Emergency Contracting Procedures

California Public Contract Code Division 2, Part 3, Chapter 2.5 concerns emergency contracting procedures when contracting occurs by local agencies.

Section 22050 provides that, in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

Before a governing body takes any action, it is required to make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified. 

If the governing body orders any action, the governing body must review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets weekly, it may review the emergency action.

When the governing body reviews the emergency action, it terminates the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. The term “public agency” is defined. This section applies only to emergency action taken pursuant to specifies code sections.