Section 42: Direct Procurement.

(1) A procuring entity may carry out any emergency procurement where :
(a) goods, works or services are only available from a particular supplier or contractor, or if a particular supplier or contractor has exclusive rights in respect of the goods, works or services, and no reasonable alternative or substitute exits; or
(b) there is an urgent need for the goods, works or services and engaging in tender proceedings or any other method of procurement is impractical due to unforeseeable circumstances giving rise to the urgency which is not the result of dilatory conduct on the part of the procuring entity;
(c) owing to a catastrophic event, there is an urgent need for the goods, works or services, making it impractical to use other methods of procurement because of the time involved in using those methods;
(d) a procuring entity which has procured goods, equipment, technology or services from a supplier or contractor, determines that:
(i) additional supplies need to be procured from that supplier or contractor because of standardization,
(ii) there is a need for compatibility with existing goods, equipment, technology or services, taking into account the effectiveness of the original procurement in meeting the needs of the procurement entity,
(iii) the limited size of the proposed procurement in relation to the original procurement provides justification,
(iv) the reasonableness of the price and the unsuitability of alternatives to the goods or services in question merits the decision.
(e) the procuring entity seeks to enter into a contract with the supplier or contractor for research, experiment, study or development, except where the contract includes the production of goods in quantities to establish commercial viability or recover research and development costs; or
(f) the procuring entity applies this Act for procurement that concerns national security, and determines that single-source procurement is the most appropriate method of procurement.
(2) The procuring entity:
(a) may procure the goods, works or services by inviting a proposal or price quotation from a single supplier or contractor.
(b) shall include in the record of procurement proceedings a statement of the grounds for its decision and the circumstances in justification of single source procurement.