3410 EMERGENCY PROCUREMENT

3410.1 The Vice President for Administrative Services (the 'Vice President') may approve procurement that does not otherwise comply with the requirements of this title if the procurement is essential to an University requirement to deal with an existing emergency condition, as defined in §3410.2, except that procurement on an emergency basis in excess of fifty thousand dollars ($50,000) shall be approved by the President, in accordance with the provisions of §3100.5 of chapter 31 of this title.

3410.2 For purposes of emergency procurement under this chapter, an 'emergency condition' is a situation (such as a flood, epidemic, riot, equipment failure, or other reason set forth in a proclamation issued by the Mayor or a written determination by the Vice President) which creates an immediate threat to the public health, welfare, or safety. The existence of an emergency condition creates an immediate need for supplies or services which cannot be met through normal procurement methods, and the lack of which would seriously threaten one (1) or more of the following:

(a) The health or safety of any person;

(b) The preservation or protection of property; or

(c) The continuation of necessary governmental functions.

3410.3 The justification for emergency procurement shall not be based solely on the internal operations of the University. In the absence of an emergency condition, an emergency procurement shall not be justified on the basis of any of the following circumstances:

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

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

(c) Pending expiration of budget authority.

3410.4 The emergency procurement of supplies or services shall be limited to quantities or a time period sufficient to meet the immediate threat and shall not be used to meet long-term requirements.

3410.5 The emergency procurement of services shall be limited to a period of not more than one hundred twenty (120) days.

3410.6 If a long-term requirement for the supplies, services, or other items is anticipated, the contracting officer shall initiate a separate non-emergency procurement action as soon as possible after the emergency procurement is made.

3410.7 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 supplies, services, or other items are needed to fill an on-going emergency requirement until regular procurement action procedures can be completed.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).