Ill. Admin. Code tit. 44 § 1400.2030

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

Section 1400.2030 - Emergency Procurements

a) Applications

The provisions of this Part apply to every procurement over the small purchase limit set in Section 1400.2020 made under emergency conditions. The Chief Procurement Officer shall have the authority to make emergency procurements when an emergency condition arises and the need cannot be met through normal procurement methods. An emergency condition exists when:

1) there exists a threat to health, safety, or collection of substantial revenues;

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

3) action is needed to prevent or minimize serious disruption in the operation of the Treasurer's office;

4) action is needed to ensure the integrity of State records;

5) a supplier of needed goods or services makes an announcement that gives the Chief Procurement Officer reason to determine that making a purchase immediately is in the State's best interest, including, but not limited to, an announcement of bankruptcy, going out of business, or loss of franchise;

6) items are available on the spot at prices that are favorable enough that good business judgment mandates a purchase;

7) legal services to assist the Treasurer's office in the formulation of policy, in drafting or evaluating documents, or in determining the extent of statutory authority are needed more quickly than an alternative method of procurement under this Part would allow;

8) escrow agent services for general obligation bonds and procurements for escrow agent services and registrar and paying agent services for college savings bonds are needed more quickly than an alternative method of procurement under this Part would allow; or

9) bids or proposals received in accordance with a competitive sealed bid or competitive sealed proposal method are unreasonable, noncompetitive, or the price exceeds available funds, and time or other circumstances will not permit the delay required to resolicit competitive sealed bids or proposals;

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

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

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

b) Scope of Emergency Conditions

Emergency procurements must be limited to those supplies, services, or construction items necessary to meet the emergency.

c) Authority to Make Emergency Procurements

The Chief Procurement Officer may make emergency procurements when the need cannot be met through normal procurement methods, but, whenever practicable, existing contracts must be utilized.

d) 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. As much competition as is practicable shall be obtained.

e) Filing with the Auditor General

The Chief Procurement Officer shall file an emergency statement with the Auditor General within 10 days after the contract is awarded setting forth the amount expended, the name of the contractor involved, and the conditions and circumstances requiring the emergency procurement. When only an estimate of the cost is available, the estimate should be provided in the emergency statement and the actual cost must be reported immediately after it is determined.

f) Determination, Record and Publication of Emergency Procurements

1) Determination. The Chief Procurement Officer 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) Record. A record of each emergency procurement must be made no later than 5 calendar days after the contract is awarded and must 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 must 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 procurement method of source selection;

3) Emergency Contract Award

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

i) the Treasurer's office communicates to a vendor to start work;

ii) publication is made on the Treasurer's website 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.

4) The written determination and the record of the emergency procurement must be made part of the procurement file and must be published as provided in Section 1400.1505 no later than 5 calendar days after the contract is awarded.

5) Provided it contains all information and is published as required by this subsection (f), the emergency statement may be used to meet the requirements of this subsection.

g) Duration of Emergency Contract

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

2) An emergency contract may be extended beyond 90 days if the Chief Procurement Officer 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 on the Treasurer's website 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 the date, time and location of the public hearing.

4) Hearing Procedure

Provided members of the public are allowed to present testimony and notice is provided as required in this subsection (g), the hearing need not comply with all requirements of 74 Ill. Adm. Code 730.

Ill. Admin. Code tit. 44, § 1400.2030

Amended at 40 Ill. Reg. 13847, effective 9/23/2016

Amended at 48 Ill. Reg. 2924, effective 2/7/2024