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
1600.2020 (Small
Purchases) of this Part that is not a sole source procurement under Section
1600.2025
of this Part made under emergency, including quick purchase, conditions.
b) Definition of Emergency
Conditions
Procurements may be made under this Section
1600.2030
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) immediate repairs are needed to State
property to protect against further loss or damage to State property, or to
prevent loss or damage to State property;
C) immediate action is needed to prevent or
minimize serious disruption in State services;
D) action is needed to ensure the integrity
of State records;
E) equipment or
services are necessary in the furtherance of covert activities lawfully
conducted by a State agency. Any required disclosures shall be made so as not
to jeopardize those covert activities;
F) immediate action is necessary to avoid
lapsing or loss of federal or donated funds;
G) 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 disadvantage to the State.
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 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
Emergency procurements shall be limited to the items,
quantity and term necessary to meet the emergency need.
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. 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.
e) Determination
and Record of Emergency Procurement
1)
Determination. The Procurement Officer shall make a written determination
stating the basis for an emergency procurement and for the selection of the
particular vendor. Such determinations shall be kept in the contract file of
the Procurement Officer.
2) Record.
An affidavit of each emergency procurement shall be filed with 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,
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;
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.
