(a) Prior to conducting an emergency purchase greater than $10,000, a written justification for the use of emergency purchases must be completed. The justification must include the following information:
  (1) A description of the emergency event that includes:
    (A) a statement documenting what the emergency purchase is for and a description of the goods or services;
    (B) documentation of the reason the purchase is needed immediately, and why the purchase is needed to prevent a hazard to life, health, safety, welfare, property, or undue cost to the state; and
    (C) a description of the actual or potential threat.
  (2) An explanation that addresses why the emergency was not foreseen.
(b) Notwithstanding the immediate nature of an emergency, all procurements conducted as emergencies should be made as competitive as possible under the circumstances.
(c) For emergency purchases greater than $10,000, a reasonable attempt to obtain at least three informal bids should be made.
(d) For emergency purchases greater than $25,000, the procurement must be posted to the Electronic State Business Daily; however, the minimum posting times of the solicitation do not apply.
(e) Emergency purchases are subject to Contract Advisory Team and Quality Assurance Team reviews.
(f) Emergency purchases of goods or services should not exceed the scope or duration of the emergency.

Source Note: The provisions of this §391.217 adopted to be effective May 12, 2021, 46 TexReg 3017; amended to be effective May 10, 2022, 47 TexReg 2732