Section R354-5-104 - Emergency Procurement(1) As used in this section, "natural disaster" means an event where: (a) one or more of the following has caused widespread damage:(ix) other adverse weather event; and(b) the president of the United States has declared an emergency or major disaster in the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.(2) Notwithstanding any other provision of this R354-5 and subject to Subsection (4), a Procurement Official may authorize the CRAU to engage in an emergency Procurement without using a Standard Procurement Process if the Procurement is necessary to: (a) avoid a lapse in a critical government service;(b) mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property, including a natural disaster; or(c) protect the legal interests of a public entity.(3) The CRAU conducting an emergency Procurement under Subsection (2) shall: (a) ensure that the Procurement is made with as much competition as reasonably practicable while: (i) avoiding a lapse in a critical government service;(ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or(iii) protecting the legal interests of a public entity; and(b) make the following publicly available on the CRAU's website within 14 days of the emergency Procurement: (i) a written document describing the specific emergency that necessitated the emergency Procurement;(ii) the name of the highest ranking government official that approved the emergency Procurement; and(iii) each written Contract related to the emergency Procurement.(4)(a) Except as provided in Subsections (4)(b), (5), and (6), the term of a Contract entered into for an emergency Procurement under this section may be no longer than 30 days.(b) The term of a Contract entered into for an emergency Procurement under this section related to a natural disaster may be no longer than 60 days.(5)(a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do not apply to an emergency Procurement for legal services.(b) A person hired through an emergency Procurement to provide legal services may not, under the Contract entered through the emergency Procurement, hire or otherwise provide remuneration to a consultant for services related to any topic that is not directly related to the legal services for which the person was hired.(6) The requirements described in Subsection (4) do not apply to an emergency Procurement by the Department of Human Services related to the:(a) placement of a client with a residential service provider; or(b) provision of medical services for a client.Utah Admin. Code R354-5-104
Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021