Chapter Six: Emergency Purchases
Keeping in mind the statutory definition of an emergency “… as a condition resulting from a sudden, unexpected happening or unforeseen occurrence or condition whereby the public health or safety is in danger….” The following procedures apply.
Emergency Purchases When a County Officer Declares an Emergency
If county officers certify the existence of an emergency that requires the immediate expenditure of funds, they may waive regular purchasing procedures to the extent of not having an encumbered purchase order. Expenditures for emergency purchases cannot exceed Five Thousand Dollars ($5,000.00).
19 O.S. § 1505(I)
The Requisitioning Officer
The requisitioning officer has the following responsibilities:
- Contact the vendor to mitigate the emergency situation as soon as possible
- Use awarded vendors, if possible, if the county has a bid on file
- On the NEXT business day, submit a Requisition - Purchase Order - Claim to the purchasing agent along with documentation of the emergency situation
- Follow normal purchasing procedures as outlined in Chapter Four, “Purchasing Methods and Procedures”
Emergency Purchases when the Governing Body of a Public Agency Declares an Emergency
As the governing board, the board of county commissioners can declare an emergency, by majority vote, in an open meeting for emergency situations relating to:
61 O.S. § 130
- Public Buildings
- A local disaster/emergency
- 63 O.S. § 683.3
- 63 O.S. 683.11(F)
- The board has the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. In certain situations, public bidding can be waived.
- A Requisition - Purchase Order - Claim should be submitted in a timely manner. Refer to Chapter Four, “Purchasing Methods and Procedures.”
- Each local organization for emergency management shall have a director who shall be appointed by the governing body of the political subdivision, who shall report directly to the board of county commissioners, and who shall have direct responsibility for the organization, administration, and operation of such local organization for emergency management, subject to the direction and control of such governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivisions within which it is organized.
Refer to the County Emergency Mitigation Plan or Disaster Recovery Plan for any special provisions and local county purchasing policies.
Leasing During Emergency
Counties can lease specialized equipment during emergencies, without a contract, for 30 days if it does not exceed Twenty-Five Thousand Dollars ($25,000.00). A Requisition - Purchase Order - Claim is still required. Follow procedures as outlined above in “Emergency Purchases When a County Officer Declares an Emergency.” Also refer to Chapter Seven, “Purchasing by: Rental, Lease, or Lease Purchase.”
69 O.S. § 636.3
Emergency Purchases when the Governor Declares an Emergency
When the Governor declares an emergency in a county, the district attorney has the authority to temporarily waive competitive bidding procedures for purchases that may expedite a response to the emergency situation.
If a county has a bid on file (common bid), every effort should be made to utilize the awarded vendor. After the emergency is declared, emergency purchasing procedures should be followed as outlined in the county’s Emergency Mitigation Plan or Disaster Recovery Plan.
Documentation should be attached to the Requisition - Purchase Order - Claim upon submission to the purchasing agent. A Requisition - Purchase Order - Claim form is still required. Refer to “Requisition - Purchase Order – Claim, SA&I Form No. 1116” in Chapter Three, “Purchasing Forms.”
Refer to the County Emergency Mitigation Plan or Disaster Recovery Plan for any special provisions and local county purchasing policies.
Emergency Purchases when the President or the Governor Declares an Emergency Management or Disaster Emergency
When a state of emergency is declared by the U.S. President or the Governor due to enemy attack or disaster, county entities may incur obligations necessary to combat the disaster, protect the health and safety of persons and property, and provide emergency assistance to victims without regard to purchasing processes and formalities prescribed by law. A Requisition - Purchase Order - Claim form is still required. Refer to “Requisition - Purchase Order – Claim, SA&I Form No. 1116” in Chapter Three, “Purchasing Forms.”
63 O.S. § 683.3(3)
Refer to the County Emergency Mitigation Plan or Disaster Recovery Plan for any special provisions and local county purchasing policies.