Section 1400.2030  Emergency Procurements

a)         Applications

The provisions of this Section apply to every procurement over the small purchase limit set in Section 1400.2020 that the Chief Procurement Officer determines is necessary under the following circumstances:

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

2)         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;

3)         action is needed to prevent or minimize serious disruption in the operation of the Treasurer's office;

4)         action is needed to ensure the integrity of State records;

5)         a supplier of needed goods or services makes an announcement that gives the Chief Procurement Officer reason to determine that making a purchase immediately is in the State's best interest, including but not limited to an announcement of bankruptcy, going out of business, or loss of franchise;

6)         commodity items are available on the spot at prices that are favorable enough that good business judgment mandates a purchase;

7)         legal services to assist the Treasurer's office in the formulation of policy, in drafting or evaluating documents, or in determining the extent of statutory authority are needed more quickly than an alternative method of procurement under this Part would allow;

8)         escrow agent services for general obligation bonds and procurements for escrow agent services and registrar and paying agent services for college savings bonds are needed more quickly than an alternative method of procurement under this Part would allow; or

9)         bids or proposals received in accordance with a competitive sealed bid or competitive sealed proposal method are unreasonable, 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.

b)         Scope of Emergency Conditions

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

c)         Authority to Make Emergency Procurements

The Chief Procurement Officer or Purchasing Officer may make emergency procurements when the need cannot be met through normal procurement methods, but, whenever practicable, existing contracts must be utilized and, whenever practicable, approval by the Chief Procurement Officer must be obtained prior to the procurement.

d)         Source Selection Methods

Any method of source selection, whether identified in this Part or not, may be used to conduct the emergency procurement.  The procedure used must be selected to assure that the required supplies, services, or construction items are procured in time to meet the emergency.  As much competition as is practicable must be obtained.

e)         Filing with the Auditor General

The Chief Procurement Officer or Purchasing Officer shall file an affidavit with the Auditor General within 10 days after making an emergency procurement setting forth the amount expended, the name of the contractor involved, and the conditions and circumstances requiring the emergency procurement.  When only an estimate of the cost is available, the estimate should be provided in the affidavit and the actual cost must be reported immediately after it is determined.

f)          Determination, Record and Publication of Emergency Procurements

1)         Determination.  The Chief Procurement Officer or Purchasing Officer shall make a written determination stating the basis for an emergency procurement and for the selection of the particular vendor.

2)         Record.  A record of each emergency procurement must be made as soon as practicable and must 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 must 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 procurement method of source selection;

E)         the name of the Chief Procurement Officer or Purchasing Officer.

3)         The written determination and the record of the emergency procurement must be made part of the procurement file and must be published as provided in Section 1400.1505 of this Part.