(a) Definition of emergency conditions. An emergency condition is an unforeseen danger to life, safety, property, or a necessary service. The existence of such a condition creates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods.
(b) Scope. An emergency procurement shall be limited to the procurement of those items necessary to avoid or mitigate serious danger to life, safety, property, or a necessary service.
(c) Authority to make emergency purchases.
(1) Any 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 Agency shall obtain the prior approval of the Comptroller and the Corporation Counsel.
(3) The Agency shall submit at the earliest practicable time a determination of the basis of the emergency and the selection of the contractor, as set forth in 9 RCNY § 3-06(e)(3) to the Comptroller and the Corporation Counsel for approval as soon as possible.
(d) 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.
(e) Public notice and filing requirements. Solicitations in emergency procurements are subject to the following public notice and reporting requirements:
(1) Solicitations pursuant to a finding of emergency are not required to be published in the City Record.
(2) The agency shall publish notice of the award of the emergency contract in accordance with 9 RCNY § 3-06(f).
(3) A determination of the basis for the emergency and the selection of the vendor must be filed with the Corporation Counsel and the Comptroller, and must further be submitted to the City Council no later than fifteen days following the contract award. The determination must include:
(i) the date emergency first became known;
(ii) a list of goods, services, and construction procured;
(iii) the names of all vendors solicited;
(iv) the basis of vendor selection;
(v) contract prices;
(vi) the past performance history of the selected vendor;
(vii) a listing of prior/related emergency contract; and
(viii) PIN.
(f) Notice of award.
(1) Frequency. Notice of a contract award exceeding the small purchase limits shall be published at least once in the City Record, within fifteen calendar days after contract registration.
(2) Content. Such notice shall include:
(i) summary determination of the basis for the emergency stated to be either a case of an unforeseen danger to life, safety, property, or a necessary service;
(ii) agency name;
(iii) PIN;
(iv) title and/or brief description of the goods, services, or construction procured;
(v) name and address of the vendor;
(vi) dollar value of the contract;
(vii) procurement method by which the contract was let; and
(viii) citation of the reason under Section 315 of the Charter providing justification for the chosen method of procurement.
(Amended City Record 1/29/2016, eff. 3/1/2016)