Ariz. Admin. Code § 2-7-E302

Current through Register Vol. 31, No. 2, January 10, 2025

Section R2-7-E302 - Emergency Procurements

A. For the purposes of Section, the term "Semergency" means any condition creating an immediate and serious need for materials, services, or construction in which the state's best interests are not met through the use of other source-selection methods. The condition must seriously threaten the functioning of state government, the preservation or protection of property, or the health or safety of a person.

B. This Section applies to only emergency procurements, estimated to exceed the amount prescribed in A.R.S. § 41-2535. The agency chief procurement officer may procure a material or service without competition when there is an emergency by complying with this Section.

C. The state procurement administrator may delegate this authority to the agency chief procurement officer in accordance with R2-7-202. If not delegated to the agency chief procurement officer, the agency chief procurement officer shall submit the written request for, or notification of, the emergency procurement to the state procurement administrator. The request shall include the following information:

1. A description of the procurement need and the reason for the emergency;

2. The name of the supplier;

3. The duration and estimated total dollar value of the procurement; and

4. Documentation that the price submitted is fair and reasonable pursuant to R2-7-702.

D. The agency chief procurement officer shall obtain approval from the state procurement administrator before proceeding with an emergency procurement. The state procurement administrator shall either:

1. Issue written approval, with any conditions or restrictions;

2. Request additional information from the agency chief procurement officer; or

3. Deny the request.

E. An employee acting within the authority of a using agency may proceed with an emergency procurement without approval from the state procurement administrator if the emergency necessitates immediate response and it is impracticable to contact the state procurement administrator. The agency chief procurement officer shall submit a written confirmation of the emergency procurement to the state procurement administrator within five working days of the emergency.

F. A using agency making an emergency procurement shall limit the procurement to such actions necessary to address the emergency.

G. A using agency making an emergency procurement shall employ maximum competition, given the circumstances, to protect the interests of the state.

H. The agency chief procurement officer shall keep a record of all emergency procurements pursuant to A.R.S. § 41-2551.

Ariz. Admin. Code § R2-7-E302

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).