What is an Emergency Procurement?
An emergency is defined as circumstances that could not have been reasonably foreseen that create a substantial risk of loss, damage, interruption of services, or threat to public health or safety. An Emergency Procurement is used to promptly execute a contract in response to the circumstances in an effort to remedy the condition.
In the event a state emergency is declared by the Governor's Office or Governor's designee, the State Chief Procurement Officer (State CPO) has designed a class of Special Procurement in response to public needs in a disaster. Refer to Emergency Preparedness Procurement
for more information on a procurement in a declared emergency.
When to use Emergency Procurements
In an emergency situation, an agency is given latitude to meet the purchasing needs generated by the emergency. If the agency head authorizes use of the Emergency Procurement method, the agency may award a contract without using normal competitive procurement processes.
Although an agency is not required to use a competitive procurement method, the agency must seek as much competition as possible considering the emergency circumstances. If the Emergency Procurement is for construction services that are not public improvements, the agency must solicit competition from suppliers in the most efficient manner allowed considering the emergency circumstances.
An Emergency Procurement may only be used to address the immediate needs brought about by the emergency condition, and may not be used for subsequent non-emergency-related procurement needs. Lack of planning or the potential loss of funds at the end of a fiscal year does not constitute an emergency condition.
How to process Emergency Procurements
According to ORS 279B.080, an agency must document the nature of the emergency and describe the method used for selecting the particular contractor. The following information must be included in the procurement file:
- Description of the products and services.
- Cost or anticipated cost.
- Explanation of how the contract duration was restricted to emergency circumstances.
- Description of the emergency circumstances and the anticipated harm from failing to establish the contract on an expedited basis.
- Documentation of the measures the agency took to encourage competition.
- Amounts of the bids, quotes or proposals obtained, if any.
- Reason for selecting the contractor.
The agency head must authorize the procurement and document the Emergency Procurement justification prior to executing the procurement.
Resource: Use the DAS Procurement Services Emergency Procurement Report Form to document procurement justification in the procurement file.
Note: If time does not permit advance authorization, agency head approval should be obtained verbally or in writing through an email. No later than 10 business days after executing the contract, the agency must document, approve and sign, and place the justification in the procurement file.
If the value of the contract exceeds $150,000, within 30 days the agency must send a copy of the signed documentation to the Attorney General for review.