Two Types of Emergencies:
• Usual Emergencies (brought about during the normal course of business).
• Catastrophic Emergencies (where the Governor declares a State of Emergency).
These types of emergencies are to be handled in accordance with the statutes and rules and regulations. State agencies follow R.S. 39:1598 and L.A.C. 34:1101-1111.
Conditions for use – The Chief Procurement Officer, or his designee above the level of procurement officer, may make, or authorize others to make, emergency procurements when there exists an imminent threat to the public health, welfare, safety, or public property under emergency conditions as defined in accordance with regulations.
Written quotations – Every effort shall be made to obtain quotations from three or more vendors when supplies, services, or major repairs are to be purchased on an emergency basis, except for standard equipment parts for which prices are established. Immediate purchasing shall be discouraged as much as is practicable. When supplies, services, or major repairs are urgently required, and time does not permit the obtaining of written quotations, the procurement officer may obtain quotations by telephone or otherwise, but such quotations shall be made on the relative purchase requisitions. So far as practicable, quotations shall be secured from institutions of the state as provided by law. Any offer accepted shall be confirmed in writing.
Determination required – The Chief Procurement Officer shall make a written determination of the basis of the emergency that includes the facts and circumstances leading to the conclusion that such procurement was necessary, as well as a written determination detailing the steps taken prior to selecting a particular contractor and the basis for the final selection. The written determination shall be included in the contract file either prior to contracting, or as soon thereafter as practicable.
Scope of Emergency Procurement – Emergency procurement shall be limited to only those supplies, services, or major repair items necessary to meet the emergency (i.e., don’t purchase a year’s supply of goods when the emergency only requires 2 months’ of goods).
Record – A record of emergency procurement shall be maintained that lists:
• Each contractor’s name and phone number;
• The amount and type of each contract;
• A listing of the supplies, services, or major repairs procured under each contract; and
• The identification number of each contract file.
The record of emergency purchases for the previous fiscal year shall be submitted to the legislature at the beginning of the legislative session.
State Agency procurements that exceed an agency’s delegated authority should receive prior approval from the Office of State Purchasing.
These kinds of emergencies may be handled differently only when the Governor declares a State of Emergency and issues an Executive Order outlining procedures to be followed. The following information should help you make decisions to satisfy your immediate needs. Keep in mind that although strict compliance with the Procurement Code may be waived by the governor, civil servants should be prudent spenders of the taxpayer’s money.
Purchases made for such emergencies should be well documented; to include receipts, invoices, purchase orders, rental agreements, etc., which will serve as a basis for settlement of claims and will support the State’s request for supplemental federal assistance.
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