(a) Emergency Procurements. Notwithstanding any other provision of this Chapter, the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer, provided the designee of any such officer is subject to § 5114(b) of this Chapter, may make or authorize others to make emergency procurements of supplies, services, or emergency construction works in the manner specified in this Section when there exists a threat to public health, welfare, or safety, or the health and safety of the environment, in the event of an emergency as defined in § 5030(x) of this Chapter and defined in regulations promulgated by the Policy Office.

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Emergency construction works means the emergency operation, or demolition of existing structures and real property improvements, as well as building or assembly of temporary structures, necessary to address, within the time limits of emergency procurement specified in Subsection (e) of this Section, the imminent threat and nature of a particular event of emergency as described by a Determination of Need for an Emergency Procurement required in Subsection (c) of this Section.

(b) Necessity of a Declaration of Emergency, or Certificate of Emergency. No emergency procurement shall be made except after, and consistent with, a Declaration of Emergency made by the Governor, or a Certificate of Emergency made by the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer.

(1) A Declaration of Emergency shall be made by Executive Order duly issued by the Governor, and expressly authorizing emergency procurement of supplies, services, or emergency construction works as authorized by this Section, and pursuant to a Determination of Need for Emergency Procurement, which shall be appended thereto.

(2) A Certificate of Emergency shall be made, under penalty of perjury, by the Chief Procurement Officer, or Director of Public Works, or by the head of a purchasing agency, or a designee of either officer having requisite authority to procure supplies, services, or emergency construction works. The Certificate of Emergency shall have appended thereto a complete and true and correct copy of the Determination of Need for Emergency Procurement, and contain the following:

(A) a statement expressly incorporating by reference the entire unaltered contents of the appended Determination of Need for Emergency Procurement; and

(B) an affirmation that the contents of the Determination of Need for Emergency Procurement are true, correct, and complete to the best, informed

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knowledge, and good faith belief of the person making the Certificate of Emergency.

(3) Certified copies of the Certificate of Emergency by the Chief Procurement Officer, the Director of Public Works, the head of the purchasing agency, or a designee of either officer shall be submitted, prior to award, to the Governor and the Speaker of the Legislature. Any contract awarded under a Certificate of Emergency pursuant to Subsection (b)(2) of this Section shall be null and void unless and until the Governor approves such Certificate of Emergency in writing.

(c) Determination of Need for Emergency Procurement. No emergency procurement shall be solicited or awarded without a Determination of Need for Emergency Procurement, which shall:

(1) state the date of its execution, and be signed under penalty of perjury by the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer, conducting the emergency procurement of supplies, services, or emergency construction works;

(2) describe with factual particularity, the nature and apparent cause of the condition posing an imminent threat to public health, welfare, or safety, or the health and safety of the environment, which could not have been foreseen through the use of reasonable and prudent management procedures, and which cannot be addressed by other procurement methods of source selection;

(3) state that the threat is imminent, and that the emergency procurement authorized by this Section is necessary, without delay, to protect the public health, welfare, or safety, or the health and safety of the environment;

(4) affirm solemnly that the emergency procurement of supplies, services, or emergency construction works, in the face of the emergency described, is not being used and will not be used, directly or indirectly, to avoid other methods of source selection or the purposes and policies of this Chapter;

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(5) be copied and appended to its respective Declaration of Emergency or Certificate of Emergency, as described in Subsection (b) of this Section, and further attached to and made a part of any contract, or Notice of Award made or given; and

(6) be a material part of the procurement record required in this Chapter.

(d) How Conducted. To the extent practicable and except as otherwise allowed under this Section, an emergency procurement shall be made and conducted with competition and utilize competitive procedures used in this Chapter as is practicable under the circumstances, in the good faith discretion of the person authorized to make such emergency procurement. A record shall be kept of all determinations and statements required by this § 5215, as well as all other matters required to be made a part of the procurement record by this Chapter. At the conclusion of a
solicitation whether by award or cancellation, the Chief
Procurement Officer, the Director of Public Works, the head of a purchasing agency, or the authorized designee of either officer;
provided, the designee of any such officer is subject to § 5114(b)
of this Chapter, shall make, date, and sign a written statement describing: the circumstances of the event of the emergency procurement; the solicitation process used; the names of potential bidders or offerors contacted; and the justification for the selection of the awardee. The solicitation and competition for an award of an emergency procurement contract should include:

