§ 34.37  EMERGENCY PROCUREMENT.
   (A)   Allowed.  A purchasing agency may make or authorize others to make an emergency procurement without advertising the procurement if rentals are not practicable and there exists a threat to public health, welfare, or safety or for other urgent and compelling reasons. Failure to abide by the bid provisions of SDCL Chapters 5-18A, 5-18B, 5-18C, and 5-18D in a timely manner is not an emergency. An emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(SDCL § 5-18A-9)
   (B)   Records of sole emergency procurement contracts. The purchasing agency shall maintain a record listing each contract made under sole source procurement and emergency procurement for a minimum of five years. The record shall contain:
      (1)   Each contractor's name;
      (2)   The amount and type of each contract; and
      (3)   A listing of the supplies, services, and public improvements procured under each contract.
(SDCL § 5-18A-10)