5033.1 The Contracting Officer may award a contract on an emergency basis when there is an imminent threat to the public health, welfare, property, or safety, or to prevent or minimize serious disruption in District services.

5033.2 The Contracting Officer shall prepare a D&F that sets forth the justification for the emergency procurement. The D&F shall include:

(a) Identification of the agency and specific identification of the document as an emergency D&F;

(b) A statement that emergency procurement procedures will be used for the procurement;

(c) A description of the requirement;

(d) A description of the emergency;

(e) A description of steps taken to solicit bids or proposals from as many potential competitors as possible under the emergency condition;

(f) A determination that the anticipated costs to the District will be fair and reasonable in light of the emergency;

(g) A specific citation to Section 405 of the PPRA (D.C. Official Code § 2-354.05) and the applicable provisions of this chapter that provide legal authority for the emergency procurement; and

(h) Any other pertinent facts that support the emergency justification.

5033.3 An emergency contract shall not be justified on the basis of:

(a) The lack of adequate advance planning for the procurement of the required goods or services;

(b) Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or

(c) Pending expiration of budget authority.

5033.4 Emergency procurements shall be limited to those goods or services necessary to meet the emergency.

5033.5 Emergency procurements shall be made with as much competition as is practicable under the circumstances, based on the judgment and determination of the Contracting Officer.

5033.6 The Contracting Officer shall have the authority to issue oral orders or notices to proceed to contractors to provide goods or services to the District, provided the directive is reduced to writing within three (3) business days after issuance and the funding for the goods or services provided is certified by the appropriate fiscal official.

5033.7 Emergency procurement procedures shall not be used for contracts exceeding ninety (90) days; provided that if the development time for the goods or services exceeds ninety (90) days, the contract shall not exceed one hundred twenty (120) days.

5033.8 A contract procured on an emergency basis shall not be modified to expand the scope or extend the time of the procurement unless a limited number of additional goods or services are needed to fill an on-going emergency requirement until regular procurement action procedures can be completed.

5033.9 Notice of all emergency procurements, including D&Fs, shall be publicized in accordance with the provisions of § 5022.

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018).