Current through Register Vol. 48, No. 38, September 20, 2024
a)
Applications
The provisions of this Section apply to every procurement
over the small purchase limit set in Section
1120.2020, that
is not a sole source procurement under Section
1120.2025,
made under emergency conditions.
b) Definition of Emergency Conditions
Procurements may be made under this Section in the following
circumstances:
1) Traditional
circumstances include but are not limited to:
A) public health or safety, including the
health or safety of any particular person, is threatened;
B) repairs to IOC property are needed to
protect against further loss or damage to IOC property, or to prevent loss or
damage to IOC property;
C) action
is needed to prevent or minimize serious disruption in State
services;
D) action is needed to
ensure the integrity of State records;
E) a supplier of goods or services announces
bankruptcy, going out of business, or loss of franchise, or gives other similar
reason such that making a purchase immediately is in the State's best
interest;
F) items are available on
the spot market or at discounted prices available for a limited time such that
good business judgment mandates a purchase immediately to take advantage of the
availability and price;
G) legal
services to assist an agency in the formulation of policy, in drafting or
evaluating documents, or in determining the extent of statutory authority that
are needed sooner than the competitive process would allow;
H) the need for items to protect or further
State interests is immediate and use of other competitive source selection
procedures under the Code and this Part cannot be accomplished without
significant risk of causing serious disadvantage to the State;
I) extending a contract is needed to conduct
a competitive method of source selection;
J) immediate action is necessary to avoid
lapsing or loss of federal or donated funds; or
K) immediate action is necessary to protect
the collection of State revenue.
2) After Unsuccessful Competitive Sealed
Bidding or Proposals or Request for Proposals. When bids or proposals received
pursuant to a competitive sealed bid or competitive sealed proposal method are
unreasonable or noncompetitive, or the price exceeds available funds, and time
or other circumstances will not permit the delay required to resolicit
competitive sealed bids or proposals, and if emergency conditions exist after
an unsuccessful attempt to use competitive sealed bidding, an emergency
procurement may be made.
3)
Extension to Allow Competition. Extending an existing contract for such period
of time as is needed to conduct a competitive method of source selection where
terminating or allowing the contract to terminate would not be advantageous to
the State.
4) Quick Purchase
A) A supplier announces bankruptcy, cessation
of business, or loss of franchise, or gives other similar reason such that
making a purchase immediately is more advantageous to the State than
instituting a competitive procurement under the provisions of this Code for the
supplies or services;
B) Items are
available on the spot market or at discounted prices for a limited time so that
good business judgment mandates a purchase immediately to take advantage of the
availability and price.
c) Scope of Emergency Conditions
1) Emergency procurement shall be limited to
the supplies or services, quantity and term reasonably necessary to meet the
emergency.
2) Emergency
procurements shall be limited to the time reasonably needed for a competitive
procurement, but in no event shall that time exceed 90 days unless the CPO
determines additional time is needed.
3) In the event an emergency procurement
exceeds 90 days, the contract scope and duration may be extended. The extension
shall be limited in items, quantity and days.
d) Authority to Make Emergency Procurements
Authority to make emergency procurements is established by
subsection (c), provided that, whenever practical, existing IOC contracts shall
be utilized and, whenever practical, approval by the CPO shall be obtained
prior to the procurement. The CPO shall be responsible for making the filings
required in Section 20-30 of the Code.
e) Source Selection Methods
Any method of source selection, whether or not identified in
the Code or this Part, may be used to conduct the procurement in emergency
situations. Such competition as is practicable shall be obtained.
f) Determination and Record of
Emergency Procurement
1) Determination. The
CPO shall make a written determination stating the basis for an emergency
procurement and for the selection of the particular contractor. The
determinations shall be kept in the contract file.
2) Record. An affidavit of each emergency
procurement shall be filed by the CPO with the IOC PPB and the Auditor General
within 10 days after the procurement 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.
3) Notice of the emergency procurement shall
be published in the Bulletin in accordance with Subpart D of this
Part.
g) Extensions of
Emergencies
In the event an emergency procurement exceeds 90 days, the
emergency procurement may be extended. Prior to the execution of the
extension:
1) the CPO must determine
additional time is necessary;
2)
the contract scope and duration must be limited to the emergency;
3) a public hearing must be held;
4) the CPO must provide written justification
for the emergency contract; and
5)
notice of the intent to extend shall be provided to the IOC PPB and published
in the Bulletin in accordance with Subpart D.
