Current through Register Vol. 48, No. 38, September 20, 2024
a)
Authority to Make Emergency Procurements. The provisions of this Section apply
to every procurement over the small purchase limit set in Section
8.2020 made
under emergency conditions. The CPO 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 exist:
1) if there exists a threat to public health
or public safety;
2) when immediate
expenditure is needed for repairs to State property in order:
A) to protect against further loss or damage
to State property;
B) to prevent or
minimize serious disruption in critical State services that affect health,
safety, or collection of substantial State revenues; or
C) to ensure the integrity of State
records.
c)
Scope of Emergency Conditions. CDB shall provide the CPO a detailed written
description of the basis for the emergency and reasons for the selection of the
particular contractor to be included in the contract file in accordance with
Section 20-30(a) of the Code. Emergency procurement shall be limited to the
supplies, services, construction or other items necessary to meet the emergency
need (i.e., the temporary solution). Under certain situations, the temporary
solution may also be the permanent solution when doing so is shown to be in the
best interest of the State. In this event, the notice shall describe that
circumstance.
d) Source Selection
Methods
1) CDB will employ as much competition
as is practicable under the emergency circumstances to address the emergency
situation, as approved by the SPO.
2) When practicable, a minimum of three
vendors approved by the SPO shall be evaluated for award of an emergency
contract. Documentation of efforts made to obtain competition shall be made
part of the procurement file.
e) Determination and Record of Emergency
Procurement
1) Determination. The SPO shall
make a written determination confirming or denying the basis for the emergency
and the reasons for the selection of the particular vendor. These
determinations shall be kept in the procurement file.
2) Emergency Contract Award. For purposes of
an emergency contract, an emergency contract is awarded on the earlier of the
date an agency communicates to a vendor to start work, date of publication in
the Illinois Procurement Bulletin identifying the vendor of the required goods
or services, or the date the contract is signed by both parties.
3) Vendor Authorization. Unless impractical,
no work shall be performed by a vendor under the jurisdiction of the CPO
without the prior written authorization of the SPO.
4) Record. A written explanation and
affidavit of each emergency procurement (including extensions of emergency
contracts beyond 90 days) shall be submitted to the CPO by CDB within 5 days
after an emergency contract is awarded (see Section
8.2030(e)(2)
). The CPO will submit the explanation and affidavit to the Auditor General and
the PPB within 10 days after award and 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 conditions and
circumstances requiring use of the emergency method of source selection,
including the cost and advantages and disadvantages of reasonable alternatives
to the emergency procurement;
E)
the expected duration of the contract;
F) the expected or anticipated need for other
contracts that might be necessary to completely address the emergency
conditions;
G) an analysis of how a
competitive selection may or will be structured to address a permanent solution
to the condition prompting the emergency; and
H) such other information as may explain the
emergency procurement or as may be requested by the SPO.
5) Notice of the Emergency Procurement.
Notice of the emergency procurement shall be published in the Bulletin by the
SPO as specified in Sections 15-25(c) and 20-30 of the Code no later than 3
business days after the contract is awarded and shall include a description of
the procurement, identification of the contractor, the reasons for the
emergency procurement, the names of the responsible CPO and SPO, 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.
6) CDB shall be responsible
for preparing the filings required in Section 20-30 of the Code.
f) Duration and Replacement of
Emergency Contract. By statute, the term of an emergency purchase shall be
limited to the time reasonably needed for a competitive procurement, not to
exceed 90 days. Therefore, unless the purchase or the temporary nature of the
emergency conditions are likely to resolve the emergency or otherwise make
unnecessary the emergency measures, CDB shall immediately act to initiate
whatever competitive procurement is appropriate to provide the services on a
longer term basis or, in the case of a temporary solution, is necessary to
acquire the permanent solution.
g)
Extension of Emergency Contract. An emergency contract may be extended beyond
90 days if the CPO determines additional time is necessary and the contract
scope and duration are limited to the emergency.
1) If CDB believes an extension beyond 90
days is necessary, it shall direct an extension request to the SPO for
approval. The request shall be in writing and include justification for the
extension and a description of the efforts of CDB and, if appropriate, the
using agency to address the emergency condition on a permanent basis.
2) If the SPO approves, the SPO shall submit
the request to the CPO with a written approval and justification for that
approval. Unless the CPO disapproves the request, the CPO shall hold a public
hearing on the extension, notice of which shall be published in the Bulletin no
later than 14 days prior to the hearing. Notice shall include at least a
description of the need for the emergency extension, the contractor, and, if
applicable, the date, time and location of the public hearing.
3) The public and any representative of the
PPB may present testimony at the public hearing, which shall be conducted in
accordance with Subpart T. Only after the hearing and the CDB providing written
justification, may the CPO allow the emergency contract to be extended. The
notice of hearing and all hearing documents, including the written
justification, must be posted on the Bulletin as soon as possible but no later
than 3 days after the hearing.
