Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7401 - Contract Administration › Chapter 02000 - Emergency Contracts › Purpose › Section 37-1-7401-02000-102

Current through June 25, 2024
The rule conforms to Sections
						31-7-13(j)
						and
						65-1-85
						of the
Mississippi Code of 1972 as amended
, Section
						635.104
Code of Federal Regulations as amended
and
The
						Federal Highway Administration Emergency Relief Manual as amended
. The
						Mississippi Department of Transportation reserves the right to alter this
						process according to the severity of the emergency.
1.
Emergency
emergencies must
					 involve an accident or unforeseen occurrence requiring immediate action and/or
					 represents a direct danger to the general public health and safety.
2.
Determination of Emergency
the District Engineer will notify the Executive Director that an emergency
					 condition exists.
3.
Declaration of Emergency
the Executive Director may declare the
					 project as an emergency, at his/her discretion.
4.
Preparation of Proposal
once
					 an emergency project is declared, a proposal will be prepared and such will be
					 submitted to Contract Administration.
5.
Distribution of Proposal
when
					 an emergency project proposal is received in Contract Administration, the
					 department will solicit bids from interested contractors. Proposals will be
					 distributed to those contractors showing interest in the project.
6.
Receipt of Bids and Bid
					 Opening
the department will, on the date noted in the proposal, receive
					 bids in the department and open such at the designated time. The normal bidding
					 procedures will apply at this time.
7.
Letting Process
the rule
					 conforms to Sec. 102
Mississippi Standard Specifications For Road and
					 Bridge Construction as amended
, Sec. 31-3-21 and Sec. 65-1-85 of the
Mississippi Code of 1972 as amended,
Title 23 Sec.
					 635.113
Code of Federal Regulation as amended
and Chapter VI
					 Section M (1.b.) of
The Federal Highway Administration Emergency Relief
					 Manual as amended.
Sealed proposals are received in accordance with
					 the terminology noted in the advertisement/Notice to Contractors. Sealed
					 proposals are opened and read in accordance with Section 635.113
Code of
					 Federal Regulations as amended
, however, irregularities (some noted in
					 Sec. 102.07
Mississippi Standard Specifications For Road and Bridge
					 Construction, as amended
and Title 23 Sec. 635.113
Code of
					 Federal Regulations as amended
and as noted in the
Federal
					 Highway Administrations Program Administration Contract Administration Core
					 Curriculum Participant's Manual and Reference Guide Section III
) in
					 the bid submitted by the contractor may result in the bid submission being
					 rejected. To avoid irregular bids, contractors should comply with the Bidder
					 Check List at the front of each proposal. Bid Bonds are required in accordance
					 with Sec. 102.08 of the
Mississippi Standard Specifications for Road
					 and Bridge Construction, as amended
.
8.
Award and Execution of
					 Contract
the basics of the rule conform to Sec. 103 of the
Mississippi Standard Specifications for Road and Bridge Construction as
					 amended
, Sec. 31-7-13 of the
Mississippi Code as
					 amended
and Title 23 Sec. 635.114
Code of Federal
					 Regulations
, and Title 23 Sec. 112
United States Code as
					 amended,
the
Federal Highway Administrations Program
					 Administration Contract Administration Core Curriculum Participant's Manual and
					 Reference Guide Section III-Part V
and as noted in
The Federal
					 Highway Administration Emergency Relief Manual as amended
. Emergency
					 jobs are awarded by the Executive Director with the Commission concurrence at
					 their next meeting. Once the Commission makes the award and concurrence from
					 Federal Highway Administration (if required) is obtained, the department will
					 mail notification of award. The Contractor receiving the award will receive
					 other documentation that is required to be executed and submitted back to the
					 department to analyze for completeness before a Notice to Proceed with
					 construction can be issued. If the documentation submitted back to the
					 department is appropriate and accurate, the contract will be executed by the
					 Executive Director, which is what actually makes a valid contract, and the
					 Contractor will be issued a Notice to Proceed with construction. Section 103.08
					 and 108.02 of the
Mississippi Standard Specifications for Road and
					 Bridge Construction as amended
, explains the consequences for the
					 contractor failing to execute and return said documents.