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How to Make an Emergency Procurement

According to Utah Procurement Code 63g-6a-803(2):

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.

What is more, a UDOT administrative rule R907-33-7(6) stipulates that:

Emergency procurement. The executive director or a designee will make or authorize others to make an emergency procurement when there exists a threat to public health, welfare, or safety, or circumstances outside the control of the Department create an urgency of need that does not permit the delay involved in using formal competitive procurement methods.

(a) A written authorization to make an emergency procurement will be required

(b) The provider of the supply, service, or construction procured pursuant to this subjection, R907-33-7(6) may be paid based on the written authorization required by subsection R907-33-8(6)(a)

So, what do you need to do to make an emergency purchase?

UDOT Procurement Policy is very clear as to the course of action for making an emergency purchase.

Department employees will conduct emergency purchases according to Administrative Rule R907-33-7(6). All emergency purchases require written authorization from a Region Director or Senior Leader. The Director of Procurement Services must also be contacted regarding all emergency procurements as soon as practicable. Employees will address the emergency situation immediately if the situation arises that creates a threat to the public health, welfare, or safety. Emergency procurements are limited to only those supplies, services, or construction items necessary to meet the emergency. Employees will contact contracted vendors first for emergency procurement needs. All emergency purchases are subject to internal review. Employees must submit a completed From PRO-01 the invoice to the accounting office or administrative group, even it the original approval from the Region Director or Senior Leader was verbal.

Steps for Make and Emergency Purchase

Step 1: Is this situation a threat to the health, welfare, or safety of the public?

When you are faced with the a potential emergency you should consider if it fits within the parameters of an emergency procurement. Is the problem face one of the three reasons to need to use an emergency procurement path? 1) avoid a lapse in a critical government service; 2) mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property, including a natural disaster; or 3) protect the legal interests of a public entity.

Step 2: Reach out to your Senior Leader or Region Director

You have determined that this is an emergency. At this point you should call your senior leader or Region Director and let them know about the emergency at hand, the conditions, and your recommendation for how to handle the emergency. If you Region Director or Senior Leader give you verbal authorization to move forward then you can move forward. However, please note you will still have to follow step 4 below.

Step 3: Seek out vendors to fix the emergency and limit the corrective action to what it will take to end the emergency

During an emergency while getting multiple quotes is ideal or utilizing one of many state or UDOT agency contract. If you have to mitigate the effects of the emergency then you should use your best judgement to mobilize vendors to fix the problem at hand. The work done should be limited to what is necessary to rectify the emergency if there is subsequent work that is necessary to bring the affected area back up to a certain specification or pre-emergency state that can be done through a standard procurement process. Remember, that an emergency procurement is limited to the scope of the emergency.

Step 4: Fill out the PRO-01U form in Adobe Sign

The PRO-01U form is now a workflow in Adobe Sign. This form should be filled out when it is practicable. PRO-01 will be then sent to your Senior Leader or Region Director for signature and approval. It is necessary to follow this process even if your Senior Leader or Region Director has given you prior verbal authorization to move forward with an emergency procurement. Time is of the essence will filling out this form as it must be posted to the UDOT website within 14 days of the emergency procurement, by the Procurement Services Division to remain compliant with the intent of Utah Procurement Code.

How to find and fill out the PRO-1U Form

Please watch the attached video to understand where to find the emergency procurement form and how to fill it out

Emergency Procurement Posting Public Emergency Procurement Explanation