELATED FACTORS; (III)
IT IS NOT NECESSARY TO CONDUCT DISCUSSIONS WITH THE RESPONDING SOURCES
ABOUT THEIR BIDS: AND (IV) THERE IS A REASONABLE EXPECTATION OF
RECEIVING MORE THAN ONE SEALED BID; OR B. REQUEST COMPETITIVE
PROPOSALS IF SEALED BIDS ARE NOT APPROPRIATE UNDER CLAUSE A. OF THIS
SENTENCE.

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