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The Vice Chancellor of Health Affairs at UMMC or appropriate designee may authorize emergency procurements under emergency conditions defined in Section 31-7-1(i) of the Mississippi Code of 1972, annotated, provided the emergency procurements are made with competition practicable under the circumstances. The provisions of this regulation apply to every procurement made under emergency conditions that will not permit other source selection methods to be used. A written determination of the basis for the emergency and for the selection of the particular contractor will be included in the contract file. These purchases will be in compliance with Section 31-7-13(DJ) of the Mississippi Code of 1972, annotated. The Purchasing Department will notify the Office of Purchasing and Travel after the emergency purchase is made.
The emergency certification on Form SC-1, Special Circumstances, will be signed and submitted with a certification of the conditions and circumstances of the emergency. The following questions on Form SC-1 should be answered when writing a certification for emergnecy purchase:
The provisions of this regulation apply to every procurement made under emergency conditioins that will not permit other source selection methods to be used.
Emergency procurement is limited to those supplies, services, or construction items necessary to meet the emergency. UMMC may make emergency procurements when an emergency condition arises and the need cannot be met through normal procurement methods, provided prior approval of the Vice CHancellor UMMC is obtained. The Vice Chancellor must sign the certification. The procedure used will assure that the required commodities are procured in time to meet the emergency. Given this constraint, competition as is practicable will be obtained.
Competitive sealed bidding is considered unsuccessful when bids are unreasonable, noncompetitive, or the low bid exceeds available funds as certified by the appropriate fiscal officer, and time or other circumstances will not permit the delay required to re-solicit competitive sealed bids. If emergency conditions exist after an unsuccessful attempt to use competitive sealed bidding, an emergency procurement may be made.
The definition of Emergency Conditions as found in Section 31-7-1(i), Mississippi Code of 1972, annotated, provides the following:
"The term 'emergency' shall mean any circumstances caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, or caused by any inherent defect due to defective construction, or when the immediate preservation of order of public health is necessary by reason of unforeseen emergency, or when the restoration of a condition of usefulness of any public building, equipment, road or bridge appears advisable, or in the case of a public utility when there is a failure of any machine or other thing used and useful in the generation, production or distribution of electricity, water or natural gas or in the transportation or treatment of sewage; or when the delay incident to obtaining competitive bids could cause adverse impact upon the governing authorities or agency, its employees or its citizens."
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