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A.  When recommended by the chief engineer, the assistant secretaries,

or the executive directors of the various offices and divisions of the department and when in the opinion of the secretary the best interest of the state will be served, emergency purchases of commodities, materials, supplies, equipment and miscellany, or purchases or leases of noncompetitive or patented articles, devices, equipment, or commodities may be negotiated and made without requesting bids.  However, the essential documents authorizing these purchases or leases shall have written on their face the explicit reasons supporting the necessity for these leases or purchases.  

B.  When sections of highway, the component parts thereof, or any facility under the control of the department are damaged, obstructed, or destroyed by storms, floods, collisions, or other occurrences of violence, so as to impede or interrupt the normal use of the highway or facility, the secretary may make, or authorize to be made, without requesting bids, such emergency purchases as are required to temporarily repair the highway or facility until permanent repairs can be made.  Such temporary repairs shall be held to the minimum necessary and plans shall immediately be started for the permanent rehabilitation of the highway or facility.  

Amended by Acts 1977, No. 291, §1; Acts 1979, No. 413, §6, eff. July 11, 1979; Acts 1984, No. 625, §1.