Utah Admin. Code 33-108-401

Current through Bulletin 2024-23, December 1, 2024

Section R33-108-401 - Emergency Procurement

(1) Emergency procurements shall be conducted in accordance with the requirements set forth in Section 63G-6a-803, and this rule.

(2) An emergency procurement is a procurement procedure where the procurement unit may obtain a procurement item without using a standard competitive procurement process.

(3) An emergency procurement may only be used to avoid a lapse in critical government services, when circumstances create harm or risk of harm to public health, welfare, safety, or property, or to protect the legal interests of a public entity.

(a) Circumstances that may create harm or risk to health, welfare, safety, or property include:

(i) damage to a facility or infrastructure resulting from flood, fire, earthquake, storm, or explosion;

(ii) failure or imminent failure of a public building, equipment, road, bridge or utility;

(iii) terrorist activity;

(iv) epidemics;

(v) civil unrest;

(vi) events that impair the ability of a public entity to function or perform required services;

(vii) situations that may cause harm or injury to life or property; or

(viii) other conditions as determined in writing by the procurement official, or as applicable, the head of a procurement unit with independent procurement authority.

(4) Emergency procurements are limited to those procurement items necessary to mitigate the emergency.

(5) While a standard procurement process is not required under an emergency procurement, when practicable, procurement units should seek to obtain as much competition as possible through use of phone quotes, internet quotes, limited invitations to bid, or other selection methods while avoiding harm, or risk of harm, to the public health, safety, welfare, property, or impairing the ability of a public entity to function or perform required services.

(6) The procurement unit shall make a written determination documenting the basis for the emergency and the selection of the procurement item. A record of the determination and selection shall be kept in the contract file. The documentation may be made after the emergency condition has been alleviated.

Utah Admin. Code R33-108-401

Adopted by Utah State Bulletin Number 2024-15, effective 7/9/2024, exp. 11/6/2024 (Emergency)

Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024