Current through Register Vol. 23, December 6, 2024
Rule 2.5.605 - EXIGENCY PROCUREMENTS(1) An exigency procurement of $10,000 or more shall be limited to those supplies or services necessary to meet the exigency, as defined in ARM 2.5.201. An exigency does not exist when:(a) an agency failed to procure supplies or services before the time they were needed;(b) an agency failed to timely renew an expiring contract; or(c) other inaction by the agency created the exigency. [does not follow lead-in language](2) An agency shall decide whether public exigencies require an exigency procurement. The determination must be in writing and must state the basis for an exigency procurement and for the selection of a particular vendor.(3) The procedure used shall ensure the required supplies or services are procured in time to meet the exigency. However, such competition as is practicable shall be obtained.(4) A record of each exigency procurement shall be made as soon as practicable and shall include: (b) the amount and type of the contract; (c) a listing of the supplies or services procured under the contract; and(d) the written documentation required in (2).NEW, 1983 MAR p. 1918, Eff. 12/30/83; AMD, 1985 MAR p. 244, Eff. 3/15/85; AMD, 1990 MAR p. 1770, Eff. 9/14/90; AMD, 1994 MAR p. 2481, Eff. 10/28/94; AMD, 1997 MAR p. 193, Eff. 1/28/97; AMD, 2022 MAR p. 1789, Eff. 9/24/2022; AMD, 2024 MAR p. 1451, Eff. 6/22/2024AUTH: 18-4-221, MCA; IMP: 18-4-133, MCA