Section 803 - Emergency procurement.

UT Code § 63G-6a-803 (2019) (N/A)
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(1) Notwithstanding any other provision of this chapter, the chief procurement officer or the head of a procurement unit with independent procurement authority 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; or (c) protect the legal interests of a public entity.

(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; or

(c) protect the legal interests of a public entity.

(2) A procurement unit conducting an emergency procurement under Subsection (1) shall: (a) ensure that the procurement is made with as much competition as reasonably practicable while: (i) avoiding a lapse in a critical government service; (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or (iii) protecting the legal interests of a public entity; and (b) after the emergency has abated, prepare a written document explaining the emergency condition that necessitated the emergency procurement under Subsection (1).

(a) ensure that the procurement is made with as much competition as reasonably practicable while: (i) avoiding a lapse in a critical government service; (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or (iii) protecting the legal interests of a public entity; and

(i) avoiding a lapse in a critical government service;

(ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property; or

(iii) protecting the legal interests of a public entity; and

(b) after the emergency has abated, prepare a written document explaining the emergency condition that necessitated the emergency procurement under Subsection (1).