but i want it now
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But I Want It Now. A Guide to Emergency Procurement in the State of Texas. First Things First. Lack of Planning Does Not Constitute An Emergency. We’re texas. We know that we’re going to have certain kinds of emergencies and natural disasters. Best practice. Consider contingency contracts - PowerPoint PPT PresentationTRANSCRIPT
A Guide to Emergency Procurement in the State of Texas
Lack of Planning Does Not Constitute An Emergency
We know that we’re going to have certain kinds of emergencies and natural disasters
Consider contingency contracts
May be negotiated in advance
Because not considered an emergency contract—even if to be used in the event of an emergency—it’s possible to comply with all procurement statutes
Triggered by precipitating event
Where the procurement is necessary to prevent a hazard to life, health, safety, welfare or property; or
To avoid undue additional cost to the state
Texas Gov’t Code § 2155.083(i)
CPA delegated to all agencies authority to make emergency purchases
Decision to declare emergency rests with the agency
Agency still subject to CPA rules & procedures
CPA does not certify existence of emergency
At least 3 informal bids whenever possible
Award should be made based on best value, given the type of emergency
Negotiations encouraged
Agency will have to handle complaints arising from process
Purchases over $25,000.00 must be posted in the ESBD BUT
Minimum ESBD posting requirements do not apply
These posting requirements are in addition to TPASS procedures governing emergency procurements
Purchasing director must sign letter documenting emergency
Must address nature and cause of emergency
Must address estimated impact or damage that will occur following normal procurement practices
General statement of loss/damage insufficient
Goods/services >$25,000.00 are pre-payment audited by CPA
Retain original documentation
Include the following:Signed quote/estimate/bid or SOWBeginning and ending dateBid tabulation sheet Justification letterPurchase orderESDB posting
CPA strongly suggests use of all CPA T&Cs for emergency procurements regardless of amount
If informal bid process used, CPA T&Cs may be included by reference as part of purchase order
Be familiar with other specific statutes applicable to certain contracts, i.e., major consulting services, which may still apply.
Limit duration of contract
Governor may declare state of disaster if has occurred or threat is imminent
Gives the Governor the authority to issue executive orders/proclamations/regulations that have the force and effect of law
Gives authority to suspend provisions of regulatory statute if strict compliance would prevent/hinder/delay necessary action
Disaster: the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action or energy emergency
As provided in Section 418.016 of the code, all rules and regulations that may inhibit or prevent prompt response to this threat are suspended for the duration of the state of disaster.
Limited to nature and scope of declaration
FEMA requires competitive bidding except in very limited circumstances
Distinguishes between “emergency work” and “emergency contracting”
Non-competitive contracts allowed only if award cannot be delayed by amount of time required to obtain competitive bidding
This can’t wait