State Agency Emergency Procurement Modifications

The bill modifies the requirements for a state agency to make an emergency procurement when there exists a threat to public health, welfare, or safety under emergency conditions as follows:

• Current law authorizes a designee of the chief procurement officer or the procurement official to make an emergency procurement. The bill repeals the authorization of a designee to make an emergency procurement.
• Current law specifies that a state agency is required to make an emergency procurement with competition as is practicable under the circumstances. The bill requires a state agency to obtain at least 3 informal bids in executing an emergency procurement.
• For an emergency procurement that exceeds $150,000, a state agency is required to provide to the state controller a written determination of the basis for the emergency and for the selection of any vendor awarded a contract; and
• A state agency is required to provide to the state controller a written attestation that no conflict of interest exists between the vendor awarded the contract and the state agency awarding the contract or within that state agency and that the selection of the vendor and reason for the procurement were not unduly influenced by the person executing the procurement or any officer or employee of the executive branch of state government.

The state controller is prohibited from approving a contract or invoice for an emergency procurement unless the state agency has obtained 3 bids, provided a written determination of the basis for the emergency and selection of the vendor when required, and provided an attestation that there is no conflict.

(Note: This summary applies to this bill as introduced.)