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  3. Emergency Procurement

Emergency Procurement

In the 2021 Legislative session, HB 0043 “Emergency Procurement Declaration Modifications” was passed and subsequently signed by the governor. The modification to the Utah Procurement Code’s emergency procurement declaration 63g-6a-803(3)(b) indicates that:

Make the following public available on the procurement unit’s website within 14 days of the emergecy 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

To remain compliant with Utah Procurement Code related to 63g-6a-803(3)(b), at the bottom of this page you will find a button that will link you to a folder containing the emergency procurements engaged in by the Utah Department of Transportation. If you are an employee that has reached this page in error and are looking for how to perform an emergency procurement there is a button that will link you to the appropriate employee page.

So, what is an emergency procurement?

According to Utah Procurement Code 63g-6a-803(2):
A procurement official may authorize a procurement unit 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 healthy, safety, welfare, or property, including a natural disaster; or (c) protect the legal interests of a public entity.

Who approves emergency procurements at UDOT?

UDOT administrative rule R907-33-7(6) stipulates that:
The executive director of a designee will make or authorize others to make an emergency procurement when there exists a threat to public health, welfare, or safety, or circumstances outside the control of the Department create an urgency of need that does not permit the delay involved in using formal competitive procurement methods.
(a) A written authorization to make an emergency procurement will be required
(b) The provider of the supply, service, or construction procured pursuant to this subjection, R907-33-7(6) may be paid based on the written authorization required by subsection R907-33-8(6)(a)
Emergency Procurement Posting Employee Emergency Procurement Guide