[§103D-307]  Emergency procurements. (a)  The head of a purchasing agency may obtain a good, service, orconstruction essential to meet an emergency by means other than specified inthis chapter when the following conditions exist:

(1)  A situation of an unusual or compelling urgencycreates a threat to life, public health, welfare, or safety by reason of majornatural disaster, epidemic, riot, fire, or such other reason as may bedetermined by the head of that purchasing agency;

(2)  The emergency condition generates an immediateand serious need for goods, services, or construction that cannot be metthrough normal procurement methods and the government would be seriouslyinjured if the purchasing agency is not permitted to employ the means itproposes to use to obtain the goods, services, or construction; and

(3)  Without the needed good, service, orconstruction, the continued functioning of government, the preservation orprotection of irreplaceable property, or the health and safety of any personwill be seriously threatened.

(b)  The emergency procurement shall be madewith such competition as is practicable under the circumstances and, wherepracticable, approval from the chief procurement officer shall be obtainedprior to the procurement.  A written determination of the basis for theemergency and for the selection of the particular contractor shall be includedin the contract file. [L Sp 1993, c 8, pt of §2]