|(a) Applicability. The urgent and critical process
described in this section may be used when the executive director
certifies in writing that an urgent and critical need exists that
cannot otherwise be met, that there is sufficient objective reason
to believe that a specific provider is the most qualified to perform
these architectural, engineering or survey services based on that
provider's demonstrated competence and qualifications, and that federal
funds will not be involved in the contract. An urgent and critical
need, is a circumstance that does not rise to the level of an emergency
situation as described in §9.38 of this subchapter (relating
to Emergency Contract Process), but does expose the department to
an undue additional cost, that unless promptly addressed could escalate
to an emergency situation.
(b) Administrative qualification. Providers under this
section are subject to §9.34(b) of this subchapter (relating
to Non-federal Process).
(1) After an urgent and critical need has been identified
the department will review its list of pre-certified firms and survey
available information to identify firms that are most qualified to
perform the work needed to resolve the urgent and critical need.
(2) The executive director will determine whether there
is sufficient information to determine that one provider is objectively
the most qualified to perform this work.
(3) If information is not sufficiently available for
the executive director to make this determination, the department
may follow the process described in §9.38(c) and (d) of this
subchapter to identify the most qualified firm.