1. (a) If a purchase of goods or services is required as a direct result of a bona fide emergency that constitutes an immediate threat to public or client health or safety or which creates an imminent risk of loss to the Department that is documented and justified in the procurement record, the Department may use noncompetitive procurement methods.
2. (b) Notwithstanding any other rule in this chapter, if the Executive Director or designee approves the designation as an emergency purchase, and if the purchase violates no other applicable statute or rule, no rule in this chapter shall prohibit the purchase.
3. (c) Despite the existence of a bona fide emergency, the Department will use its best efforts to conduct the procurement with as much competition as is practical under the circumstances and in as much compliance with the rules of this chapter as is practical.

Source Note:The provisions of this §732.113 adopted to be effective July 12, 2001, 26 TexReg 5074.