DGS/PD Engineering Services is available to assist departments in providing technical knowledge, assistance in planning efforts, and specification preparation, including inspection criteria and acceptance testing and Environmentally Preferable Purchasing (EPP) components (See Chapter 3 Socioeconomic and Environmental Programs).
Does the acquisition meet PD Purchasing Standards: approved third-party environmental certifications such as Energy Star, Green Seal, or Electronic Product Environmental Assessment Tool EPEAT (®) or industry standards such as Society of Automotive Engineers (SAE) American Society for Testing and Materials (ASTM) or National Institute of Standards and Technology (NIST) or equivalent?
Is the acquisition reportable, is it a SABRC commodity category, contain recycled materials or provide take-back options?
Is the acquisition for on or off road equipment, an appliance or use for building maintenance?
Must the commodity be customized?
Refer to Section G, Resources, at the end of this chapter for access to DGS/PD Engineering Services web page.
2.B9.1 Specifications
When developing specifications departments should begin by identify:
Type of commodity (i.e. vehicle, HVAC, plumbing, IT)
Number of manufactures offering commodity meeting department’s needs
Performance factors
Cost of ownership
Customization requirements
Regulatory criteria
DGS Purchasing Standards, approved third-party environmental certifications [i.e. Energy Star, Green Seal, or Electronic Product Environmental Assessment Tool (EPEAT®) ]
Industry standards [i.e. Society of Automotive Engineers (SAE), American Society for Testing and Materials (ASTM), National Institute of Standards and Technology (NIST)]
Specialized test and acceptance procedures
Licenses and Permits
Installation and setup requirements (i.e. building and IT interface)
Topic 10 – Emergency Purchases
2.B10.0 Definition
Where immediate acquisition is necessary for the protection of the public health, welfare, or safety, Public Contract Code Section 12102(a)(2) allows for emergency purchases of IT goods and/or services. Public Contract Code Section 10302(a) allows for emergency purchases for non-IT goods and services.
IT Goods and Services:
An emergency as defined by Public Contract Code Section 12102(a): “the goods and services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare, or safety.”
Non-IT Goods and Services:
Public Contract Code Section 1102 defines an emergency as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property or essential public services.”
Departments are not required to conduct competitive solicitations when the determination has been made that goods and/or services are needed on an emergency basis, where immediate acquisition is necessary for the protection of the public health, welfare, or safety.
An emergency is further defined and divided into the following classifications:
An emergency purchase not in response to a natural disaster, i.e., purchase of goods needed to manage drought conditions.
2.B10.1 Required documentation
Regardless of the classification of the emergency, documentation must be uploaded into FI$Cal system and kept in the procurement file. The following information must be provided to DGS/PD, as applicable:
A description of the emergency.
Explanation of how the situation falls within the parameters of an emergency justifying the emergency purchase.
Explanation of the consequences of making the purchase through normal procurement processes.
A description of the IT goods and/or services and price.
The names and quotations of suppliers contacted.
Approval of the Department Director or designee.
2.B10.2 Responding to a natural disaster
If an emergency purchase in response to a natural disaster when a response requires immediate action, the department shall proceed with the purchase regardless of the department’s NCB purchasing authority status. The department shall document in FI$Cal the circumstances of the emergency purchase and then issue the purchase document.
2.B10.3 Emergency purchase not in response to a natural disaster
The following provides the emergency purchase process in response to an emergency situation other than a natural disaster. If the purchasing activity:
Is within a department’s authorized NCB contract purchasing authority dollar threshold, proceed with the purchase:
Document the circumstance of the emergency purchase.
Document names and quotations of suppliers contacted.
Issue the purchase document.
Exceeds a department’s authorized NCB contract purchasing authority threshold, proceed with the purchase:
Contacting the DGS/PD immediately or within the next business day to provide the circumstance of the emergency at the One-Time Acquisition support number: 375-4471.
The DGS/PD contact reviews the circumstance and if approved, assigns the transaction an Authorization to Exceed Monetary Limits (Form 42) number.
Documenting the circumstance of the purchase.
Recording the Form 42 number in the PA number box on the purchase document prior to issuing the purchase document.
2.B10.4 Examples of emergency purchase
Example #1 - IT emergency:
A server supporting a prison’s security system fails, and the prison has to resort to a backup server. The server must be replaced immediately to ensure the safety of the population internal and external to the prison.
A supplier does not meet a delivery date to supply a department director with a laptop, so the department wants to execute an immediate purchase of a laptop from another supplier. This is not an emergency purchase, as it does not pose an immediate threat to the public health, welfare or safety or an immediate threat to public property.
Example #3 - Non-IT emergency:
A mudslide, caused by a flood, occurs on a highway and the crew must make an immediate purchase for supplies to clean up the mud.
A department wants to purchase three (3) used bulldozers for routine forestry maintenance at a cost of $492,000.00. The purchase saves the department an estimated $260,000.00 when prices are compared to new bulldozer prices. Although it may be in the state’s best interest to purchase the used equipment, it does not meet the definition of an “emergency”.
