§ 37-2-21 - Noncompetitive procurements.
SECTION 37-2-21
§ 37-2-21 Noncompetitive procurements.– (a) Sole source. A contract may be awarded for a supply, service, orconstruction item without competition when, under published regulations, thechief purchasing officer or purchasing agent, determines, in writing, thatthere is only one source for the required supply, service, or construction item.
(b) Emergency. Notwithstanding any other provision ofthis chapter, the purchasing agent may make or authorize others to makeemergency procurements when there exists a threat to public health, welfare, orsafety under emergency conditions as defined in the regulations; provided, thatthe emergency procurements shall be made with such competition as ispracticable under the circumstances. A written determination of the basis forthe emergency, and for the selection of the particular contractor, shall beincluded in the contract file.
(c) Noncompetitive negotiation after competitivesolicitation. Contracts issued under procedures set forth in §§37-2-19, 37-2-20 and 37-2-59 – 37-2-72 may be negotiated with thesuccessful vendor(s) subject to the provisions of § 37-2-28. A writtendetermination of the basis for the negotiated contract and supporting thenegotiated price, shall be included in the contract file.