Current through Register Vol. 48, No. 38, September 20, 2024
a)
Authority to Make Emergency Procurements
The provisions of this Part apply to every procurement over
the small purchase limit set in Section
1.2020
(Small Purchase Limits) made under emergency conditions. The SPO, or a State
agency through written designation, shall have the authority to make emergency
procurements when an emergency condition arises and the need cannot be met
through normal procurement methods.
b) Emergency Conditions
1) A statutory emergency condition exists:
A) if there exists a threat to public health
or public safety;
B) when immediate
expenditure is needed for repairs to State property in order to protect against
further loss or damage to State property;
C) to prevent or minimize serious disruption
in critical State services that affect health, safety, or collection of
substantial State revenues; or
D)
to ensure the integrity of State records.
c) Quick Purchase
The emergency method of source selection is allowed in
additional situations. These include, but are not limited to:
1) protect the health and safety of any
person;
2) items are available on
the spot market or at discounted prices for a limited time so that good
business judgment mandates a "quick purchase" immediately to take advantage of
the availability and price;
3) rare
items, such as articles of historical value or art collections, that are
available for a limited time;
4)
the opportunity to obtain entertainment, speakers and athletic and other events
or performances is available for a limited time;
5) immediate action is necessary to avoid
lapsing or loss of federal or donated funds.
d) Scope of Emergency Conditions
Emergency procurement shall be limited to the supplies,
services, construction or other items necessary to meet the emergency need. In
certain situations the purchase to meet the immediate need (i.e., the temporary
solution) may, by necessity, also be the permanent solution. In this event, the
notice shall describe that circumstance.
e) Source Selection Methods
Any method of source selection, whether or not identified in
this Part, may be used to conduct the procurement in emergency situations
provided that, whenever practical, existing State contracts shall be utilized
and competitive sources shall be considered if practical. The procedure used
shall be selected to assure that the required items are procured in time to
meet the emergency. Such competition as is practicable shall be
obtained.
f) Determination
and Record of Emergency Procurement
1)
Determination. The SPO shall make a written determination stating the basis for
an emergency procurement and for the selection of the particular vendor.
Documentation of efforts to obtain competition shall be made part of the
procurement file. These determinations shall be kept in the contract
file.
2) Emergency Contract Award
A) For purposes of an emergency, an emergency
contract is awarded on the earliest of the date:
i) a State agency communicates to a vendor to
start work;
ii) publication on the
Bulletin identifying the selected vendor; or
iii) the contract is signed by both
parties.
B)
Documentation of the contract award date shall be part of the procurement
file.
3) Record. In a
manner acceptable to the receiving parties, the CPO-GS shall designate the
method of filing statements of each emergency procurement with the PPB and
Auditor General. An affidavit of each emergency procurement (including
extensions of emergency contracts beyond 90 days) shall be filed by the SPO
with the CPO-GS, PPB and the Auditor General within 10 days after the contract
is awarded and shall include the following information:
A) the vendor's name;
B) the amount and type of the contract (if
only an estimate of the amount is available immediately, the record shall be
supplemented with the final amount once known);
C) a description of what the vendor will do
or provide;
D) the reasons for
using the emergency method of source selection.
4) Notice of the Emergency Procurement
Notice of the emergency procurement shall be published in the
Bulletin by the SPO as specified in Sections 15-25(c) and 20-30 of the Code no
later than 5 days after the contract is awarded and shall include a description
of the procurement, the reasons for the emergency procurement and the total
cost. When only an estimate of the total cost is known at the time of
publication, the estimate shall be identified as an estimate and published.
When the total cost is determined, it shall also be published in like manner
before the 10th day of the next succeeding
month.
5) The State agency
shall be responsible for preparing the filings required in Section 20-30 of the
Code.
g) Duration of
Emergency Contract
1) The term of the
temporary solution emergency contract shall be limited to the time reasonably
needed for a competitive procurement for the permanent solution, not to exceed
90 days.
2) A temporary solution
emergency contract may be extended beyond 90 days if the CPO-GS determines
additional time is necessary and the contract scope and duration are limited to
the emergency. Prior to execution of the extension, a public hearing shall be
held at which any person may present testimony.
3) Notice of Extension
Notice of intent to extend an emergency contract shall be
published in the Bulletin no later than 14 days prior to a public hearing.
Notice shall include at least a description of the need for the emergency
extension, the contractor, and, if applicable, the date, time and location of
the public hearing.
4) The
initial determination as to whether an emergency shall be extended for a term
longer than 90 days shall be made by an SPO in the form of an extension request
submitted to the CPO-GS. The request shall be in writing and shall include the
justification for the extension. Prior to execution of the extension, a public
hearing shall be held at which any person may present testimony and the CPO-GS
shall make a final determination as required by Section 20-30(a), (b) and (c)
of the Code. The term noticed in the Bulletin of the proposed extension may be
shortened or lengthened to a term determined to be in the best interest of the
State, as determined by the CPO-GS. The final determination shall be published
in the Bulletin.
h)
Contract Extension Hearing
The hearing shall be conducted in accordance with Subpart
V.
