Procurement During Emergencies VPPA

February 7, 2012  //  

 

Emergency Contracts

  • The Commonwealth of Virginia has “pre-negotiated contracts” for commodities, goods, services, debris management, etc for use by state agencies and localities during emergency events.  Criteria for use is outlined in the contract information.
  •  Vendors under this contract CAN BE USED for daily resource support with the understanding that rates/costs etc. may differ. 
  • In the event that a “contract” is utilized; please notify the State EOC with the details at 804-674-2400

To view the Emergency Services Contracts Reference Guide CLICK HERE.

 

To view the Emergency Services Contracts go to VDEM’s Procurement web page.

 

3 Most Important Rules of Procurement for an Emergency Manager

 

1. Documentation

  • Be exhaustive when it comes to documenting your procurement activities and be prepared to provide an explanation of why you made purchases and how they were made

2. Accuracy

  • Make sure what you ask for, what you paid for, and what you document as a cost is the same – “Dot your I’s and cross your T’s”

3. Use your Procurement “experts”

  • Finance/Procurement Staff will not lead you astray and will protect you from making a purchasing mistake

 

 

VPPA

The Virginia Public Procurement Act (VPPA) applies generally to every “public body” in the Commonwealth, which § 2.2-4301 of the Code of Virginia defines to include “any legislative, executive, or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty.…”

In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The public body shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body.  Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities. 

 

APSPM

All State Agencies and Institutions of higher education shall comply with the Agency Purchasing and Surplus Property Manual (APSPM) as stated below.

 

DGS/DPS Authority and ResponsibilityThe Department of General Services, Division of Purchases and Supply (DGS/DPS). DGS/DPS is the centralized purchasing agency for materials, supplies, equipment, printing, and nonprofessional services required by any state agency or institution.  All such purchases made by any department, division, officer or agency of the Commonwealth shall be made in accordance with the Code of Virginia, Chapter 43, Title 2.2, and such rules and regulations as DGS/DPS may prescribe.  Intentional violations of the centralized purchasing provisions of this article by any using agency, continued after notice from the Governor to desist, shall constitute malfeasance in office, and shall subject the officer responsible for violation to suspension or removal from office, as may be provided by law in other cases of malfeasance (Code of Virginia, § 2.2-1115 E.).  The Comptroller shall not issue any warrant upon any voucher issued by any using agency covering the purchase of any material, equipment or supplies, when such purchases are made in violation of any provision of this article (Code of Virginia, § 2.2-1115 D.).  Contracts awarded in violation of the VPPA are voidable.  Contracts signed by individuals without authority to do so are void from the beginning.  Individuals awarding contracts without the authority to do so may be held personally liable for payment to the contractor. 

DGS/DPS has the authority to make, alter, amend or repeal regulations relating to the purchase of materials, supplies, equipment, nonprofessional services, and printing, and may specifically exempt particular agency purchases below a stated amount, or specific materials, equipment, nonprofessional services, supplies, or printing (Code of Virginia, § 2.2-1111).

General.  An emergency is an occurrence of a serious and urgent nature that demands immediate action.  Emergency procedures may be used to purchase only that which is necessary to cover the requirements of the emergency.  Subsequent requirements shall be obtained using normal purchasing procedures.  The potential loss of funds at the end of a fiscal year is not considered an emergency.

Types of Emergency Procurements.  The nature of the emergency will determine what pre-award action may be taken:

a.     For an emergency purchase required to protect personal safety or property, efforts should be directed to finding a source and directing the contractor to proceed; however, such procurement shall be made with such competition as is practicable under the circumstances (Code of Virginia, § 2.2-4303F).  This does not relieve the agency from negotiating a fair and reasonable price and subsequently documenting the procurement action.

 

b.     For other types of emergencies, competition should also be sought to the maximum extent practicable.  Vendor’s qualifications may be checked and verification of insurance coverage, if applicable, information on warranty offered, and any other data pertinent to the procurement.  An agency may procure materials, equipment or supplies above its delegated authority with the advance written approval of DGS/DPS without requisitioning through DGS/DPS.  The Procurement Exemption Request form in Annex 13-D should be used for this purpose.

Emergency Planning.  In many cases, procurement planning can reduce the need for using emergency procedures.  Each agency should prepare and keep current a list of local sources of goods and services that might be needed in an emergency.  Information on rates and charges should be established and agreed upon in advance.  In addition, “on call,” “as needed” annual contracts for various services may be competitively bid to expedite action, ensure adequate support, and reduce the cost of meeting emergency requirements.

The number one take-away for an Emergency Management Official is to always get your procurement officials involved in the emergency management process. 

 

eVA

eVA is a web-based purchasing system used by Virginia. State agencies and many local governments use eVA to announce bid opportunities, invite bidders, receive quotes, and place orders for goods and services. Click Here to be taken to the eVA home page.

 

For more information on procurement during emergencies contact Duane Sheppard VDEM’s Buyer Senior at Duane.Sheppard@vdem.virginia.gov

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