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(1) An exigency procurement of $5,000 or greater shall be limited to those supplies or services necessary to meet the exigency, as defined in ARM 2.5.201.

(2) The determination as to whether a procurement shall be made as an exigency procurement shall be made by the agency. The determination must be in writing and must state the basis for an exigency procurement and for the selection of a particular vendor.

(3) The procedure used shall be selected to assure that the required supplies or services are procured in time to meet the exigency. However, such competition as is practicable shall be obtained.

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

(a) the vendor's name;

(b) the amount and type of the contract;

(c) a listing of the supplies or services procured under the contract; and

(d) the written documentation required in (2) .

History: 18-4-221, MCA; IMP, 18-4-133, MCA; 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.

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