67-2808 EMERGENCY EXPENDITURES -- SOLE SOURCE EXPENDITURES.
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 28
PURCHASING BY POLITICAL SUBDIVISIONS
67-2808. Emergency expenditures -- Sole source expenditures. (1) Emergency expenditures.
(a) The governing board of a political subdivision may declare that an emergency exists and that the public interest and necessity demand the immediate expenditure of public money if:
(i) There is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster;
(ii) It is necessary to do emergency work to prepare for the national or local defense; or
(iii) It is necessary to do emergency work to safeguard life, health or property.
(b) Upon making the declaration of emergency, any sum required in the emergency may be expended without compliance with formal bidding procedures.
(2) Sole source expenditures.
(a) The governing board of a political subdivision may declare that there is only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this subsection (2), only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations:
(i) Where property is required to respond to a life-threatening situation or a situation which is immediately detrimental to the public welfare or property;
(ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration;
(iii) Where a sole supplier’s item is needed for trial use or testing;
(iv) The purchase of mass-produced movies, videos, books or other copyrighted materials;
(v) The purchase of property for which it is determined there is no functional equivalent;
(vi) The purchase of public utility services;
(vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or
(viii) Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances.
(b) Upon making the declaration that there is only one (1) vendor for personal property, unless the property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property, notice of a sole source procurement shall be published in the official newspaper of the political subdivision at least fourteen (14) calendar days prior to the award of the contract.