Utah Admin. Code R33-8-401 - Emergency Procurement
(1) Emergency
procurements shall be conducted in accordance with the requirements set forth
in Section
63G-6a-803,
and this rule.
(2) An emergency
procurement is a procurement procedure where the procurement unit may obtain a
procurement item without using a standard competitive procurement
process.
(3) An emergency
procurement may only be used when circumstances create harm or risk of harm to
public health, welfare, safety, or property.
(a) Circumstances that may create harm or
risk to health, welfare, safety, or property include:
(i) damage to a facility or infrastructure
resulting from flood, fire, earthquake, storm, or explosion;
(ii) failure or imminent failure of a public
building, equipment, road, bridge or utility;
(iii) terrorist activity;
(iv) epidemics;
(v) civil unrest;
(vi) events that impair the ability of a
public entity to function or perform required services;
(vii) situations that may cause harm or
injury to life or property; or
(viii) other conditions as determined in
writing by the procurement official, or as applicable, the head of a
procurement unit with independent procurement authority.
(4) Emergency procurements are
limited to those procurement items necessary to mitigate the
emergency.
(5) While a standard
procurement process is not required under an emergency procurement, when
practicable, procurement units should seek to obtain as much competition as
possible through use of phone quotes, internet quotes, limited invitations to
bid, or other selection methods while avoiding harm, or risk of harm, to the
public health, safety, welfare, property, or impairing the ability of a public
entity to function or perform required services.
(6) The procurement unit shall make a written
determination documenting the basis for the emergency and the selection of the
procurement item. A record of the determination and selection shall be kept in
the contract file. The documentation may be made after the emergency condition
has been alleviated.
Notes
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