Emergency procurements may occur but only when there exists a threat to public health, welfare or safety. Any department head or other official who makes an emergency purchase without following the regulations of the standards board may be held personally liable for such purchase. M.C.L. 4.12.070 Emergency procurements.
The existence of such condition creates an immediate and serious need for supplies, services, or construction that cannot be met through normal procurement methods and the lack of which would seriously threaten:
- the functioning of Metro government;
- the preservation or protection of property;
- the health or safety of any person.
R4.12.070.02 Definition of Emergency Conditions.
All purchases are to be first attempted through existing contracts. If this attempt fails, when practical, at least two, and preferably three, competitive quotations are to be obtained, and the required supplies and/or services procured from the lowest responsive and responsible bidder able to respond within the emergency demands.
The requirements for sealed solicitations, standard public notice times, SMWBE participation, and labor workforce requirements may be waived. Emergency procurements, however, are made with as much competition as is practical under the circumstances.
Emergency procurements must be approved by the Purchasing Agent or their designee. If unavailable and the emergency demands immediate attention, the department head may make the determination but assumes liability for the action.
A written determination (Emergency Request Form) is required, preferably prior to the purchase but always must be submitted to the Purchasing Agent within one (1) Metro business day of the emergency. R4.12.070.04 Authority to Make Emergency Procurements.