1. (a) The board will, in its discretion, make a procurement under emergency conditions

   1. (1) when a threat to public health, safety, or welfare exists;
   2. (2) when a situation that makes a procurement through competitive sealed bidding impractical or contrary to the public interest exists; or
   3. (3) to protect private or public property.

2. (b) Reasons for finding that emergency conditions exist include

   1. (1) economic considerations that preclude routine solicitation;
   2. (2) delays inherent in the normal procurement process;
   3. (3) extreme weather conditions; and
   4. (4) equipment failure when the need for timely repair is essential.
3. (c) The board will make a written determination that emergency conditions exist. The written determination must state in detail the factual basis for the determination that emergency conditions exist and for the selection of the particular contractor. The board will maintain the determination in the procurement file.

4. (d) The appropriate board officer will also make and promptly forward to the deputy commissioner of the Department of Revenue a record of an emergency procurement. The record must plainly set out

   1. (1) the contractor's name;
   2. (2) the amount spent and the type of contract;
   3. (3) a list of the supplies, equipment, services, construction, office or other space leases, personal property, or professional services procured under the contract;
   4. (4) a brief summary of the emergency determination; and
   5. (5) the assigned identification number of the procurement file.
5. (e) For a procurement under this section, the board will procure supplies and services by any method the board considers reasonable under the circumstances.

(Eff. 7/17/94, Register 134)

Authority: AS 37.10.240