SDCL § 31-5-10.3: Emergency procurement.

The department may contract for a highway improvement service by emergency procurement without advertising the procurement if there exists a threat to public health, welfare, or safety or for any other urgent and compelling reason. Failure to abide by the bid provisions of this chapter in a timely manner is not an emergency. An emergency procurement shall be made with such competition that is practicable under the circumstances. A written determination of the basis of the emergency and for the selection of the particular contractor shall be included in the contract file, and the Transportation Commission shall be notified thereof at the commission's next regular meeting.