Section 1300.2030  Emergency Procurements

a)         Applications

The provisions of this Section apply to every procurement over the small purchase limit set in Section 1300.2020 of this Part made under emergency conditions.

b)         Definition of Emergency Conditions

1)         A procurement may be made under this Section in situations in which:

A)        public health or safety, including the health or safety of any particular person, is threatened;

B)        repairs are needed to OAG property to protect against further loss or damage to OAG property, or to prevent loss or damage to OAG property;

C)        action is needed to prevent or minimize serious disruption in OAG services;

D)        action is needed to ensure the integrity of State or OAG records;

E)         a supplier of needed goods or services announces bankruptcy, going out of business, or loss of franchise, or gives other similar reason such that making a purchase immediately is in the State's best interest;

F)         commodity items are available on the spot market at prices such that good business judgment mandates a purchase if the spot price must be taken immediately;

G)        legal services to assist in the formulation of policy, in drafting or evaluating documents, or in determining the extent of statutory authority are needed sooner than the competitive process would allow; or

H)        equipment or services are necessary in the furtherance of covert activities lawfully conducted by the OAG.  Any required disclosures shall be made so as not to jeopardize those covert activities.

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.

c)         Scope of Emergency Conditions

Emergency procurement shall be limited to those supplies, services, or construction items necessary to meet the emergency.

d)         Authority to Make Emergency Procurements

Emergency procurements may be made when an emergency condition arises and the need cannot be met through normal procurement methods, provided that, whenever practical, existing OAG contracts shall be utilized and, whenever practical, approval by the CPO 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 the Code or this Part, may be used to conduct the procurement in emergency situations.  The procedure used shall be selected to assure that the required supplies, services, or construction 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 CPO or SPO responsible for procurement shall make a written determination stating the basis for an emergency procurement and for the selection of the particular contractor.  Such determinations shall be kept in the contract file with a copy sent promptly to the CPO.

2)         Record.  A record of each emergency procurement shall be made as soon as practicable 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, such as a listing of the supplies and services to be procured; and

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.