Section 4: Emergency Contracts
Anchor: #i1005336Authority for Expediting Emergency Contracts
Section 223.102 of the Texas Transportation Code authorizes the department to promulgate rules for the expedited award of emergency contracts. The rules outlining emergency contract procedures published at Title 43, Texas Administrative Code, Chapter 9.
Anchor: #i1005348Certification of Emergency
When a district desires to let an emergency contract, the district engineer determines the need. The district engineer must immediately notify the Deputy Executive Director and request certification of the emergency. The Deputy Executive Director must certify the emergency in writing before an emergency contract can be awarded.
Anchor: #i1005358Awarding of Contract
After the emergency is certified, the district engineer solicits bids and awards the contract to the best or lowest bidder. The district engineer has the authority to sign the contract on behalf of the department. This authority cannot be delegated further. The contract is prepared and executed no later than twenty-four hours after work begins. Detailed information about emergency contract procedures can be obtained from the Contracts for Emergency Work, Contract Procedure Manual.
No later than twenty-four hours after the contract is awarded, the district engineer informs the Deputy Executive Director of the award though the Maintenance Division. The Deputy Executive Director then informs each member of the Commission that an emergency contract has been awarded and describes the details of the emergency conditions.
Anchor: #i1005376Process for Emergency Contracts
The following table outlines the emergency contract process.
|
Step |
Action |
|---|---|
| 1 |
Emergency conditions occur. |
| 2 |
District engineer determines that immediate action is needed to respond to imminent threat to life or property or to prevent disruption of the orderly flow of traffic and commerce. |
| 3 |
District engineer notifies Deputy Executive Director of the emergency condition and initiates procedures for the award of an emergency contract. |
| 4 |
Deputy Executive Director certifies in writing that an emergency exists. |
| 5 |
If possible, the district engineer contacts at least three eligible contractors and requests bids. |
| 6 |
District engineer awards contract to the best or lowest bidder and notifies other bidders of the award. |
| 7 |
Contract is executed no later than twenty-four hours after work begins. |
| 8 |
District engineer sends notice of award to the Maintenance Division for notification to the Deputy Executive Director. |
| 9 |
Deputy Executive Director provides each member of the Commission with details of the emergency condition and award of contract. |
| 10 |
District monitors performance under the contract, inspects and accepts completed work, authorizes final payment and closes out the contract. |