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



(1)  A situation of an unusual or compelling urgency
creates a threat to life, public health, welfare, or safety by reason of major
natural disaster, epidemic, riot, fire, or such other reason as may be
determined by the head of that purchasing agency;



(2)  The emergency condition generates an immediate
and serious need for goods, services, or construction that cannot be met
through normal procurement methods and the government would be seriously
injured if the purchasing agency is not permitted to employ the means it
proposes to use to obtain the goods, services, or construction; and



(3)  Without the needed good, service, or
construction, the continued functioning of government, the preservation or
protection of irreplaceable property, or the health and safety of any person
will be seriously threatened.



(b)  The emergency procurement shall be made
with such competition as is practicable under the circumstances and, where
practicable, approval from the chief procurement officer shall be obtained
prior to the procurement.  A written determination of the basis for the
emergency and for the selection of the particular contractor shall be included
in the contract file. [L Sp 1993, c 8, pt of §2]