EMERGENCY PROCUREMENT REPORT Public Exigencies Pursuant To NJSA 1944A2012

emergency procurement report public exigencies pursuant to n.j.s.a. 19:44a-20.12 procedure an emergency procurement report is requir

EMERGENCY PROCUREMENT REPORT
Public Exigencies Pursuant To N.J.S.A. 19:44A-20.12
Procedure
An Emergency Procurement Report is required when municipalities,
counties, and their instrumentalities and agencies1 (public agency)
experience an emergency that warrants the immediate delivery of goods
or services and in doing so, are unable to comply with the
“Pay-to-Play” provisions of N.J.S.A. 19:44A-20.4 et seq. N.J.S.A.
19:44A-20.12 provides in pertinent part that:
“Nothing contained in this act shall be construed as prohibiting the
awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services as determined
by the State Treasurer.”
The State Treasurer2 has determined that approval under this provision
is automatically granted when:
1.
A public agency finds the public’s health, safety or welfare
requires the immediate delivery of goods or the performance of
services.
2.
The award of any such contracts is made pursuant to the provisions
of N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1 et seq., or for county
colleges, N.J.S.A. 18A:64A-25.6.
3.
Contracts are issued in response to a formal declaration of an
emergency by the Governor.
Emergency Report Required
The Treasurer also requires that when a contracting agency uses these
provisions, the agency’s purchasing agent or other appropriate
personnel shall file with Director of the Division of Local Government
Services an “Emergency Procurement Report,” within 30 days of the date
the contract was issued. Contracts relating to a formal declaration of
an emergency by the Governor are exempt from the reporting provision.
Certain information is necessary to address situations in which an
exigency/emergency affecting the public’s health, safety or welfare
requires the immediate delivery of goods or the performance of
services.
N.J. Division of Local Government Services
==========================================
EMERGENCY PROCUREMENT REPORT
============================
This report is to be filed by the contracting agent of the public
agency with the Director of the Division of Local Government Services
within 30 days of the date the emergency contract was issued. Please
provide the necessary information to satisfactorily complete the
report. Refer to the Instructions accompanying this form and the
statutory and regulatory citations on the reverse of this form.
This form is designed to be completed using Microsoft Word; if not
completed that way, please print it out.
1.
Name of Public Agency:
 
County:
 
2.
Date Emergency occurred:
 
Time emergency occurred:
 
3.
Date emergency declared:
 
Time emergency declared:
 
4.
Agency/department responsible for determining there was an
emergency:
 
5.
Name and title of the official in charge of that agency:
 
6.
Describe the condition or circumstance pertaining to the emergency
(attach additional sheets if necessary):
 
7.
Name and title of the individual who determined the matter was an
emergency and authorized award of contract(s):
 
8.
The total (or estimated) cost of providing the goods or performing
services was:
$ 
9.
List the names the contractors/suppliers receiving 25% or more of
the contracts awarded under the emergency:
 
 
 
 
10.
When was the notification reduced to writing and filed with the
purchasing agent?
 
11.
Has the public agency adopted a “chain of command” procedure
pursuant to N.J.A.C.5:34-6.1?
 
This report was completed by (name and title):
 
Name and Address of agency contact person:
 
Signature:
Date:
 
