(a) Unless otherwise authorized by law, all territorial contracts shall be awarded by competitive sealed bidding, pursuant to § 5211 of this Article, except for the procurement of professional services and except as provided in:

(1) Section 5212 of this Article; [see note below] (2) Section 5213 of this Article;
(3) Section 5214 of this Article; (4) Section 5215 of this Article;
(5) Section 5216 of this Article for services specified in § 5121 of this Chapter; or

(6) Section 5217 of this Article.

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(b) Nothing in this Section requiring competitive bidding shall prohibit the development of specifications which require compatibility with existing supplies, equipment or data processing systems.

SOURCE: GC § 6959. MPC § 3-202 modified. Subsections (a)(4) and
(a)(5) amended, and (a)(6) added by P.L. 18-015:X:24 (Sept. 28, 1985).

NOTE: With respect to subsection (a)(1), section 5212 (regarding Competitive Sealed Proposals) was repealed in 1985 by P.L. 18-008:8. However, subsection (a) was not amended to reflect that repeal. In 2004, section 5212 was added as a new completely unrelated law (Bid Security and Performance Bond Requirement for Contractors) by P.L. 27-127:2 (Dec. 2, 2004).

COMMENT: In the past, some problems have arisen due to the requirement for competitive bidding for equipment which should have been, but was not, compatible with existing equipment. The reason alleged was that the lowest bidder had to be chosen. Of course, the proper writing of specifications could have prevented the problem and Subsection (b) makes clear that compatibility may be a legitimate part of the specifications. Changed by Committee on GGO.