This Is a Sample Should the Need Arise for Documentation of an Exigency Procurement

This is a sample should the need arise for documentation of an exigency procurement.

Exigency Procurement - Policy

Under very limited circumstances, an agency may need the flexibility to make an "exigency" purchase. Exigency purchases are typically made outside of the normal purchasing procedures due to a sudden and unexpected happening or unforeseen occurrence or condition which requires immediate action. It should never include a situation created by poor planning on the part of the using agency.

Need is fundamental to justifying an exigency procurement -- the procedure shall not be used to satisfy personal preferences or convenience on the part of the agency, for preventing funds from reverting at the end of the fiscal year, or for any reason that seeks to circumvent regular procurement methods.

The following procedures must be considered when making a determination regarding exigency purchases:

1.An exigency procurement must be limited to those supplies and services necessary to meet the exigency.

2.The determination as to whether procurement is an exigency must be made by the CSD Contract and Procurement Officer. The determination must be in writing and must state the basis for exigency procurement and for the selection of the particular vendor.

3.The purchase procedure used shall be selected to assure that the required supplies or services are procured in time to meet the exigency. However, such competition as is practicable shall be obtained.

A record of each exigency procurement must contain:

1.The vendor's name;

2.The amount and type of the contract;

3.A list of supplies and services purchased under the contract; and

4.Written documentation justifying the exigency procurement and the basis for the selection of a particular vendor.

Sample on Next Page.

SAMPLE

(Print on Agency Letterhead)

(Insert complete information, Delete ( ) and underline formatting)

(date)

Department of Administration

General Services Division

State Procurement Bureau

(Bureau Chief) Currently Brad Sanders 06/07

The Department of Military Affairs, Centralized Services is in the midst of an exigency situation involving ______services for ______. Due to______the department has no other option available other then to ______with______. This vendor was chosen due to ______.

I am declaring that a “public exigency” exists, according to Section 18-4-133, MCA and ARM 2.5.606. This declaration exempts this procurement from competition requirements of the Montana Procurement Act.The purchase of ______necessary for a short term solution to ______. The approximate total expense for this procurement is $______.

At this time the agency is inthe process of issuing solicitation documents to secure services for ______beginning______.

Sincerely

(Procurement Official/Title and Name)

DMA-015 Exigency Letter

06/07