A procurement procedure where the procurement unit is authorized to obtain a procurement item without using a standard competitive procurement process. An emergency procurement may only be used when circumstances create harm or risk of harm to public health, welfare, safety, or property.
Emergency procurements are limited to only those supplies, services, or construction items necessary to meet the emergency.
Once employees have contacted the contracted vendors and determined that they are unable to provide the services or items necessary to meet the emergency, employees may then contact a non-contracted vendor to repair or mitigate the emergency.
In the 2021 Legislative session, HB 0043 “Emergency Procurement Declaration Modifications” was passed and subsequently signed by the governor. The modification to the Utah Procurement Code’s emergency procurement declaration mentions:
Employees must first make contact with the contracted vendors and determine they are unable to provide the services/items necessary to meet the emergency.
Employees then may contact a non-contracted vendor to repair or mitigate the emergency.
UDOT employees will conduct emergency purchases in accordance with Utah Code 63G-6a-803 and Administrative Rule R907-33-7(6) and must obtain required written authorization from the executive director, region director, or senior leader before making an emergency purchase.
Employees must also submit a completed form PRO-01U before the close of the next business day through the approved electronic signature process alerting the director of procurement services that an emergency procurement has been conducted.
Employees must also submit the completed form along with the invoice to the accounting office or administrative group. Utah Code 63G-6a-803(3)(b) requires that UDOT make information regarding all emergency purchases publicly available on UDOT’s website within 14 days of the emergency procurement. Emergency Procurement | UDOT—Utah.gov
Note: An emergency procurement may be no longer than 30 days. The term of contract entered into for an emergency procurement related to a natural disaster may be no longer than 60 days. All emergency purchases are subject to internal review.