A.
Contracts for the purchase or lease of goods, services other than professional services and insurance may be procured with either competitive sealed bidding or competitive negotiation.
B.
Professional services shall be procured by competitive negotiation.
C.
Construction must be procured by competitive sealed bidding, except that competitive negotiation may be used in the following instances:
(1)
For a fixed-price design-build contract or a construction management contract.
(2)
For the construction of highways and any draining, dredging, excavation, grading or similar work upon real property upon a determination, made in advance by the Purchasing Agent and set forth in writing, that competitive sealed bidding is either not practicable or not fiscally advantageous to the public. The writing shall document the basis for this determination.