D.C. Mun. Regs. r. 50-5033

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 50-5033 - EMERGENCY PROCUREMENTS

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) A description of the requirement;

(b) A description of the emergency;

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

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

(e) A specific citation to Section 405 of the PPRA (D.C. Code § 2354.05) and the applicable provisions of this chapter that provide legal authority for the emergency procurement; and

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

5033.3

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

5033.4

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.

5033.5

When the funding for the goods or services intended to be procured is certified by the appropriate fiscal official, the Contracting Officer shall have the authority to issue oral or written orders allowing the contractor to proceed with an emergency procurement; provided that oral orders must be reduced to writing within three (3) business days. After issuing the emergency order, the Contracting Officer shall execute the emergency contract and publish it, along with the written determination, on the OAG website within seven (7) business days.

5033.6

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.

5033.7

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 goods or services are needed to fill an on-going emergency requirement until regular procurement action procedures can be completed.

5033.8

Notice of all emergency procurements, including D&Fs, shall be publicized in accordance with the provisions of §5024.

D.C. Mun. Regs. r. 50-5033

Final Rulemaking published at 65 DCR 4406 (4/20/2018); amended by Final Rulemaking published at 68 DCR 11740 (11/5/2021)