(1) When immediate delivery of articles or performance of service is required by the
public exigencies, the articles or service required may be procured by open purchase
or contract at the place and in the manner in which the articles are usually bought
and sold or the services engaged between individuals but under the direction of the
(2)(a) The department may exempt the department of corrections and the department
of public health and human services from the provisions of this chapter for the purchase
of suitable clothing by the department of corrections and the department of public
health and human services for residents of its institutions and community-based programs.
(b) As used in this section, “suitable clothing” means styled, seasonable clothing,
which will allow the resident to make a normal appearance in the community.
(3) When none of the bids or proposals received in response to a valid solicitation
are from a responsible bidder or offeror or responsive bidder or offeror, as defined
in 18-4-301, the procurement officer may:
(a) cancel and reissue the solicitation. If the procurement officer reissues the solicitation, the procurement officer shall
attempt to increase the number of potential vendors and may modify any specification
in the original solicitation.
(b) directly negotiate with a vendor if the procurement officer determines that a
second or subsequent solicitation would also be unsuccessful.
(4) The department shall adopt rules describing the conditions under which a procurement
officer may negotiate directly with a vendor. The rules must reflect the purposes described in 18-4-122.
(5) When a state department, agency, or official administers a grant of public funds
and contracts with a landowner to carry out a recreational or environmental remediation,
reclamation, or conservation project that benefits the state, the department may exempt
the landowner from the provisions of chapter 1 and this chapter if the landowner conducts
the work or conducts a form of competitive procurement allowed by the terms of the
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