Emergency Procurements

Section 1300 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 and that is not a sole source procurement under Section 1300.2025, made under emergency (including quick purchase) 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; 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; I)         immediate action is necessary to avoid lapsing or loss of federal or donated funds; J)         the need for items to protect or further the State's 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 serious disadvantage to the State; or K)        immediate action is necessary to protect the collection of substantial State revenue. 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 the period of time needed to conduct a competitive method of source selection if 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 so that making a purchase immediately is more advantageous to the State than instituting a competitive procurement under the provisions of the Code and 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 1)         Emergency procurement shall be limited to those supplies, services, or construction items necessary to meet the emergency need. 2)         Emergency procurements shall be limited to the time reasonably needed for a competitive procurement, but in no event shall that time period exceed 90 days unless the CPO determines additional time is needed. 3)         In the event an emergency procurement exceeds 90 days, the contract scope and duration may be extended after notice and a public hearing as set out in Section 1300.5555.  The extension shall be limited in items, quantity and days. 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 Procurement Officer 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 Procurement Officer responsible for the procurement shall make a written determination stating the basis for an emergency procurement and for the selection of the particular contractor.  The determination shall be kept in the contract file with a copy sent promptly to the CPO and the OAG PPCMB. 2)         Record.  A record of each emergency procurement shall be filed by the CPO with the OAG PPCMB 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, 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. g)         Extension of Emergency In the event an emergency procurement exceeds 90 days, the emergency procurement may be extended after notice and a public hearing pursuant to Section 1300.5555.  Prior to the execution of the extension: 1)         the CPO must determine additional time is necessary; 2)         the contract scope and duration must be limited to the emergency; 3)         a public hearing must be held; 4)         the CPO must provide written justification for the emergency contract; 5)         notice of the intent to extend shall be provided to the OAG PPCMB and published in the Bulletin in accordance with Subpart D of this Part.