Ch. 599

1996 LAWS OF MARYLAND

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.

2. The Authority may use procedures other than competitive procedures if: a.
the [property] GOODS, services, or construction needed by the Authority are available
from only one responsible source and no other type of [property] GOODS, services, or
construction will satisfy the needs of the Authority; [or] b. the Authority's need for the
[property] GOODS, 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] GOODS
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] GOODS, services, or construction to be awarded on the basis of
acceptance of an unsolicited proposal, the [property] GOODS, 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] GOODS, 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 contracts for lesser amounts in order to use the procedures under paragraph

- 3450 -