Section 803 – Emergency procurement.

Effective 5/5/2021
63G-6a-803. Emergency procurement.

• (1) As used in this section, “natural disaster” means an event where:
  • (a) one or more of the following has caused widespread damage:
    • (i) an explosion;
    • (ii) fire;
    • (iii) a flood;
    • (iv) a storm;
    • (v) a tornado;
    • (vi) winds;
    • (vii) an earthquake;
    • (viii) lightning; or
    • (ix) other adverse weather event; and
  • (b) the president of the United States has declared an emergency or major disaster in the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.

• (2) Notwithstanding any other provision of this chapter and subject to Subsection (4), 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 health, safety, welfare, or property, including a natural disaster; or
  • (c) protect the legal interests of a public entity.

• (3) A procurement unit conducting an emergency procurement under Subsection (2) shall:
  • (a) ensure that the procurement is made with as much competition as reasonably practicable while:
    • (i) avoiding a lapse in a critical government service;
    • (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or
    • (iii) protecting the legal interests of a public entity; and
  • (b) make the following publicly available on the procurement unit’s website within 14 days of the emergency 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.

• (4)
  • (a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract entered into for an emergency procurement under this section may be no longer than 30 days.
  • (b) The term of a contract entered into for an emergency procurement under this section related to a natural disaster may be no longer than 60 days.

• (5)
  • (a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do not apply to an emergency procurement for legal services.
  • (b) A person hired through an emergency procurement to provide legal services may not, under the contract entered into through the emergency procurement, hire or otherwise provide remuneration to a consultant for services related to any topic that is not directly related to the legal services for which the person was hired.

• (6) The requirements described in Subsection (4) do not apply to an emergency procurement by the Department of Human Services related to the:
  • (a) placement of a client with a residential service provider; or
  • (b) provision of medical services for a client.

Amended by Chapter 30, 2021 General Session