Emergency Procurement Contracts: Complete Guide for Construction Contractors 2025
Master emergency procurement contracts in construction. Learn qualifying conditions, expedited procedures, documentation requirements, and strategies for disaster response contracting.
Emergency Procurement Overview
Emergency Contracting Facts
Response Time:
24-72 hrs
Typical mobilization
Competition:
Limited
Often sole source
Payment Terms:
Expedited
Cost-plus typical
Emergency procurement allows government agencies to bypass normal competitive bidding requirements to address immediate threats to public health, safety, or property. These contracts offer unique opportunities for prepared contractors but require specialized capabilities and compliance.
Natural Disasters
- • Earthquake damage repair
- • Flood response and recovery
- • Wildfire restoration
- • Hurricane/storm damage
- • Landslide mitigation
Infrastructure Failures
- • Bridge/road collapse
- • Water main breaks
- • Power grid failures
- • Building structural issues
- • Sewer system failures
Qualifying Conditions
Federal (FAR 6.302-2)
- • Unusual and compelling urgency
- • Government would be seriously injured
- • Cannot wait for competition
- • Written justification required
California (Public Contract Code §22050)
- • Emergency directly affects public health/safety
- • Board resolution or 4/5 vote required
- • Work limited to emergency scope
- • Reporting within 7 days
Who Can Declare:
- • President (federal)
- • Governor (state)
- • County executives
- • City managers/mayors
- • Agency directors
Duration Limits:
- • Federal: 1 year typical
- • State: 180 days
- • Local: 60-90 days
- • Extensions possible
- • Regular review required
Procurement Procedures
Emergency Declaration
Initial assessment and declaration
Contractor Notification
Contact pre-qualified contractors
Contract Award
Verbal or letter authorization
Mobilization
Begin emergency work
Formal Contract
Written contract execution
Common Contract Types
- • Time & Materials (T&M) - Most common
- • Cost-Plus-Fixed-Fee (CPFF)
- • Indefinite Delivery/Indefinite Quantity (IDIQ)
- • Unit price for debris removal
Payment Terms
- • Weekly or bi-weekly invoicing
- • Expedited payment (15-30 days)
- • Progress payments authorized
- • Reduced retainage (0-5%)
Finding Emergency Opportunities
- Register with agency emergency lists
- Obtain FEMA contractor registration
- Join state emergency registries
- Establish IDIQ contracts
- Maintain current capabilities statement
- FEMA: Registration in SAM.gov
- CalOES: California emergency registry
- USACE: Army Corps contractors
- GSA: Schedule contracts
- Local: County/city emergency lists
Resources
- • 24/7 response capability
- • Equipment availability
- • Skilled workforce
- • Material suppliers
Financial
- • Working capital
- • Bonding capacity
- • Insurance coverage
- • Credit lines
Administrative
- • Documentation systems
- • Cost tracking
- • Compliance expertise
- • Project management
Best Practices
Critical for cost reimbursement and audits:
- ✓ Detailed daily reports with photos
- ✓ Time sheets for all personnel
- ✓ Equipment usage logs
- ✓ Material delivery tickets
- ✓ Subcontractor invoices
- ✓ Change order documentation
- ✓ Safety incident reports
- ✓ Environmental compliance records
- • Maintain emergency response plan
- • Pre-negotiate subcontractor agreements
- • Stockpile critical materials
- • Train staff on emergency procedures
- • Build agency relationships
- • Ensure 24/7 contact availability
- • Inadequate documentation
- • Scope creep beyond emergency
- • Delayed cost submissions
- • Non-compliant rates/markups
- • Poor subcontractor management
- • Safety violations under pressure
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