Current through Register Vol. 48, No. 38, September 20, 2024
a)
Authority to Make Emergency Procurements
The provisions of this Part apply to every procurement over
the small purchase limit set in Section
4.2020 (Small
Purchases) made under emergency conditions. A university shall have the
authority to make emergency procurements when an emergency condition arises and
the need cannot be met through normal procurement methods.
b) Statutory Emergency Conditions
A statutory emergency condition exists:
1) when there exists a threat to public
health or public safety;
2) when
immediate expenditure is needed for repairs to university property in order to
protect against further loss or damage to university property;
3) to prevent or minimize serious disruption
in critical university services that affect health, safety, or collection of
substantial State revenues; or
4)
to ensure the integrity of university records.
c) Quick Purchase. The quick purchase
emergency method of source selection is allowed in certain situations,
including, but not limited to:
1) protecting
the health and safety of any person;
2) items are available on the spot market or
at discounted prices for a limited time so that good business judgment mandates
a "quick purchase" immediately to take advantage of the availability and
price;
3) rare items, such as
articles of historical value or art collections, are available for a limited
time;
4) the opportunity to obtain
entertainment, speakers and athletic and other events or performances (not
exempt under Section 1-13 of the Code) is available for a limited
time;
5) immediate action is
necessary to avoid lapsing or loss of federal or donated funds.
d) Scope of Emergency Conditions
Emergency procurement shall be limited to those supplies,
services, construction or other items necessary to meet the emergency need. In
certain situations, the purchase to meet the immediate need (i.e., the
temporary solution) may, by necessity, also be the permanent solution. In this
event, the notice shall describe that circumstance.
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.
Whenever practical, existing State contracts shall be utilized. Such
competition as is practicable shall be obtained recognizing the need to obtain
the item in time to meet the emergency need. Documentation of all efforts made
to obtain competition, including efforts at diversity, shall be made part of
the procurement file.
f)
Determination and Record of Emergency Procurement
1) Determination. The university shall make a
written determination stating the basis for an emergency procurement, showing
that the situation meets criteria for an emergency established by the Code and
this Part and providing the reason for selecting the particular vendor. These
determinations shall be kept in the contract file.
2) Emergency Contract Award. For purposes of
an emergency contract, an emergency contract is awarded on the earliest of the
date a university communicates to a vendor when to start work, the date of
publication on the Illinois Procurement Bulletin identifying the selected
vendor of the required supplies or services, or the date the contract is signed
by both parties. Documentation of the contract award date shall be part of the
procurement file.
3) Statement. The
university shall prepare a statement for each emergency procurement (including
statutory, quick purchases and extensions of emergency contracts beyond 90
days) and shall file it with the CPO-HE, PPB and Auditor General within 10 days
after the contract is awarded. The statement shall be submitted electronically
through the Bulletin, but if the Bulletin is not available, the statement shall
be submitted through alternate means. The statement 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.
4) Publication. Notice of the emergency
procurement shall be published in the Bulletin as specified in Sections
15-25(c) and 20-30 of the Code no later than 5 days after the contract is
awarded and shall include a description of the procurement, the reasons for the
emergency procurement, the emergency statement, and the total cost. When only
an estimate of the total cost is known at the time of publication, the estimate
shall be identified as an estimate and published. When the total cost is
determined, it shall also be published in like manner before the
10th day of the next succeeding month.
g) Duration of Emergency Contract
1) The term of the temporary solution
emergency contract shall be limited to the time reasonably needed for a
competitive procurement for the permanent solution, not to exceed 90
days.
2) A temporary solution
emergency contract may be extended beyond 90 days if the CPO-HE 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 in the Bulletin at least 14
days prior to a public hearing. Notice shall include at least a description of
the need for the emergency extension, the vendor, and the date, time and
location of the public hearing.
4)
The initial determination as to whether an emergency shall be extended for a
term longer than 90 days shall be requested by the university, in the form of
an extension request submitted to the SPO using the form prescribed by the
CPO-HE. The request shall include the justification for the extension. Prior to
execution of the extension, a public hearing shall be held at which any person
may present testimony. The CPO-HE may conduct the hearing or may authorize a
hearing officer to hold the hearing and make a recommendation. The CPO-HE shall
make a final determination as required by Section 20-30(a) of the Code. The
final determination shall be published in the Bulletin. The term of the
proposed contract extension may be shortened or lengthened as determined by the
CPO-HE.
h) Contract
Extension Hearing
The hearing shall be conducted in accordance with Subpart
U.
