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]