Utah Admin. Code R354-5-104 - Emergency Procurement
(1) As used in this
section, "natural disaster" means an event where:
(a) one or more of the following has caused
widespread damage:
(i) an explosion;
(ii) fire;
(iii) a flood;
(iv) a storm;
(v) a tornado;
(vi) winds;
(vii) an earthquake;
(viii) lightning; or
(ix) other adverse weather event;
and
(b) the president of
the United States has declared an emergency or major disaster in the state, or
the governor has declared a state of emergency under Title 53, Chapter 2a, Part
2, Disaster Response and Recovery Act.
(2) Notwithstanding any other provision of
this R354-5 and subject to Subsection (4), a Procurement Official may authorize
the CRAU to engage in an emergency Procurement without using a Standard
Procurement Process if the Procurement is necessary to:
(a) avoid a lapse in a critical government
service;
(b) mitigate a
circumstance that is likely to have a negative impact on public health, safety,
welfare, or property, including a natural disaster; or
(c) protect the legal interests of a public
entity.
(3) The CRAU
conducting an emergency Procurement under Subsection (2) shall:
(a) ensure that the Procurement is made with
as much competition as reasonably practicable while:
(i) avoiding a lapse in a critical government
service;
(ii) avoiding harm, or a
risk of harm, to the public health, safety, welfare, or property; or
(iii) protecting the legal interests of a
public entity; and
(b)
make the following publicly available on the CRAU's website within 14 days of
the emergency Procurement:
(i) a written
document describing the specific emergency that necessitated the emergency
Procurement;
(ii) the name of the
highest ranking government official that approved the emergency Procurement;
and
(iii) each written Contract
related to the emergency Procurement.
(4)
(a)
Except as provided in Subsections (4)(b), (5), and (6), the term of a Contract
entered into for an emergency Procurement under this section may be no longer
than 30 days.
(b) The term of a
Contract entered into for an emergency Procurement under this section related
to a natural disaster may be no longer than 60 days.
(5)
(a)
Subject to Subsection (5)(b), the requirements described in Subsection (4) do
not apply to an emergency Procurement for legal services.
(b) A person hired through an emergency
Procurement to provide legal services may not, under the Contract entered
through the emergency Procurement, hire or otherwise provide remuneration to a
consultant for services related to any topic that is not directly related to
the legal services for which the person was hired.
(6) The requirements described in Subsection
(4) do not apply to an emergency Procurement by the Department of Human
Services related to the:
(a) placement of a
client with a residential service provider; or
(b) provision of medical services for a
client.
Notes
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