3 AAC 100.480 - Emergency procurements

(a) An emergency procurement need not be made through competitive sealed bidding or competitive sealed proposals but shall be made with competition that is practicable under the circumstances, and must be limited to the supplies, services, professional services, or construction necessary to meet the emergency.

(b) A procurement may be made under emergency conditions if

(1) a threat to public health, welfare, or safety exists, including fire, flood, epidemic, riot, environmental accident, or a similarly compelling reason;

(2) an equipment failure occurs, and the need for timely repair is essential; or

(3) immediate action is needed to protect public or private property or other interests of the authority.

(c) Not later than 24 hours after discovering the emergency situation, the employee of the authority knowledgeable about the emergency and seeking a procurement shall provide notification of the emergency conditions to the chief procurement officer or the chief procurement officer's designee, and to the executive director or the executive director's designee. The employee shall provide

(1) the facts demonstrating the basis for the emergency;

(2) information about the scope of work necessary to meet the emergency need;

(3) the basis for contractor selection; and

(4) a description of any steps the employee or the authority may have taken to mitigate the immediate threat.

(d) The chief procurement officer shall make a written determination regarding the emergency and shall direct the procurement staff to make the procurements necessary by any reasonable means within authorized funding limits.

(e) The procurement file must include

(1) a copy of the determination made under (d) of this section;

(2) a copy of the contract that identifies the supplies, services, or construction procured under the contract; and

(3) any correspondence with the contractor.

Notes

3 AAC 100.480

Eff. 9/25/2013, Register 207, October 2013

Authority:AS 36.30.015

AS 44.88.080