Emergency Purchases

The University may negotiate directly for the purchase of contractual services, supplies, material, or equipment in bona fide emergencies regardless of estimated costs. The existence of the emergency must be fully explained in writing, by the VP for Finance and Chief Financial Officer or her/his designee, and the explanation must be approved by the University President. The letter and approval must be filed with the record of all such purchases. A good faith effort shall be made to affect a competitively established price for emergency purchases, with telephone quotes where possible.

The Finance and Administration Cabinet may negotiate directly for the purchase or contractual services, supplies, materials, or equipment in bona fide emergencies regardless of estimated costs. The existence of the emergency shall be fully explained, in writing, by the head of the agency for which the purchase is to be made. The explanation shall be approved by the secretary of the Finance and Administration Cabinet and shall include the name of the vendor receiving the contract along with any other price quotations and a written determination for selection of the vendor receiving the contract. This information shall be filed with the record of all such purchases and made available to the public. Where practical, standard specifications shall be followed in making emergency purchases. In any event, every effort should be made to affect a competitively established price for purchases made by the state.

Pursuant to KRS45A.095, Emergency purchases, required for continuity of operations, or the protection of the health and welfare of personnel, may be made by the University.

An emergency condition is a situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events. The existence of the emergency condition creates an immediate and serious need for services, construction, or items or 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.

The chief procurement officer, the head of a using agency, or a person authorized in writing as the designee of either officer may make or authorize others to make emergency procurements when an emergency condition exists.