Declaration of Emergency

The State of Alabama Bid Law includes the following statements regarding the "letting of contracts without public advertisement authorized in case of emergencies affecting public health, safety, etc.":

41-16-23 In case of emergency affecting public health, safety or convenience, so declared in writing by the head of the institution or state agency involved, setting forth the nature of the danger to public health, safety or convenience involved in delay, contracts may be let to the extent necessary to meet the emergency without public advertisement. Such action and the reasons therefore shall immediately be made public by the awarding authority. (Acts 1957, No. 343, p. 452, d 7.)

Procedure:
1. The appropriate personnel in the funding department must enter an electronic requisition for the emergency repair, replacement part, etc.

2. A memorandum from the Department Head explaining the nature of the emergency and why and/or how a delay could potentially effect the public health, safety or convenience must be sent to the appropriate buyer with the requisition number in the top left corner. Written quotations should also be submitted with the memorandum.

3. A Purchasing Manager or Assistant Purchasing Manager will prepare a request for declaration of emergency to University Counsel. Prior to placing an order, the Purchasing Department must receive

a) response from Legal Counsel indicating whether or not the situation described is considered exempt from the competitive bid process, and

b) a memorandum from the President of the University declaring the situation an emergency affecting public health, safety or convenience.