Emergency Rush Order Process
Emergency Purchase Order
Emergency procurements are permissible if the public health, safety and welfare are at risk or circumstances outside the control of the agency create an urgency of need which necessitates the suspension of normal bidding and review requirements. In an emergency procurement, the contract is submitted after the procurement is completed. It is only under these circumstances where an after-the-fact contract will be accepted. Under no circumstances will poor planning constitute an emergency.
When possible, Act 57 looks to secure at least two (2) bids in the event of an emergency procurement. There is no requirement that bids be in writing under these circumstances and no advertisement is necessary due to the exigent circumstances. However, a written determination of 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 after the work is completed. 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 the Attorney General and, if warranted, the Office of the General Counsel, who reserve the right to reject the contract for failure to meet the emergency classification. A form certification for emergency procurement is found in Appendix T of this manual and in an electronic format at:
It is recommended that the emergency certification and draft contract be faxed to university legal counsel for preliminary review prior to commencing work, if possible, to maximize the likelihood that the contract will be approved. At a minimum, telephoning legal counsel to discuss the matter would be prudent and highly recommended.