§ 2-1192. Emergency procurement.

(a)

When the chief procurement officer determines that an emergency exists, the chief procurement officer may make or authorize others to make emergency procurements for supplies, services, construction items or professional or consultant services. The chief procurement officer shall make such determination when there exists a threat to public health, welfare or safety under emergency conditions. The procuring agency shall endeavor to utilize existing contracts when addressing an emergency procurement, if appropriate. If using an existing contract is not appropriate or no existing contract provides the supplies, services, construction items or professional or consultant services needed for the emergency procurement then, the procuring agency shall conduct the emergency procurement with as much competition as is practicable under the circumstances.

(b)

The following information shall be included in the emergency procurement contract file:

(1)

An overview of the nature of the emergency, including relevant circumstances; and

(2)

A description of the threat to the health or safety of individuals, property, or essential city function if immediate action is not taken and an estimation of the potential material loss or damage; and

(3)

A summary of the contractor's qualifications, experience and background to provide the emergency service and the basis on which the contractor was selected over other qualified and responsive firms; and

(4)

A description of the scope of work, as well as the costs, fees, or rates for the purchase; and

(5)

A description of the work performed by the contractor to mitigate or eliminate the emergency, including a description of what consequences of what would have been if the emergency action had not been taken and the risk associated with inaction;

(6)

Pricing information when the contract award amount is over $100,000.00 or 20 percent over pre-emergency pricing (if such information is available to the using agency), whichever is less. If no pre-emergency pricing information is available, then the using agency will provide current industry pricing, when practicable.

(c)

If an emergency should arise after office hours which requires immediate action on the part of the using agency involved for the protection of the city or if a like situation arises on a Sunday or holiday and it is not possible or convenient to reach the chief procurement officer, any purchase necessary may be made by the official in charge of such using agency. The purchase shall be reported to the chief procurement officer within 24 hours. When the mayor declares a state of emergency and implements the Atlanta-Fulton County Emergency and Disaster Operations Plan, Annex 10A, additional supplies and equipment needed shall be procured in accordance with the plan, using the most practicable method which will ensure both expeditious procurement and effective control.

(d)

Within three business days of executing the emergency contract, an authorizing agency must make the emergency contract information available for public inspection. The agency shall post the emergency contract on the department of procurement website. Additionally, the department of procurement shall report the emergency contract information to the committee of purview by the next committee cycle following the three business day deadline.

The department will also disclose the document relating to the conflict of interest or the related party's disclosure information by the using agency.

(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09; Ord. No. 2017-09(17-O-1048), § 1, 3-15-17 ; Ord. No. 2018(18-O-1224), § 1, 5-16-18 )