(a) Except as otherwise expressly provided in this chapter, all purchases and contracts for supplies for services, except for professional or expert services, made by the Authority, including contracts for the construction of facilities of the Authority, shall be made after advertisement for bids sufficiently in advance of opening bids for the Authority to secure appropriate notice and opportunity for competition; except, that where the expense estimated to be necessary in connection with the purchase or work does not exceed Fifty Thousand Dollars ($50,000.00) the same may be carried out without advertisement for bids. Advertisement for bids shall not be required, however, when—
(1) an emergency requires immediate delivery of the materials, supplies, equipment, or performance of the services; or
(2) repair parts, accessories, or supplemental equipment or services are required for supplies or service previously furnished or contracted for; or
(3) professional, financial (including financial printing) or other expert services or work are required and the Authority shall deem it best in the interest of good administration that contracts therefore be made without such advertisement; or
(4) prices are noncompetitive because there is only one source of supply or because regulated under law; in such case the purchase of such materials, supplies, or equipment, or procurement of such services, may be made in the open market in the manner usual in commercial practice.
In the comparison of bids and the making of awards, due consideration shall be given to such factors (in addition to whether the bidder has complied with the specifications) as the bidder's ability to perform construction work of the kind involved in the construction contract under consideration; the relative quality and adaptability of materials, supplies, equipment, or services; and the time of delivery or performance offered. Notwithstanding the foregoing, the Authority shall be exempt from complying with any of its bidding requirements for the procurement of construction, purchase, or any other types of contracts when it is deemed necessary and convenient to comply with the public purposes of this chapter and is so authorized by the Board of Directors in each particular case by a resolution to such effect. Said resolution shall state the circumstances that justify that the Authority may be exempted from the bidding requirements. A copy of said resolution shall be submitted to the Office of the Secretary of the Legislature within five (5) working days after the Board adopts said resolution.(b) Any contract, purchase agreement, or other instrument of sale accepted by the Authority for construction of a wastewater transportation system, pumping facility, treatment facility or solid waste management facility may, at the direction of the Authority, contain an enforceable performance guarantee by the seller that the completed system will produce as specified in the accepted contract, purchase agreement, or other instrument of sale. The seller may, at the direction of the Authority, be required to provide, in addition to any guarantee, a detailed plan for engineering maintenance supervision and give assurances satisfactory to the Authority that such plan, if implemented, will enable the system to be operated as specified and during the life anticipated in the contract, purchase agreement, or other instrument of sale.