§ 9-1-116. CONSTRUCTION, ETC., CONTRACTS.

(a)

If any project or any portion thereof or any improvement thereof shall be constructed, equipped, or furnished pursuant to a contract and the estimated cost thereof exceeds seventy-five hundred dollars ($7,500.00) or whatever amount is set by the authority members, but not to exceed the amount set by legislative act of the County Council with respect to the county's purchases made pursuant to Section 904 of the Charter, such contract shall be awarded to the lowest responsible bidder after advertisement for bids, except as provided in subsections (b) and (c) of this section. The authority may make rules and regulations for the submission of bids and the construction, equipping, furnishing, and improvement of any project or portion thereof. No contract shall be entered into for construction, equipping, furnishing, or improvement of any project or portion thereof or for the purchase of materials unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the authority and in an amount fixed by the authority for the faithful performance of the contract; and such contract shall be accompanied by an additional bond for the protection of those to furnish labor and material. All construction contracts shall provide, among other things, that the person or corporation entering into such contract with the authority will pay for all materials furnished and services rendered for the performance of the contract, and that any person or corporation furnishing such materials or rendering such services may maintain an action to recover for the same against the obligor in the undertaking as though such person or corporation was named therein, provided the action is brought within three (3) years after the cause of action accrued. Nothing in this section shall be construed to limit the power of the authority to construct any project or portion thereof or any addition, betterment, or extension thereto, directed by the officers, agents, and employees of the authority, or by agreement with the federal and state governments or any agency or department of either. Subject to the aforesaid, the authority may (but without intending by this provision to limit any powers of such authority) enter into and carry out such contracts or establish or comply with such rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the authority may deem desirable or as may be requested by any federal agency that may assist in the financing of such project or any part thereof.

(b)

Notwithstanding the provisions of subsection (a) of this section, the authority may establish reasonable rules and regulations governing emergency purchases and contracts and those involving a single or limited source services or materials and services or materials and equipment of an unusual or noncompetitive nature that can be purchased only from a single source and which shall not be subject to competitive bidding; provided, however, that no single emergency purchase or contract shall exceed twenty thousand dollars ($20,000.00).

(c)

If the authority finds that the procedures set forth in subsections (a) and (b) of this section are not appropriate or feasible and are impracticable in the construction, equipping, or furnishing of a project, the authority may adopt, by resolution, other procedures as it may deem appropriate in the awarding of contracts relating to a specific project, including (without limitation) competitive negotiation and noncompetitive negotiation; however, the title or summary of such resolution shall be published in a newspaper of general circulation in the county within ten (10) days after such resolution was adopted by the authority. Without in any way limiting the generality of the foregoing, by resolution adopted under this subsection, the authority may adopt alternative procedures, if the authority determines that:

(1)

A project is integrated with surrounding development efforts, whether undertaken by the county, the authority, or another person; and

(2)

A need exists for coordination between the authority in constructing, equipping, or furnishing the project and the other person undertaking the development efforts.

(Laws of Md. (1968) ch. 426; Laws of Md. (1971) ch. 137; Laws of Md. (1982) ch. 579; Laws of Md. (1984) ch. 16) (1988 Code, § 30-16) (Bill No. 48-02, § 1, 7-1-2004)