An "emergency condition" is a situation that
creates a threat to public health, welfare or safety such as may arise
by reason of floods, epidemics, riots, equipment failures or similar
events. The existence of the emergency condition creates an immediate
and serious need for services, construction, or items of tangible
personal property that cannot be met through normal procurement methods
and the lack of which would seriously threaten the functioning of
government; the preservation or protection of property; or the health
or safety of any person. (NMSA § 13-1-127)
Only the County Manager or his/her designee
may authorize emergency purchases. Such authorization shall be based
upon a finding that an emergency condition exists. The Board of County
Commissioners must ratify emergency purchases in excess of the County
Manager's approval authority.
When an emergency condition exists, the following
procedures shall apply:
A.
The department manager/director shall contact the
County Manager or his/her designee to explain the nature of the emergency
and obtain prior written or verbal approval to proceed with an emergency
purchase.
B.
If the County Manager or his/her designee has granted
approval to proceed with an emergency purchase, the department manager/director
shall notify the Purchasing Manager of the emergency purchase.
C.
The emergency purchasing process shall incorporate
as much competition among prospective vendors as is practicable under
the circumstances (i.e., three quotes).
D.
The department manager/director shall prepare a written
justification of the basis for the emergency and for the selection
of the particular vendor. A written price quotation from the vendor
must accompany the written justification. This written justification
and price quotation must be sent to the Purchasing Department in a
timely manner.
E.
The Purchasing Department will obtain the County Manager's
signature on the written justification, denoting approval of the emergency
purchase.
F.
If ratification is necessary by the Board of County
Commissioners, the department manager/director requesting the emergency
purchase will be responsible for obtaining Board of County Commissioners'
ratification at the earliest available opportunity.
A.
An "urgent purchase" is a purchase of goods or services,
necessitated by an urgent condition, that is made outside of the normal
working hours of the Purchasing and/or Finance Office without a previously
approved formal purchase order, and which justifiably requires immediate
execution.
B.
Use of the urgent purchase process should be limited
to situations where the circumstance of the urgent condition requires
an immediate purchase of goods or services without the delay associated
with the issuance of a formal purchase order. The condition or event
must give rise to a pressing necessity that requires prompt action
or attention that cannot be reasonably postponed until the next business
day. Urgent purchases should be utilized only as a matter of necessity
and not merely as a convenience. Urgent purchases are not appropriate
for filling routine purchasing needs that are, or could have been,
reasonably anticipated.
C.
Examples of circumstances where urgent purchases may
be necessary include, but are not limited to, purchases such as those
relating to the immediate after-hours repair of building heating equipment
in the winter, or weekend tire repair for a Sheriff's Department vehicle
needed for weekend patrol, and similar purchases necessary to address
immediate safety and security issues.
D.
Urgent purchases are strongly discouraged. Personnel
who use the urgent purchase procurement process in the absence of
a bona fide urgent condition, and as a means of avoiding the standard
procurement methods, may be subject to disciplinary action.
An "urgent condition" is any unforeseen adverse
event, occurrence, or condition that, if not immediately corrected,
will have a significant and immediate articulable negative impact
upon the operations of the County or a County department, and that
will require immediate action or attention to prevent, diminish, or
repair the damage or loss of County property, the impairment of departmental
functionality, or the interruption of essential services.
When an urgent condition exists, the following
procedures shall apply:
A.
The employee shall contact the department director/manager
or his/her designee to explain the nature of the urgent purchase and
the amount that will be required for the urgent purchase. The employee
shall incorporate as much competition among prospective vendors as
is practicable under the circumstances (i.e., three quotes) when obtaining
the amount required for the urgent purchase.
B.
If the department director/manager concurs that the
situation meets the definition of an urgent purchase and the urgent
purchase does not exceed $1,000, the department director/manager shall
contact the Financial Services Director to notify of the urgent purchase
and obtain concurrence to proceed with the purchase.
C.
If the department director/manager concurs that the
situation meets the definition of an urgent purchase and the urgent
purchase exceeds $1,000, the department director/manager shall contact
the County Manager or his/her designee to notify of the urgent purchase
and obtain concurrence to proceed with the purchase.
D.
Upon approval from the department director/manager
and Financial Services Director or County Manager, the employee can
proceed with the urgent purchase.
E.
The department director/manager shall prepare a written
justification of the basis for the urgency and for the selection of
the particular vendor. A written price quote from the vendor must
accompany the written justification. This written justification and
price quotation must be sent to the Purchasing Department in a timely
manner.
F.
The Purchasing Department will obtain the Financial
Services Director's or County Manager's signature on the written justification
denoting approval of the urgent purchase.
G.
The department requesting the urgent purchase shall
initiate a requisition and the Purchasing Department will issue a
purchase order.
H.
The Board of County Commissioners must ratify urgent
purchases in excess of the County Manager's approval authority. If
ratification is necessary by the Board of County Commissioners, the
department manager/director requesting the urgent purchase will be
responsible for obtaining Board of County Commissioners' ratification
at the earliest available opportunity.
[Amended 9-27-2011 by Ord. No. 235-2011]
