Ch. 494                                    1995 LAWS OF MARYLAND

2.       THE AUTHORITY MAY USE PROCEDURES OTHER THAN COMPETITIVE
PROCEDURES IF: A. THE PROPERTY, SERVICES, OR CONSTRUCTION NEEDED BY THE
AUTHORITY ARE AVAILABLE FROM ONLY ONE RESPONSIBLE SOURCE AND NO
OTHER TYPE OF PROPERTY, SERVICES, OR CONSTRUCTION WILL SATISFY THE
NEEDS OF THE AUTHORITY; OR B. 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 C. THE PROPERTY OR SERVICES NEEDED CAN BE OBTAINED
THROUGH FEDERAL OR OTHER GOVERNMENTAL SOURCES AT REASONABLE
PRICES.

3.       FOR THE PURPOSE OF APPLYING SUBSECTION 2.A. OF THIS SECTION: A. 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. B. 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 (II) UNACCEPTABLE DELAYS IN
FULFILLING THE AUTHORITY'S NEEDS.

4.       IF THE AUTHORITY USES PROCEDURES OTHER THAN COMPETITIVE
PROCEDURES TO PROCURE PROPERTY, SERVICES, OR CONSTRUCTION UNDER
SUBSECTION 2.B. OF THIS SECTION. THE AUTHORITY SHALL REQUEST OFFERS FROM
AS MANY POTENTIAL SOURCES AS IS PRACTICABLE UNDER THE CIRCUMSTANCES.

5.       A. TO PROMOTE EFFICIENCY AND ECONOMY IN CONTRACTING, THE
AUTHORITY MAY USE SIMPLIFIED ACQUISITION PROCEDURES FOR PURCHASES OF
PROPERTY, SERVICES. AND CONSTRUCTION. B. FOR THE PURPOSES OF THIS
SUBSECTION, SIMPLIFIED ACQUISITION PROCEDURES MAY BE USED FOR
PURCHASES FOR AN AMOUNT THAT DOES NOT EXCEED THE SIMPLIFIED
ACQUISITION THRESHOLD ADOPTED BY THE FEDERAL GOVERNMENT. C. A
PROPOSED PURCHASE OR CONTRACT FOR AN AMOUNT ABOVE THE SIMPLIFIED
ACQUISITION THRESHOLD MAY NOT BE DIVIDED INTO SEVERAL PURCHASES OR

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