Section 9.39 - Urgent and Critical Process(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).(c) 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.43 Tex. Admin. Code § 9.39
The provisions of this §9.39 adopted to be effective October 17, 2013, 38 TexReg 7122; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7807, eff. 11/17/2021