Emergency Contracting

Section 1150 Section 1150.500  Emergency Contracting a)         Waiver of Bidding Procedures When any abandoned mine condition involves a danger to public health and safety and cannot await abatement under normal program procedures, the Department shall waive the prequalification and bidding procedures of Section 1150.300 and the Department shall enter into construction contracts for abatement of the dangerous condition pursuant to the provisions of this Subpart. b)         Use of Prequalified Contractors 1)         The Department shall maintain a list, revised at least annually, of contractors who are prequalified with the Department of Transportation for the type of construction work encountered in AML Emergency reclamation projects.  The list shall also include Contractors who have demonstrated responsibility and competence through past performance on AML Emergency reclamation projects.  Listed contractors shall be used on all projects unless: A)        the particular construction activity involved is not of a type normally performed by the listed Contractors; or B)        listed contractors cannot be contacted within a reasonable time; or C)        listed contractors are not available to begin work within a reasonable time. 2)         What constitutes a "reasonable time" shall be determined by the severity of the emergency or dangerous condition, and the cost of temporary protective measures. 3)         When listed contractors cannot be used, the Department may use any responsible contractor who appears to be qualified based upon the contractor's reputation, experience, and available equipment. c)         Obtaining Bids 1)         When the full bidding procedures of Section 1150.300 will not be utilized, the Department shall attempt to contact at least three available contractors to request proposals.  The three contractors to be contacted shall be selected based upon proximity to the project, past experience, expertise and available equipment and manpower. 2)         When inspection of the site conditions is necessary to understand the detail or complexity of the project, or when requested by a contractor, a pre-bid meeting may be held for interested contractors where the project will be explained and proposal documents distributed.  The pre-bid meeting shall be held at the project site whenever possible. 3)         Interested contractors shall submit their proposals on the provided bid documents. d)         Contents of Proposal Documents 1)         When full bidding procedures will not be utilized, the proposal documents will include: A)        The unsigned agreement, and all attachments thereto, B)        Plans, specifications, and any supplemental specifications, and C)        The itemized bid form to be filled out by the Contractor. 2)         The itemized bid form shall become the Contractor's proposal upon completion and execution by the Contractor. e)         Award and Execution of Contract The contract shall be awarded to the lowest responsible bidder considering conformity with specifications, availability for work and suitability of equipment.