§ 21-39. Emergency purchases.

(a)

In an emergency, the Director may authorize or order the expenditure of funds for emergency purchases of supplies, materials, equipment and contractual services for the using agencies without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency shall be included in the contract file.

(b)

An emergency shall be deemed to exist when the Director determines that:

(1)

A breakdown or failure of machinery or other equipment has occurred;

(2)

A curtailment, diminution or termination of an essential service is threatened; or

(3)

A dangerous condition has developed and that a procurement without recourse to competitive sealed bidding or competitive negotiation is:

a.

Needed to prevent loss of life or property;

b.

Essential to protect and preserve the interests of the City and its inhabitants;

c.

Needed to maintain the proper functioning of the City government; or

d.

Needed to maintain the efficient rendering of public services.

(c)

Whenever, because of scarcity, the Department of Public Utilities is curtailed in excess of 15 percent of the quantity of natural gas which it is otherwise entitled to receive from its supplier pursuant to the terms of a contract approved by the City Council, the Director of Public Utilities is authorized, during the period of curtailment, to make purchases permitted by regulations of the Federal Energy Regulatory Commission or other governmental authorities having jurisdiction of such additional and emergency supplies of natural gas as may be available, without recourse to competitive bidding. The Director of Public Utilities shall advise the Chief Administrative Officer and the Director of Procurement Services of the fact of such purchase.

(Code 1993, § 22.1-65; Code 2004, § 74-43; Ord. No. 2004-360-330, § 1, 12-13-2004)

State Law reference— Similar provisions, Code of Virginia, § 2.2-4303(F).

(Code 1993, § 22.1-65; Code 2004, § 74-43; Ord. No. 2004-360-330, § 1, 12-13-2004)

State law reference

Similar provisions, Code of Virginia, § 2.2-4303(F).