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
2000.2020 (Small
Purchases) of this Part and that is not a sole source procurement under Section
2000.2025
of this Part made under emergency, including quick purchase, conditions.
b) Definition of Emergency
Conditions
Procurements may be made under this Section
2000.2030
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 serious disadvantage to the State; or
H) 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 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 so that making
a purchase immediately is more advantageous to the State than instituting a
competitive procurement under the provisions of the 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)
Availability of rare items, such as books of historical value;
D) The procurement is for
entertainment.
c) Scope of Emergency Conditions
1) Emergency procurements shall be limited to
the items, quantity and term 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
it 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 in
Subpart C. Whenever practical, existing State contracts shall be utilized and,
whenever practical, approval by the SPO shall be obtained prior to the
procurement. The CPO or SPO 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
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.
f) 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. The determinations shall be kept in the contract file of the
Procurement Officer.
2) Record. An
affidavit of each emergency procurement shall be filed by the CPO with the SOS
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, 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.
g) Extensions of Emergency
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;
5)
notice of the intent to extend shall be provided to the SOS PPB and published
in the Bulletin in accordance with Subpart D of this Part.
