Current through Register Vol. 48, No. 38, September 20, 2024
a)
Applications
The provisions of this Part apply to every procurement over
the small purchase limit set in Section
1400.2020 made under emergency
conditions. The Chief Procurement Officer shall have the authority to make
emergency procurements when an emergency condition arises and the need cannot
be met through normal procurement methods. An emergency condition exists
when:
1) there exists a threat to
health, safety, or collection of substantial revenues;
2) immediate expenditure is needed for
repairs to State property in order to protect against further loss or damage to
State property;
3) action is needed
to prevent or minimize serious disruption in the operation of the Treasurer's
office;
4) action is needed to
ensure the integrity of State records;
5) a supplier of needed goods or services
makes an announcement that gives the Chief Procurement Officer reason to
determine that making a purchase immediately is in the State's best interest,
including, but not limited to, an announcement of bankruptcy, going out of
business, or loss of franchise;
6)
items are available on the spot at prices that are favorable enough that good
business judgment mandates a purchase;
7) legal services to assist the Treasurer's
office in the formulation of policy, in drafting or evaluating documents, or in
determining the extent of statutory authority are needed more quickly than an
alternative method of procurement under this Part would allow;
8) escrow agent services for general
obligation bonds and procurements for escrow agent services and registrar and
paying agent services for college savings bonds are needed more quickly than an
alternative method of procurement under this Part would allow; or
9) bids or proposals received in accordance
with a competitive sealed bid or competitive sealed proposal method are
unreasonable, 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;
10) rare
items, such as articles of historical value or art collections, that are
available for a limited time;
11)
the opportunity to obtain entertainment, speakers and athletic and other events
or performances is available for a limited time; or
12) immediate action is necessary to avoid
lapsing or loss of federal or donated funds.
b) Scope of Emergency Conditions
Emergency procurements must be limited to those supplies,
services, or construction items necessary to meet the emergency.
c) Authority to Make Emergency
Procurements
The Chief Procurement Officer may make emergency procurements
when the need cannot be met through normal procurement methods, but, whenever
practicable, existing contracts must be utilized.
d) 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. As much competition as is practicable shall be
obtained.
e) Filing with
the Auditor General
The Chief Procurement Officer shall file an emergency
statement with the Auditor General within 10 days after the contract is awarded
setting forth the amount expended, the name of the contractor involved, and the
conditions and circumstances requiring the emergency procurement. When only an
estimate of the cost is available, the estimate should be provided in the
emergency statement and the actual cost must be reported immediately after it
is determined.
f)
Determination, Record and Publication of Emergency Procurements
1) Determination. The Chief Procurement
Officer 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) Record. A record of each emergency
procurement must be made no later than 5 calendar days after the contract is
awarded and must 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 must 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 procurement method of source selection;
3) Emergency Contract Award
A) For purposes of an emergency, an emergency
contract is awarded on the earliest of the date that:
i) the Treasurer's office communicates to a
vendor to start work;
ii)
publication is made on the Treasurer's website 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.
4) The written
determination and the record of the emergency procurement must be made part of
the procurement file and must be published as provided in Section
1400.1505 no later than 5
calendar days after the contract is awarded.
5) Provided it contains all information and
is published as required by this subsection (f), the emergency statement may be
used to meet the requirements of this subsection.
g) Duration of Emergency Contract
1) The term of the emergency contract shall
be limited to the time reasonably needed for a competitive procurement, not to
exceed 90 days.
2) An emergency
contract may be extended beyond 90 days if the Chief Procurement Officer
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 on the Treasurer's website 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 the date, time and location of the
public hearing.
4) Hearing
Procedure
Provided members of the public are allowed to present
testimony and notice is provided as required in this subsection (g), the
hearing need not comply with all requirements of 74 Ill. Adm. Code
730.
