|(a) Applicability. The emergency contract process described
in this section may be used when the executive director or the executive
director's designee certifies in writing that an emergency situation,
including a safety hazard, a substantial disruption of the orderly
flow of traffic and commerce, or a risk of substantial financial loss
to the department, exists, and that an architectural, engineering,
or surveying services contract is needed to address the situation.
(b) Administrative qualification. If the emergency
contract is an engineering or design related services contract directly
related to a highway construction project and reimbursed with federal-aid
highway program (FAHP) funding, a provider must be administratively
qualified to compete for the contract, and §9.34(b)(2)-(6) of
this subchapter (relating to Non-federal Process) applies to this
section. If the contract is not such a contract, a provider need not
be administratively qualified to compete for the contract, and §9.34(b)
of this subchapter applies to this section.
(1) After an emergency is certified, the department
will review its list of precertified firms. If there are a sufficient
number of firms, the department will notify at least three of these
(2) The department will inform the firms of the nature
of the emergency and will provide the firms with the specifications
for the remedy.
(d) Evaluation and selection. The department will evaluate
each firm's qualifications and select the best qualified firm to perform