Sec. 21.05.06.02. Emergency Procurements

A. Scope. An emergency procurement shall be limited to the procurement of only the types of items and quantities of items necessary to avoid or to mitigate serious damage to public health, safety, and welfare as further defined in COMAR 21.01.02.01B.

B. Authority.

(1) Any procurement agency may make an emergency procurement when an emergency arises and the agency's resulting need cannot be met through normal procurement methods.

(2) The procurement officer may award an emergency contract or make an emergency contract modification only with the approval of the agency head or designee.

C. Source Selection. The procedure used shall assure that the required items are procured in time to meet the emergency. Given this constraint, such competition as is possible and practicable shall be obtained.

D. Record and Review of Emergency Procurement.

(1) Notice of award shall be published in eMaryland Marketplace by the procurement agency not more than 30 days after the execution and approval of the contract.

(2) A record of each emergency procurement shall be made as soon as practicable and shall set forth:

(a) The basis and justification for the emergency procurement including the date the emergency first became known;

(b) A listing of supplies, services, maintenance, commodities, construction, or construction-related services procured;

(c) The names of all persons solicited and a justification if the solicitation was limited to one person;

(d) The prices and times of performance proposed by the persons responding to the solicitation;

(e) The name of and basis for the selection of a particular contractor;

(f) The amount and type of the contract or contract modification;

(g) A listing of any prior or related emergency contracts, including all contract modifications, executed for purposes of avoiding or mitigating the particular emergency including the aggregate costs; and

(h) The identification number, if any, of the contract file.

(3) An action agenda item, including the information required by §D(2) of this regulation, shall be forwarded by the procurement agency to the Board and to the appropriate control agency within 45 days of contract award or contract modification in accordance with COMAR 21.02.01.05A(3)(a).

(4) At the Board's request, the appropriate control agency shall review emergency procurement action agenda items and provide recommendations to the Board.

(5) The Board may direct the procurement agency or the appropriate control agency to take any action the Board deems appropriate concerning an emergency procurement.