Section R2-7-E302. Emergency Procurements

A.      For the purposes of Section, the term “emergency” means any condition creating an immediate and serious need for materi- als, services, or construction in which the state’s best interests are not met through the use of other source-selection methods. The condition must seriously threaten the functioning of state government, the preservation or protection of property, or the health or safety of a person.

B.       This Section applies to only emergency procurements, esti- mated to exceed the amount prescribed in A.R.S. § 41-2535. The agency chief procurement officer may procure a material or service without competition when there is an emergency by complying with this Section.

C.      The state procurement administrator may delegate this author- ity to the agency chief procurement officer in accordance with R2-7-202. If not delegated to the agency chief procurement officer, the agency chief procurement officer shall submit the

written request for, or notification of, the emergency procure- ment to the state procurement administrator. The request shall include the following information:

1.        A description of the procurement need and the reason for the emergency;

2.        The name of the supplier;

3.        The duration and estimated total dollar value of the pro- curement; and

4.        Documentation that the price submitted is fair and rea- sonable pursuant to R2-7-702.

D.      The agency chief procurement officer shall obtain approval from the state procurement administrator before proceeding with an emergency procurement. The state procurement administrator shall either:

1.        Issue written approval, with any conditions or restric- tions;

2.        Request additional information from the agency chief procurement officer; or

3.        Deny the request.

E.       An employee acting within the authority of a using agency may proceed with an emergency procurement without approval from the state procurement administrator if the emer- gency necessitates immediate response and it is impracticable to contact the state procurement administrator. The agency chief procurement officer shall submit a written confirmation of the emergency procurement to the state procurement admin- istrator within five working days of the emergency.

F.       A using agency making an emergency procurement shall limit the procurement to such actions necessary to address the emer- gency.

G.      A using agency making an emergency procurement shall employ maximum competition, given the circumstances, to protect the interests of the state.

H.      The agency chief procurement officer shall keep a record of all emergency procurements pursuant to A.R.S. § 41-2551.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).