74 O.S. § 85.41A. Emergency Acquisitions

  1. Emergency acquisitions shall be made in compliance with Section 85.39 of Title 74 of the Oklahoma Statutes regarding internal purchasing procedures, Section 85.5a of Title 74 of the Oklahoma Statutes regarding the purchasing card program and applicable rules but are not subject to other provisions of the Oklahoma Central Purchasing Act.  The following are emergency acquisitions:
    1. An acquisition declared as an emergency by a state agency;
    2. An acquisition to alleviate a serious environmental emergency if, upon receiving a request from the Chair of the Corporation Commission and after having examined the facts and circumstances of the case, the Governor certifies in writing the existence of a serious environmental emergency.  For the purposes of this subsection, “serious environmental emergency” means a situation within the jurisdiction of the Commission:
      1. in which serious damage to the environment will quickly occur if immediate action is not taken and the damage will be so significant that the urgent need for action outweighs the need for competitive bids, or
      2. a situation in which human life or safety is in imminent danger or significant property interests are threatened with imminent destruction;
    3. An acquisition of livestock through a market agency, dealer, commission house or livestock auction market bonded or licensed under federal or state law for the acquisition or collection of semen or embryos, and for the placement of embryos into recipient livestock;
    4. An acquisition by a state agency pursuant to a contract with the United States Army Corps of Engineers for emergency response or to protect the public health, safety or welfare;
    5. An acquisition declared by the Office of Management and Enterprise Services (OMES) Risk Management Administrator pursuant to Section 85.58A of Title 74 of the Oklahoma Statutes; or
    6. A condition certified by the Governor as an emergency.
  2. Notwithstanding a state agency’s exemption from requisition and competitive bidding requirements, a state agency making an emergency acquisition shall timely provide the Purchasing Division within OMES all information required by the State Purchasing Director.