(1) sending a Notice of Request for Interest to contractors on a qualified bidders list, and others known to the government, who have provided responsive supplies, services, or emergency construction works to the government, within the preceding twelve (12) months, of the type needed to meet the particular emergency;

(2) a request for prompt expression of interest;

(3) at least three (3) Positive Written Quotations, which shall be solicited, recorded, and placed in the procurement file, for the acquisition of supplies, services, or emergency construction works needed, unrestricted by the

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qualified bidders list; provided, that all quotations are not required to be positive if accompanied by written certification that to the maximum extent practicable, such positive quotations could not be obtained from known or potential vendors; and

(4) an award of a contract or purchase order as expeditiously as the circumstances and prudent competition may allow for, to the responsible contractor shown to provide the lowest price and most expeditious delivery time, in accordance with § 5010 of this Chapter.

(e) Limitations on Numbers, Time, and Amount of Emergency Procurement. There shall be no limit on the number of emergency procurements of supplies, services, and emergency construction works, but no emergency procurement shall be made for an amount or construction greater than the amount of such supplies, services, or emergency construction works that are necessary to address the emergency for a ninety (90) day period immediately following the date of the Determination of Need for Emergency Procurement, as described in Subsection (c) of this Section. During said ninety (90) day period, the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer shall promptly and expeditiously take all necessary steps to determine if there will be ongoing needs arising from the event of emergency beyond the ninety (90) day period, and plan for the solicitation of supplies, services, and emergency construction works for such ongoing needs under a method of procurement other than the emergency procurement authorized in this Chapter. The emergency procurement may be extended beyond ninety (90) days if the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer determines additional time is necessary and the contract scope and duration are limited to the emergency. Thirty (30) days prior to execution of the extension, a public hearing shall be held by the procuring agency, at which any person may present testimony. Notice of intent to extend an emergency contract shall be published in a newspaper of

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general circulation at least five (5) days prior to a public hearing. Notice shall include at least a description of the need for the emergency extension, the vendor, and the date, time, and location of the public hearing. A record of such plan shall be made and kept as a part of the procurement record as required by § 5249 of this Chapter.

SOURCE: GC § 6959.5. MPC § 3-206. Amended by P.L. 18-044:23 (Nov. 14, 1986); and P.L. 35-109:1 (Oct. 30, 2020) effective 90 days after enactment.

2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “”Numbers”” to “”Lowercase Letters”” in this section.

§ 5216. Competitive Selection Procedures for Services
Specified in § 5121 of this Chapter.

(a) Conditions for Use. The services specified in § 5121(a) of this Chapter shall be procured in accordance with this Section, except as authorized under §§ 5214 or 5215 of this Chapter. Services for architecture, engineering, construction, land surveying, environmental assessment and other such services shall be procured in accordance with Article 5 of this Chapter.

(b) Statement of Qualifications. Persons engaged in providing the types of services specified in § 5121(a) of this Chapter may submit statements of qualifications and expressions of interest in providing such types of services. The Procurement Officer may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.

(c) Public Announcement and Form of Request for Proposals. Adequate notice of the need for such services shall be given by the purchasing agency through a Request for Proposals. The Request for Proposals shall describe the services required, list the type of information and data required of each offeror, and state the relative importance of particular qualifications.

(d) Discussions. The head of the purchasing agency or a designee of such officer may conduct discussions with any offeror who has submitted a proposal to determine such offeror’s qualifications for further consideration. Discussions shall not

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disclose any information derived from proposals submitted by other offerors.

(e) Award. Award shall be made to the offeror determined in writing by the head of the purchasing agency or a designee of such officer to be best qualified based on the evaluation factors set forth in the Request for Proposals, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, the negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, in the order of their respective qualification ranking, and the contract may be awarded to the offeror then ranked as best qualified if the amount of compensation is determined to be fair and reasonable.

SOURCE: GC § 6959.6. MPC § 3-207. Subsection (a) amended by P.L.
18-044:32 (Nov. 14, 1986).