Emergency Purchases - 800

Policy

Public Contract Code, Section 1102 defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services." 

IT Goods and Services:

An emergency as defined by Public Contract Code, Section 12102(b): “the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety.”

Non-IT Goods:

An emergency as defined by Public Contract Code, Section 10302(a)"...where immediate purchase of goods without bid is necessary for the protection of the public health, welfare, or safety..."

Departments are not required to conduct competitive solicitations when the determination has been made that acquisitions are needed on an emergency basis, where immediate acquisition is necessary for the protection of the public health, welfare, or safety.

Emergency contracts are exempt from the NCB justification process.  Contracts issued because of an emergency may be entered into immediately.  However, such contracts are subject to otherwise applicable statutory approval requirements and the reporting requirements.

An emergency is further defined and divided into the following classifications:

• An emergency purchase in response to a natural disaster, i.e. fire, flood, earthquake.
• An emergency purchase not in response to a natural disaster, i.e., purchase of goods needed to manage drought conditions.

Procedure

Required Documentation

Regardless of the classification of the emergency, documentation must be kept in the procurement file. The following information must be provided to DGS/PD, as applicable:

• A description of the emergency.
• Explanation of how the situation falls within the parameters of an emergency justifying the emergency purchase.
• Explanation of the consequences of making the purchase through normal procurement processes.
• A description of the purchase and price.
• The names and quotations of suppliers contacted.
• Approval of the Department Director or designee.

Legal Reference

Public Contract Code, Section 12102(a)

Public Contract Code Section 10302(a)

Public Contract Code Section 1102

Related Policy, Procedures & Resources

Not Applicable.

Attachments

Not Applicable.