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
1300.2020 of this
Part and that is not a sole source procurement under Section
1300.2025,
made under emergency (including quick purchase) conditions.
b) Definition of Emergency Conditions
1) A procurement may be made under this
Section in situations in which:
A) public
health or safety, including the health or safety of any particular person, is
threatened;
B) repairs are needed
to OAG property to protect against further loss or damage to OAG property, or
to prevent loss or damage to OAG property;
C) action is needed to prevent or minimize
serious disruption in OAG services;
D) action is needed to ensure the integrity
of State or OAG records;
E) a
supplier of needed 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) commodity items are available on the spot
market at prices such that good business judgment mandates a purchase if the
spot price must be taken immediately;
G) legal services to assist in the
formulation of policy, in drafting or evaluating documents, or in determining
the extent of statutory authority are needed sooner than the competitive
process would allow;
H) equipment
or services are necessary in the furtherance of covert activities lawfully
conducted by the OAG. Any required disclosures shall be made so as not to
jeopardize those covert activities;
I) immediate action is necessary to avoid
lapsing or loss of federal or donated funds;
J) the need for items to protect or further
the State's 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;
or
K) immediate action is necessary
to protect the collection of substantial 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 the period
of time needed to conduct a competitive method of source selection if
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 so that making
a purchase immediately is more advantageous to the State than instituting a
competitive procurement under the provisions of the Code and this Part 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)
Availability of rare items such as books of historical value.
c) Scope of Emergency
Conditions
1) Emergency procurement shall be
limited to those supplies, services, or construction items necessary to meet
the emergency need.
2) Emergency
procurements shall be limited to the time reasonably needed for a competitive
procurement, but in no event shall that time period 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 after notice
and a public hearing as set out in Section
1300.5555.
The extension shall be limited in items, quantity and days.
d) Authority to Make Emergency
Procurements
Emergency procurements may be made when an emergency
condition arises and the need cannot be met through normal procurement methods,
provided that, whenever practical, existing OAG contracts shall be utilized
and, whenever practical, approval by the CPO shall be obtained prior to the
procurement. The Procurement Officer 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. The procedure used shall be selected to assure that the required
supplies, services, or construction 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
Procurement Officer responsible for the procurement shall make a written
determination stating the basis for an emergency procurement and for the
selection of the particular contractor. The determination shall be kept in the
contract file with a copy sent promptly to the CPO and the OAG PPCMB.
2) Record. A record of each emergency
procurement shall be filed by the CPO with the OAG PPCMB 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,
provided that, 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, such as a listing of the supplies and services to be procured;
and
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) Extension of
Emergency
In the event an emergency procurement exceeds 90 days, the
emergency procurement may be extended after notice and a public hearing
pursuant to Section 1300.5555. 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;
5)
notice of the intent to extend shall be provided to the OAG PPCMB and published
in the Bulletin in accordance with Subpart D of this Part.
