Subject 665-2-12 EXEMPTIONS, EMERGENCIES, AND SPECIAL DELEGATIONS
The CIO or his designee may exempt products and services from
purchase through GTA provided the CIO or his designee determines that no price
or quality advantage would be gained by handling a particular acquisition
through GTA.
| (1) |
An agency may
make purchases of goods or services in the open market in cases of emergency or
pressing need. For this purpose, a pressing need is one arising from unforeseen
causes including, but not limited to, delay by contractors, delay in
transportation, breakdown in machinery, unanticipated volume of work, or
financial situations which result in the State incurring unreasonable expenses.
Emergencies are defined as situations that endanger lives, property or the
continuation of a vital program or unreasonably risk assets, as determined by
the agency executive officer, and that can be rectified only by immediate,
on-the-spot purchases or rental of goods or services. |
| (2) |
Agencies may negotiate with a potential
vendor(s) in an effort to acquire the quality of good or service needed at the
best possible price, delivery, terms and conditions. If time permits, a
solicitation document requesting or inviting an offer(s) may be issued,
including standard language terms and conditions issued by GTA, unless
circumstances prohibit their use. |
| (3) |
When emergency or pressing need action is
necessary, and the expenditure is over the delegation, prior verbal approval
shall be obtained from GTA if time permits. Subsequently, whether or not such
prior approval was possible, if the expenditure is over the delegation, an
explanation of the emergency or pressing need purchase shall be reported in
writing to GTA. |
| (1) |
The CIO or his designee may authorize, by
special delegation, any agency to purchase specific goods or services even if
the expenditure exceeds the general delegation. Every such delegation shall be
in writing and made a matter of record. |
| (2) |
The CIO or his designee may require that
offers received under such delegations be sent to GTA for determination of the
successful vendor. |
| (3) |
GTA shall
periodically review its special delegations of purchase to ascertain the
availability of these goods or services and their continued suitability for
delegation. |
| (1) |
GTA shall be responsible for compliance
reviews on technology purchasing practices at all agencies. The purpose of the
compliance review shall be for determining if an agency is complying with GTA's
purchasing statutes and rules adopted thereunder, and whether it should
continue having the same level of delegation, have it reduced, or if it
qualifies for an increase. A copy of the compliance report shall be provided to
the agency's executive officer, and the State CIO. |
| (2) |
GTA staff may enter the premises and
obtain an agency's purchasing records for the purpose of the compliance review.
The agency shall cooperate with GTA staff, providing them with requested
records, adequate office space for conducting the review and agency purchasing
staff for discussion of purchase transactions. GTA shall not unnecessarily
require of the agency any more than is needed to complete the review. |
| (3) |
The CIO may lower, or raise if requested,
an agency's general delegation if the results of a compliance review by the
compliance staff of GTA merit such action as determined by the CIO. The CIO may
lower the delegation to any level, including the complete removal of the
delegation, depending on the nature of any violations found. |
| (4) |
The CIO or his designee shall provide to
each agency, upon request, GTA's assistance in educational training for the
agency's staff to better acquaint them with GTA's purchasing statutes and
rules. |
