(a) If any project or part of a project is constructed, improved, equipped, or furnished under a contract and the estimated cost exceeds $10,000, the contract must be awarded to the lowest responsible and responsive bidder on a competitive basis. The Authority may adopt regulations for the submission of bids in these circumstances. Contracts for constructing, equipping, furnishing, or improving a project should require that a contractor give sufficient surety, approved by the Authority and in an amount fixed by the Authority, for the faithful performance of the contract. The contract must be accompanied by an additional bond for the protection of labor and material subcontractors. Each construction contract must require the contractor to pay for all materials furnished and services rendered to perform the contract. The contract must also provide that any person who furnishes materials or services may maintain an action to recover the fair value of them against the obligor under the bond as though such person were named, if the action is brought within one year after the cause of action occurred. This Section does not limit the power of the Authority to construct any project or part of a project, or any improvement to a project, directly by the officers, agents, and employees of the Authority, or by agreement with the federal or State government. The Authority may enter into and perform such contracts, or establish or comply with any rules and regulations concerning labor, materials, and other related matters in connection with any project as the Authority finds desirable, or as may be requested by any federal or State agency as part of the financing of the project.
(b) (1) The Authority must structure its procurement procedures to comply with the minority business goals of the County Code. The substantive procedures should be consistent with the minority business procurement provisions of the County Code applicable to County government and related executive regulations. The Authority is subject to the certification and decertification procedures used by the County.
(2) This subsection does not prohibit the Authority from using federal minority business requirements, if applicable.
(3) Any failure to comply with this subsection does not affect the validity of any bonds of the Authority.
(4) By September 1 of each year, the Authority must submit a report to the Council and the Executive that contains the information required in Section 11B-23D(a) as it would apply to the Authority.
(5) This subsection does not give any person or business any right or status, including standing, to challenge the award of a contract or subcontract made by the Authority. The provisions of this subsection are enforceable only through the oversight function of the Executive and the Council.
(c) The Authority is subject to the recycled materials procurement provisions of Sections 11B-44 (a), (b), and (c), as they apply to the Authority. (1992 L.M.C., ch. 35, § 2.)
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