Emergency Purchasing Guidance for Departments
On March 4, 2020, the Governor issued a Proclamation of a State of Emergency related to the COVID-19 Coronavirus. As a result of the emergency proclamation, Government Code and Public Contract Code requirements for competitive bidding, advertising and Procurement Division (PD) purchasing authority dollar thresholds have been suspended related to the procurement of goods and services needed to assist in preparing for, containing, responding to, mitigating the effects of and recovering from the spread of COVID-19. The following guidance is provided to assist departments with emergency purchasing activities.
- Departments are encouraged to use leveraged procurement agreements (LPAs) issued by the Department of General Services (DGS) to acquire goods and services – including CMAS, Statewide, MSA and Cooperative agreements.Competition requirements set forth in specific LPA User Instructions, such as acquiring multiple quotes, do not apply to purchases made in support of the emergency proclamation.Contact the LPA DGS contract administrator for any questions.The LPA Contract Index Listing is located on the DGS website at:https://www.dgs.ca.gov/-/media/Divisions/PD/Acquisitions/Statewide-Contracts/ContractIndexListing-03122020.xlsx
- Departments are encouraged to use Small Business and Disabled Veteran Business Enterprises (SB/DVBE) to acquire goods and services.Procurement staff should remind program buyers and contract managers to ensure SB/DVBE invoices and payments are approved promptly.Contact your departmental SB/DVBE Advocate or DGS, Office of Small Business and DVBE Services at OSDSHelp@dgs.ca.gov for assistance on identifying available firms.The SB/DVBE database is located at: https://www.caleprocure.ca.gov/pages/sbdvbe-index.aspx.
- The CAL-Card may be used as a payment mechanism to acquire goods and services. Departmental CAL-Card program limits tied to purchasing authority approved by DGS are waived for emergency purchases related to the emergency proclamation. Individual buyer CAL-Card limits are set by departments and changes to those limits must be approved by departments. Refer questions related to a department CAL-Card program, to the CAL-Card Program Administrator. Refer questions related to the DGS statewide CAL-Card contract to: CALCardProgram@dgs.ca.gov.
- For emergency non-IT service contracts, an award may be made with the approval of the agency head or their designee without DGS/Office of Legal Services (OLS) approval. Thereafter, the contract should be sent to DGS/OLS for approval. For emergency non-IT service CMAS orders in excess of $50,000, the purchase document should be sent to DGS/PD for approval after award.
- Departments must document procurement files to show sufficient justification for an emergency purchase. Documentation of the procurement file should include the following information:
• A description of the emergency
• Explanation of why the situation warranted the emergency purchase and the consequences of making the purchase through normal procurement processes
• A description of the goods and price
• The names and quotes of suppliers contacted
For questions related to this guidance, contact the department’s assigned Purchasing Authority Specialist or PAMS@dgs.ca.gov