Whenever a bridge, culvert, roadway, or any other physical property of the state highway system has been damaged to the extent that it is not usable by the traveling public or is unsafe for use, and by order of the governor it is determined that an emergency exists, the department shall proceed with due diligence to reopen the highway to traffic and make it safe for the traveling public. For this purpose, the department may proceed without advertising for bids if:

1. (1) three (3) or more bids are invited from persons prequalified to perform the work required to be done; and
2. (2) the records of the department show the names of those persons invited to bid.

As added by P.L.18-1990, SEC.220.