Notwithstanding any other provision of this article, the Chief Procurement Officer or the head of a purchasing agency, with prior public notice, may initiate a procurement above the small purchase amount specified in Section 41-4-134 when the officer or agency head determines that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Any special procurement under this section shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the procurement and for the selection of the particular contractor shall be included by the Chief Procurement Officer or the head of the purchasing agency in the contract file. The Chief Procurement Officer shall publish an annual report, subject to Section 41-4-115, that describes all determinations made under this section during the prior calendar year.
Ala. Code § 41-4-137 (1975)