Submit by mail or fax to:
Director, Division of Local Government Services
P.O. Box 803
Trenton, New Jersey 08625-0803
Fax: 609-633-6243
Legal Provisions Related to Use of Emergencies
40A:11-6 Emergency contracts
6. Emergency contracts. Any contract may be negotiated or awarded for
a contracting unit without public advertising for bids and bidding
therefor, notwithstanding that the contract price will exceed the bid
threshold, when an emergency affecting the public health, safety or
welfare requires the immediate delivery of goods or the performance of
services; provided that the awarding of such contracts is made in the
following manner:
a. The official in charge of the agency wherein the emergency
occurred, or such other officer or employee as may be authorized to
act in place of that official, shall notify the purchasing agent, a
supervisor of the purchasing agent, or a designated representative of
the governing body, as may be appropriate to the form of government,
of the need for the performance of a contract, the nature of the
emergency, the time of its occurrence and the need for invoking this
section. If that person is satisfied that an emergency exists, that
person shall be authorized to award a contract or contracts for such
purposes as may be necessary to respond to the emergent needs. Such
notification shall be reduced to writing and filed with the purchasing
agent as soon as practicable.
b. Upon the furnishing of such goods or services, in accordance with
the terms of the contract, the contractor furnishing such goods or
services shall be entitled to be paid therefor and the contracting
unit shall be obligated for said payment. The governing body of the
contracting unit shall take such action as shall be required to
provide for the payment of the contract price.
c. The Director of the Division of Local Government Services in the
Department of Community Affairs shall prescribe rules and procedures
to implement the requirements of this section.
d. The governing body of the contracting unit may prescribe additional
rules and procedures to implement the requirements of this section.
N.J.A.C. 5:34-6.1 General requirements (edited as to applicability)
(a) The use of emergency purchasing pursuant to N.J.S.A. 40A:11-6 or
18A:18A-7 shall be subject to the following requirements:
1. An actual or imminent emergency must exist requiring the immediate
delivery of the goods or the performance of the service;…
…3. The emergency purchasing procedure may not be used unless the need
for the goods or services could not have been reasonably foreseen or
the need for such goods or services has arisen notwithstanding a good
faith effort on the part of the contracting unit to plan for the
purchase of any goods or services required by the contracting unit;
4. The contract shall be of such limited duration as to meet only the
immediate needs of the emergency; and
5. Under no circumstances shall the emergency purchasing procedure be
used to enter into a multi-year contract.
(b) The governing body of each contracting unit shall adopt rules or
regulations as appropriate to the contracting unit to ensure that
there is a procedure for determining and confirming the existence of
an emergency and that the provisions for emergency purchasing pursuant
to N.J.S.A. 40A:11-6 or 18A:18A-7 may be implemented. Such rules or
regulations shall include such provisions that ensure that if
initially designated individuals are not available, there is a
designated chain of command to ensure that there are always
appropriate individuals available to make such decisions.
18A:64A-25.6 Emergency purchases and contracts
6. Any purchase, contract, or agreement may be made, negotiated or
awarded by a county college without public advertising for bids and
bidding therefor, notwithstanding that the cost or contract price will
exceed $25,000* or, commencing January 1, 2003, the amount determined
pursuant to subsection b. of section 3 of P.L.1982, c.189
(C.18A:64A-25.3), when an emergency affecting the health, safety or
welfare of occupants of college property requires the immediate
delivery of the materials or supplies or the performance of the work,
provided that such purchases, contracts or agreements are awarded or
made in the following manner:
a. A written requisition for the performance of such work or the
furnishing of materials or supplies, certified by the employee in
charge of the building, facility or equipment where the emergency
occurred, is filed with the contracting agent or his deputy in charge,
describing the nature of the emergency, the time of its occurrence,
and the need for invoking this section. The contracting agent, or his
deputy in charge, being satisfied that the emergency exists, is hereby
authorized to award a contract for said work, materials or supplies.
b. Upon the furnishing of such work, materials or supplies in
accordance with the terms of the contract or agreement, the contractor
furnishing such work, materials or supplies shall be entitled to be
paid therefor and the county college shall be obligated for said
payment.
c. The board of trustees may prescribe rules and procedures to
implement the requirements of this section.
* This provision is superseded by the provisions of N.J.S.A.
19:44A-20.4 threshold of $17,500
1 This language has been interpreted by the State to include among
others, local authorities, fire districts, and county colleges.
2 The State Treasurer’s directive can be seen at
www.nj.gov/dca/lgs/p2p