(1) When immediate delivery of supplies, equipment, or services is required in an emergency, including but not limited to fire, flood, explosion, storm, earthquake, riot, or insurrection, the provisions of 76-15-1005 and 76-15-1006 do not apply if:
- (a) the supervisors act, by majority vote in an open meeting, in a manner that best meets the emergency and serves the public interest; and
- (b) the emergency is declared and recorded in the minutes of the board of supervisors meeting.
- (2) Supplies or services may be purchased without bid from government agencies if purchased at a substantial savings.
(3)
- (a) Contracts for the purchase of vehicles, machinery, equipment, materials, or supplies or for construction, repair, restoration, or maintenance for which the cost is less than the limit provided in 7-5-2301 may be entered into by direct negotiation.
- (b) A contract for architectural, engineering, and land surveying services may be entered into by direct negotiation subject to the limits of 18-8-212.
(c) For other contracts, if the total contract value is estimated to be:
- (i) less than $10,000, a purchase technique may be used to meet conservation district needs;
- (ii) more than $10,000 but not to exceed $100,000, a limited solicitation procedure may be used. This procedure requires a minimum of three viable written or oral quotations, if available, with an award based on the lowest responsible bid price that meets all criteria and specifications. A conservation district shall document the basis for an award under a limited solicitation procedure.
- (iii) more than $100,000, a conservation district shall advertise for bids, proposals, or qualifications pursuant to 76-15-1006 and award a contract using a request for proposal or an invitation to bid pursuant to 76-15-1012.
- (4) Vehicles, machinery, equipment, materials, or supplies may be rented if the rental results in a substantial savings over purchase.
History: En. Sec. 5, Ch. 155, L. 2015; amd. Sec. 5, Ch. 585, L. 2025.