Section 19-307. EMERGENCY PROCUREMENT

 

307.1 If the CCO makes a written determination that procurement is necessary to meet an emergency condition or to meet an essential requirement of the Authority in emergency circumstances, the CCO may procure goods, services, or construction without regard to the procedures set forth in sections 304, 305, and 306.

 

307.2For the purposes of this section, “emergency condition” is defined as a situation which creates an immediate threat to the public health, safety, or welfare, including a situation which threatens the health or safety of any person or the preservation and protection of property.

 

307.3Any written determination by the CCO supporting an emergency procurement shall include:

(a) A description of the emergency condition or the essential requirements of the Authority that must be met:

 

(1) In the case of a procurement for an emergency condition relating to the public health, safety, or welfare, the determination must state the nature of the threat and the nature of the harm that the public might suffer if the requirement were not met by emergency procurement; and

 

(2) In the case of a procurement for an emergency condition relating to the preservation and protection of property, the determination must describe the property and state the threat or harm that the emergency procurement will address;

 

(b) A description of the proposed procurement action;

 

(c) A description of the requirement, including the estimated value or cost;

(d) A finding that circumstances giving rise to the emergency procurement were not reasonably foreseeable by the Authority;

 

(e) A description of the steps taken to solicit bids or proposals from as many potential competitors as possible under the circumstances, or a sole source justification in accordance with the provisions of section 308;

(f) A finding that anticipated costs to the Authority will be fair and reasonable; and

(g) Any other pertinent facts or reasons supporting the procurement on an emergency basis.

 

307.4 The CCO shall not make any procurement under this section to meet any continuing need of the Authority, beyond what is necessary to meet the emergency condition.

 

307.5 The CCO may use a letter or a verbal request to solicit proposals for an emergency procurement. If a letter request is used, the CCO shall ensure that the letter is as clear and concise as possible and contains only the information necessary for providing a proposal.

 

307.6 The CCO shall include all applicable standard contract clauses in any purchase order issued under this section.

 

authority

The Board of Directors of the Washington Convention and Sports Authority (Authority), pursuant to section 203 of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1203.3(3)(6) (2008 Repl. & 2011 Supp.).

source

Final Rulemaking published at 44 DCR 4907, 4915 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002); as amended by a Notice of Emergency and Proposed Rulemaking published at 58 DCR 7986 (September 9, 2011)[EXPIRED]; as amended by a Notice of Final Rulemaking published 58 DCR 9261 (October 28, 2011).

EditorNote

Notice of Final Rulemaking published at 58 DCR 9261 renamed chapter 3, "Washington Convention and Sports Authority: Procurement." Chapter 3 was formerly entitled, "Washington Convention Center: Procurement."