Section 526.2030  Emergency Procurements

a)         Applications

The provisions of this Part apply to every procurement over the small purchase limit set in Section 526.2020 (Small Purchases) 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)        immediate repairs are needed to University property to protect against further loss or damage to University property, or to prevent loss or damage to University property;

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

D)        action is needed to ensure the integrity of University records;

E)         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 University than instituting a competitive procurement under the provisions of this Part for the supplies or services;

F)         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;

G)        rare items, such as articles of historical value or art collections, are available for a limited time;

H)        the opportunity to obtain entertainment performances is available for a limited time;

I)          immediate action is necessary to avoid lapsing or loss of federal or donated funds;

J)         it is necessary to extend an existing contract for such limited 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 University; or

K)        the need for services to protect or further University 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 disadvantages to the University.

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, or 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

A University may make emergency procurements when an emergency condition arises and the need cannot be met through normal procurement methods, provided that, whenever practical, existing University or State contracts shall be utilized.  The determining 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 SPO 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 SPO.

2)         Record.  An affidavit of each emergency procurement shall be filed with the CPO 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 (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 next available Higher Education Bulletin.  In the rare instance where publication of the contract price would have a detrimental impact on future procurements of similar supplies or services (for example, in connection with the purchase of a complete manuscript or art collection or other rare or one-of-a-kind items), as determined in writing by the SPO, the contract price will not be published with the notice of award but such notice shall indicate that price information is available to the public, upon request, from the SPO who conducted the procurement.