Emergency procurements are permissible when the head of the purchasing agency determines that a threat to public health, safety and welfare or circumstances outside the control of the agency create an urgency of need which necessitates the suspension of normal bidding requirements. The Presidents are the heads of purchasing for each university, as delegated by the Chancellor. The Presidents, in turn, may delegate their authority to an administrator on campus.
When possible, Act 57 looks to securing two bids. There is no requirement that these bids be in writing under these circumstances. However, a written determination of the basis for the emergency and for the selection of the contractor must be included in the contract file and sent in the form of a certification when the contract is submitted for legal review. If University Legal Counsel does not agree with the substantiation of the emergency procurement or should the certification of emergency procurement not be forwarded with the contract, the contract will be rejected. Contracts will still require the signature of the Office of Attorney General and, if warranted, the Office of General Counsel.