1. (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.
2. (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.

3. (c) Notification.

   1. (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 firms.
   2. (2) The department will inform the firms of the nature of the emergency and will provide the firms with the specifications for the remedy.
4. (d) Evaluation and selection. The department will evaluate each firm's qualifications and select the best qualified firm to perform the services.

Source Note:The provisions of this §9.38 adopted to be effective October 17, 2013, 38 TexReg 7122; amended to be effective November 17, 2021, 46 TexReg 7806.