Ill. Admin. Code tit. 44 § 1.2030

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1.2030 - Emergency Procurements

a) Authority to Make Emergency Procurements

The provisions of this Part apply to every procurement over the small purchase limit set in Section 1.2020 (Small Purchase Limits) made under emergency conditions. The SPO, or a State agency through written designation, shall have the authority to make emergency procurements when an emergency condition arises and the need cannot be met through normal procurement methods.

b) Emergency Conditions

1) A statutory emergency condition exists:

A) if there exists a threat to public health or public safety;

B) when immediate expenditure is needed for repairs to State property in order to protect against further loss or damage to State property;

C) to prevent or minimize serious disruption in critical State services that affect health, safety, or collection of substantial State revenues; or

D) to ensure the integrity of State records.

c) Quick Purchase

The emergency method of source selection is allowed in additional situations. These include, but are not limited to:

1) protect the health and safety of any person;

2) items are available on the spot market or at discounted prices for a limited time so that good business judgment mandates a "quick purchase" immediately to take advantage of the availability and price;

3) rare items, such as articles of historical value or art collections, that are available for a limited time;

4) the opportunity to obtain entertainment, speakers and athletic and other events or performances is available for a limited time;

5) immediate action is necessary to avoid lapsing or loss of federal or donated funds.

d) Scope of Emergency Conditions

Emergency procurement shall be limited to the supplies, services, construction or other items necessary to meet the emergency need. In certain situations the purchase to meet the immediate need (i.e., the temporary solution) may, by necessity, also be the permanent solution. In this event, the notice shall describe that circumstance.

e) Source Selection Methods

Any method of source selection, whether or not identified in this Part, may be used to conduct the procurement in emergency situations provided that, whenever practical, existing State contracts shall be utilized and competitive sources shall be considered if practical. The procedure used shall be selected to assure that the required items are procured in time to meet the emergency. Such competition as is practicable shall be obtained.

f) Determination and Record of Emergency Procurement

1) Determination. The SPO shall make a written determination stating the basis for an emergency procurement and for the selection of the particular vendor. Documentation of efforts to obtain competition shall be made part of the procurement file. These determinations shall be kept in the contract file.

2) Emergency Contract Award

A) For purposes of an emergency, an emergency contract is awarded on the earliest of the date:

i) a State agency communicates to a vendor to start work;

ii) publication on the Bulletin identifying the selected vendor; or

iii) the contract is signed by both parties.

B) Documentation of the contract award date shall be part of the procurement file.

3) Record. In a manner acceptable to the receiving parties, the CPO-GS shall designate the method of filing statements of each emergency procurement with the PPB and Auditor General. An affidavit of each emergency procurement (including extensions of emergency contracts beyond 90 days) shall be filed by the SPO with the CPO-GS, PPB and the Auditor General within 10 days after the contract is awarded and shall include the following information:

A) the vendor's name;

B) the amount and type of the contract (if only an estimate of the amount is available immediately, the record shall be supplemented with the final amount once known);

C) a description of what the vendor will do or provide;

D) the reasons for using the emergency method of source selection.

4) Notice of the Emergency Procurement

Notice of the emergency procurement shall be published in the Bulletin by the SPO as specified in Sections 15-25(c) and 20-30 of the Code no later than 5 days after the contract is awarded and shall include a description of the procurement, the reasons for the emergency procurement and the total cost. When only an estimate of the total cost is known at the time of publication, the estimate shall be identified as an estimate and published. When the total cost is determined, it shall also be published in like manner before the 10^th day of the next succeeding month.

5) The State agency shall be responsible for preparing the filings required in Section 20-30 of the Code.

g) Duration of Emergency Contract

1) The term of the temporary solution emergency contract shall be limited to the time reasonably needed for a competitive procurement for the permanent solution, not to exceed 90 days.

2) A temporary solution emergency contract may be extended beyond 90 days if the CPO-GS determines additional time is necessary and the contract scope and duration are limited to the emergency. Prior to execution of the extension, a public hearing shall be held at which any person may present testimony.

3) Notice of Extension

Notice of intent to extend an emergency contract shall be published in the Bulletin no later than 14 days prior to a public hearing. Notice shall include at least a description of the need for the emergency extension, the contractor, and, if applicable, the date, time and location of the public hearing.

4) The initial determination as to whether an emergency shall be extended for a term longer than 90 days shall be made by an SPO in the form of an extension request submitted to the CPO-GS. The request shall be in writing and shall include the justification for the extension. Prior to execution of the extension, a public hearing shall be held at which any person may present testimony and the CPO-GS shall make a final determination as required by Section 20-30(a), (b) and (c) of the Code. The term noticed in the Bulletin of the proposed extension may be shortened or lengthened to a term determined to be in the best interest of the State, as determined by the CPO-GS. The final determination shall be published in the Bulletin.

h) Contract Extension Hearing

The hearing shall be conducted in accordance with Subpart V.

Ill. Admin. Code tit. 44, § 1.2030

Amended at 36 Ill. Reg. 10729, effective August 6, 2012

Amended at 38 Ill. Reg. 20884, effective 10/31/2014

Amended at 46 Ill. Reg. 10208, effective 6/2/2022