5-18D-21. Exemption of certain professional service contracts.

The provisions of §§ 5-18D-17 to 5-18D-20, inclusive, do not apply to contracts issued for:

(1)    Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;

(2)    Emergency services necessary to meet an urgent or unexpected requirement or if health and public safety or the conservation of public resources is at risk;

(3)    Services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;

(4)    Services for professional legal services;

(5)    Services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;

(6)    Services involving state or federal financial assistance passed through by a state agency to a political subdivision;

(7)    Medical services and home and community-based services;

(8)    Services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public; or

(9)    Services to be provided by entertainers for the state fair and other events.

Source: SL 2010, ch 31, § 115.