TITLE 44: GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT
SUBTITLE B: SUPPLEMENTAL PROCUREMENT RULES
CHAPTER XXXIII: OFFICE OF THE LT. GOVERNOR
PART 1600 OFFICE OF THE LT. GOVERNOR'S PROCUREMENT RULES
SECTION 1600.2030 EMERGENCY PROCUREMENTS
Section 1600.2030 Emergency Procurements
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.