SP 19-40d – Emergency Purchases

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SP 19-40d

APPROVED: September 19, 2022
EFFECTIVE: September 19, 2022

REFERENCE(S): Board Policy (BP) 19-40, Emergency and Safety Planning; State of Colorado Fiscal Rule 3-1; C.R.S. 24-103-106

APPROVED:

/ Joseph A. Garcia /
Joseph A. Garcia, Chancellor

Application

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

Basis

Board Policy 19-40 recognizes the need to plan for emergencies and promote the safety of students, employees, facilities, and property. This procedure outlines the proper and efficient processes for procurement transactions, contracts, purchasing card limits, and approval authority for allocation of funds when required during an emergency or disaster situation.

Definition

“Emergency” is defined as a situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reasons as may be designated by the State Controller or a delegate of the State Controller as an emergency, and that creates an immediate and serious need for goods, services, or construction without time to issue a purchase order or state contract and the lack of which would seriously threaten the functioning of state government or its programs; the preservation or protection of property; or the health or safety of any person or persons.

Procedure

Upon declaration of an emergency by the Chancellor or a College President, who may consult with emergency personnel, emergency purchases may be made by CCCS Colleges and the System Office and shall be limited to only the quantity of supplies, equipment, materials, or services necessary to meet the needs during the urgent phase of an emergency. All emergency purchases shall be made with as much transparency as is reasonably allowed and will follow all competitive bid processes that are practical under the circumstances. Initial emergency purchases may be needed at the outset of an emergency, with subsequent purchases falling under standard procurement procedures as the emergency subsides.

Depending on the nature and circumstances of the emergency, normal CCCS procurement policies and processes may be waived, modified, or delayed to ensure the proper management and successful outcome of the emergency, including, but not limited to, bidding requirements, written purchase orders, fiscal review, legal review, execution of a state contract, signature authority, or standard dollar thresholds. When possible, CCCS will accelerate or modify standard procedures to accommodate the emergency rather than bypassing the procedure. Deviations from normal procurement procedures shall be permitted only with the approval of a vice president or vice chancellor over the procurement department and submission of a Resource Request document.

Following the immediate purchasing efforts to address the emergency, standard documentation and approvals must be completed and documented after the fact. If verbal contracts are initially utilized, recognizing emergencies may occur outside working hours or when time is of the essence, these emergency contracts must be followed up with required written documentation.

If a preset dollar threshold is exceeded, subsequent approval or ratification by the Chancellor or the State Board may be required in accordance with BP 8-60, Delegation of Signature Authority.

When requested during an emergency, the purchasing card amounts for designated employees may be increased and will be limited only to the quantity of those supplies, equipment, materials, or services necessary to meet the emergency. The Purchasing Division is responsible for preparing all documents and statements that must be filed with the State Controller for ratification within the required fiscal rule timelines.

Revising this Procedure

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.