1.3.5. Emergency Purchases

An emergency is a serious or urgent situation requiring immediate or prompt action to protect persons or property. An emergency may include, but is not limited to, a threat to public health, welfare, or safety caused by extreme weather conditions, epidemics, riots, equipment failure, or fire loss. The existence of such situations creates an urgent need for supplies or services that may not be met through the normal procurement process. Further, the lack or delay of supplies or services could seriously impair government functioning, the ability to preserve property, or the ability to protect the health or safety of any person. Emergency purchasing situations shall be classified as follows:

• Immediate Action Emergency Purchase: a serious or urgent situation requiring immediate action to protect persons or property. Examples of an Immediate Action Emergency Purchase situation include, but are not limited to, failed security locks in a state prison or burst water pipes in a state building. In such situations, the State Entity may need to respond immediately without delay in order to protect persons or property.
• Prompt Action Emergency Purchase: a serious or urgent situation requiring prompt but not immediate action to protect persons or property. Examples of a Prompt Action Emergency Purchase situation include, but are not limited to, equipment failure or the need for sandbags to protect against flooding from impending inclement weather. In such situations, the State Entity may need to respond promptly without extended delay in order to protect persons or property.

Whether the State Entity must respond immediately or promptly to an emergency is dependent upon the unique conditions of each emergency situation and the State Entity must exercise reasoned discretion in making such determination. Note that the examples provided above are for illustrative purposes only and state entities must exercise reasoned discretion to determine whether immediate or prompt action is warranted.