An emergency condition is defined as "a situation that creates a threat to public health, welfare, safety, or property, such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reasons as may be proclaimed by the Commissioner of Administration."
Poor planning does not constitute an emergency condition. An emergency purchase may be made when the existence of an emergency condition creates an immediate and serious need for supplies, materials, equipment, or services that cannot be purchased by normal methods or through the mandated contractor and the lack of which would seriously threaten:
- the functioning of state government,
- the preservation or protection of property, or
- the health or safety of any person.
Procurement should be contacted when an emergency condition arises for approval from the Director of Procurement. If an emergency condition arises after office hours and circumstances will not permit any delays, then the department head or an authorized department representative should attempt to follow purchasing guidelines as much as possible by obtaining competitive pricing (written, telephone, etc.) and proceeding with the purchase, using discretion.
Written documentation explaining the nature of the emergency must then be signed by the department head or the authorized representative and attached to a requisition or the LaCarte entry for the materials or services purchased.
The requisition or LaCarte entry must be released to Procurement within two (2) working days, with attached documentation of the competition that was obtained or attempted or the justification why normal procurement methods could not be used to make the purchase.
All emergency purchases requiring competition are reported to the Legislative Auditors by Procurement.