Conn. Agencies Regs. § 4a-52-20 - Emergency purchases

(a) For purposes of this section "emergency condition" means a situation which creates a threat to public health, welfare, safety, or a critical governmental service, such as may arise by reason of floods, epidemics, riots, equipment failures, or similar extraordinary conditions or contingencies that cannot reasonably be foreseen and guarded against. The existence of such a condition creates an immediate and serious need for supplies, materials, equipment or contractual services that cannot be met through normal procurement methods and the lack of which would seriously threaten:

(1) the functioning of State government;

(2) the preservation or protection of property; or,

(3) the health or safety of any person.

(b) Emergency procurements shall be limited to those supplies, materials, equipment or contractual services necessary to meet the emergency.

(c) Any purchasing agency may make emergency procurements up to $600 when an emergency condition arises and the need cannot be met through normal procurement methods, provided that whenever practical, approval by the head of the purchasing agency or the Commissioner shall be obtained prior to the procurement. Prior to all such emergency procurements of more than $600, the Commissioner shall approve the procurement.

(d) The procedure for source selection used shall be such as to assure that the required supplies, materials, equipment or contractual services are procured in time to meet the emergency. Given this constraint, such competition as is practicable shall be obtained.

(e) Competitive sealed bidding is unsuccessful when bids received pursuant to an invitation to bid are unreasonable, noncompetitive, or the low bid exceeds available funds as certified by the appropriate fiscal officer, and time or other circumstance will not permit the delay required to resolicit competitive sealed bids. If emergency conditions exist after an unsuccessful attempt to use competitive sealed bidding, an emergency procurement may be made.

(f) The Commissioner or the head of the purchasing agency shall make a written determination stating the basis for an emergency procurement and for the selection of the particular contractor. The record of each emergency procurement shall be made as soon as practicable and shall set forth:

(1) the contractor's name;

(2) the amount and type of contract;

(3) a listing of supplies, materials, equipment or contractual services procured under the contract; and,

(4) the identification number of the contract file.

Notes

Conn. Agencies Regs. § 4a-52-20

Effective September 1, 1992