4321 EMERGENCY PROCUREMENTS

4321.1 The CCO may approve a procurement on an emergency basis if the requirement is essential to the Library's mission to handle an existing emergency situation.4321.2 The CCO shall have the authority to award contracts on an emergency basis for requirements that are essential to the mission of the Library when an emergency condition exists.4321.3 Emergency Procurement procedures shall not be used for long-term contract requirements and the performance of which shall not exceed one hundred twenty (120) days.4321.4 The CCO shall not be required to publicize emergency solicitations or contract awards for emergency requirements.4321.5 The CCO shall take steps to maximize competition by soliciting bids or proposals from as many potential offerors as possible.4321.6 The CCO shall not award emergency contracts on a sole source basis unless the CCO prepares a sole source D&F to justify the sole source in accordance with Section 4320.4321.7 The CCO shall prepare a written D&F to justify emergency procurements. Each emergency D&F shall include the following:- (a) The description of the proposed procurement action;

- (b) A description of the emergency;

- (c) The estimated value or cost;

- (d) A description of the efforts made to ensure that bids or proposals are received from as many potential sources as possible.

- (e) A determination that the anticipated costs to the Library will be fair and reasonable; and

- (f) Any other relevant facts that support the emergency justification.4321.8 The CCO shall determine the appropriate format to solicit bids or proposals on an emergency basis.4321.9 The CCO shall ensure that each contract awarded under emergency procurement procedures contain clauses, provisions, representations and

certifications required by law and these regulations.

SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012).