§ 41-4-136 — Emergency Procurements

(a) Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency may make emergency procurements when there is a threat to public health, welfare, or safety under emergency conditions, as defined by rule. Emergency procurements made under this section shall be made with as much competition as is practicable under the circumstances.
(b) The authority to make emergency procurements may not be delegated except to the Chief Procurement Officer’s staff in the Division of Procurement at his or her direction. Supplies and services that are exempt from the oversight and authority of the Chief Procurement Officer, including, but not limited to, those listed in Sections 41-4-125, 41-4-125.01, and 41-4-126, shall not be required to be procured under the emergency procurement authority of the Chief Procurement Officer. A purchasing agency not otherwise under the oversight and authority of the Chief Procurement Officer shall not be required to make emergency procurements under the authority of the Chief Procurement Officer.
(c) A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

Legislative History

(Act 2021-296, §2; Act 2025-35, §1)