§ 10-2-502. CAPITAL IMPROVEMENT CONTRACTS.

(a)

Methods of awarding. If the capital improvement project is to be constructed by contract, competitive bids or proposals shall be secured and the contract shall be awarded, as applicable, in accordance with:

(1)

Subtitle 4 of this title;

(2)

§ 10-2-308 of this title; or

(3)

Subsection (b) of this section.

(b)

Competitive negotiation. With the approval of the Department of Public Works and the County Administrative Officer, the Purchasing Agent may award any capital improvement contract by competitive negotiation, in accordance with the requirements of the Purchasing Manual, if the Purchasing Agent determines that:

(1)

It is not appropriate or feasible to prepare specifications that allow an award on the basis of the lowest bid price;

(2)

The award of the contract on the basis of the lowest bid price is not appropriate or feasible or is not in the best interests of the county, taking into account cost, time required for acquisition of the capital improvement, and any other relevant factors; or

(3)

There is some other reason in the public interest to use competitive negotiation instead of competitive sealed bids.

(c)

Contract formalities. A capital improvement contract shall be:

(1)

Approved by the County Attorney as to form and legal sufficiency; and

(2)

Awarded only after receiving the written approval of the Department of Public Works, the Director of Budget and Finance, and the County Administrative Officer.

(1988 Code, § 15-92) (Bill No. 125-94, § 1, 10-30-1994; Bill No. 49-96, § 7, 7-1-1996; Bill No. 65-98, § 1, 7-10-1998; Bill No. 83-00, § 2, 7-1-2004; Bill No. 72-03, § 13, 7-1-2004)