Section 4-12-09-04 - Emergency procurements1. Procurements may be made under emergency conditions in a circumstance when there is insufficient time for usual competitive procurement methods and which involve public health, public safety, or when immediate expenditures are necessary pursuant to North Dakota Century Code section 54-44.4-02. If the circumstance does not meet the provisions of North Dakota Century Code section 54-44.4-02, a determination to limit or waive competition must be made.2. An emergency procurement need not be made through competitive sealed bidding or competitive sealed proposals but must be made with competition that is practicable under the circumstances.3. The purchasing agency shall limit the quantity of commodities or services being purchased to that necessary to meet the emergency circumstance.4. The purchasing agency shall prepare a written determination for the use of emergency procurement procedures, including an explanation as to why emergency conditions exist, a description of the required commodities or services, and evidence necessary for the independent examination and determination of the material facts of the procurement.5. The responsible agency official shall promptly forward the emergency determination to the state procurement office after the procurement.6. The procurement officer shall conduct negotiations, as appropriate, regarding price, delivery, and terms. Such negotiations must be conducted in accordance with chapter 4-12-12.7. The procurement officer responsible for the emergency procurement shall prepare and retain in the procurement file a record of the emergency procurement that includes the emergency determination, description of the commodities or services procured, and basis for the selection of the vendor.N.D. Admin Code 4-12-09-04
Effective August 1, 2004; amended effective October 1, 2012.General Authority: NDCC 54-44.4-02, 54-44.4-04
Law Implemented: NDCC 54-44.4-02, 54-44.4-04