TITLE 37
Public Property and Works

CHAPTER 37-2
State Purchases

SECTION 37-2-21


§ 37-2-21 Noncompetitive procurements.

(a) Sole source. A contract may be awarded for a supply, service, or construction item without competition when, under published regulations, the chief purchasing officer or purchasing agent, determines, in writing, that there is only one source for the required supply, service, or construction item.

(b) Emergency. Notwithstanding any other provision of this chapter, the purchasing agent may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in the regulations; provided, that the emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency, and for the selection of the particular contractor, shall be included in the contract file.

(c) Noncompetitive negotiation after competitive solicitation. Contracts issued under procedures set forth in §§ 37-2-19, 37-2-20 and 37-2-59 – 37-2-72 may be negotiated with the successful vendor(s) subject to the provisions of § 37-2-28. A written determination of the basis for the negotiated contract and supporting the negotiated price, shall be included in the contract file.

History of Section.
(P.L. 1989, ch. 526, § 2; P.L. 1999, ch. 367, § 1.)