13-1-127. Emergency procurement; required conditions; limitations;
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notice.
A. The state purchasing agent or a central purchasing office may only make an emergency procurement when the service, construction or item of tangible personal property procured:
(1)is needed immediately to:
(a)control a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; or
(b)plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; and
(2)cannot be acquired through normal procurement methods.
B. The state purchasing agent or a central purchasing office:
(1)in making an emergency procurement, shall:
(a)employ a competitive process to the extent practicable under the circumstances; and
(b)use due diligence in determining the basis for the procurement and in selecting a contractor; and
(2)shall not make an emergency procurement for the purchase or lease of heavy road equipment.
C. The state purchasing agent or a central purchasing office that makes an emergency procurement shall outline its determination of the basis for the procurement and its selection of the contractor in writing and include the writing in the procurement file. Promptly thereafter:
(1)the state purchasing agent shall post notice of the procurement on its website; or
(2)the central purchasing office shall post notice of the procurement on its website, if it maintains one, and shall transmit the notice to the state purchasing agent for posting on the state purchasing agent's website.
D. The state purchasing agent or a central purchasing office that makes an emergency procurement to plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event shall account for the money spent in making the procurement and report on that accounting to the legislative finance committee and the department of finance and administration within sixty days after the end of the fiscal year in which the procurement was made.
History: Laws 1984, ch. 65, § 100; 1987, ch. 348, § 10; 2002, ch. 84, § 1; 2013, ch. 40, § 3; repealed and reenacted by Laws 2019, ch. 153, § 5.