1. (1) An exigency procurement of $10,000 or more shall be limited to those supplies or services necessary to meet the exigency, as defined in ARM 2.5.201. An exigency does not exist when:

   1. (a) an agency failed to procure supplies or services before the time they were needed;
   2. (b) an agency failed to timely renew an expiring contract; or
   3. (c) other inaction by the agency created the exigency.
2. (2) An agency shall decide whether public exigencies require an exigency procurement. The determination must be in writing and must state the basis for an exigency procurement and for the selection of a particular vendor.
3. (3) The procedure used shall ensure the required supplies or services are procured in time to meet the exigency. However, such competition as is practicable shall be obtained.

4. (4) A record of each exigency procurement shall be made as soon as practicable and shall include:

   1. (a) the vendor's name;
   2. (b) the amount and type of the contract;
   3. (c) a listing of the supplies or services procured under the contract; and
   4. (d) the written documentation required in (2).

Authorizing statute(s): 18-4-221, MCA

Implementing statute(s): 18-4-133, MCA

History: NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1985 MAR p. 244, Eff. 3/15/85; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1994 MAR p. 2481, Eff. 10/28/94; AMD, 1997 MAR p. 193, Eff. 1/28/97; AMD, 2022 MAR p. 1789, Eff. 9/24/22; AMD, 2024 MAR p. 1451, Eff. 6/22/24.