2 AAC 12.440 - Determination of emergency conditions

(a) For the purposes of AS 36.30.310, emergency conditions include

(1) fire, flood, epidemic, riot, environmental accident, or a similarly compelling reason;

(2) equipment failure, if the need for timely repair is essential;

(3) a situation in which procurement through competitive sealed bidding or competitive sealed proposals is impracticable or contrary to the public interest; or

(4) a need to protect public or private property.

(b) Unless a determination of emergency is made as provided in (c) of this section before a procurement may be made under this section, a written determination of emergency is required from the chief procurement officer, or from the commissioner of transportation and public facilities for a construction contract or a procurement for the state equipment fleet. An agency requesting a determination of emergency shall provide a written explanation as to why emergency conditions exist. The agency shall include with its explanation the evidence necessary for the independent examination and determination of the material facts of the procurement, subject to AS 36.30.315.

(c) A determination of emergency under this section

(1) may be made by a responsible agency official if

(A) immediate action is necessary to protect public health, welfare, or safety, or to protect public or private property; and

(B) insufficient time exists for

(i) the agency to provide the explanation and evidence required under (b) of this section; and

(ii) the chief procurement officer or the commissioner of transportation and public facilities to make the written determination of emergency required under AS 36.30.310 and (b) of this section; and

(2) is subject to AS 36.30.315.

Notes

2 AAC 12.440

Eff. 1/1/88, Register 104; am 3/30/90, Register 113; am 6/29/95, Register 134; am 11/28/97, Register 144

Authority:AS 36.30.005

AS 36.30.040

AS 36.30.310