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Emergency Contracts

Caltrans uses emergency contracts when services or goods are needed to immediately respond to "a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services" as provided by Public Contract Code Section 1102.

When time is of the essence to reopen a roadway or facility, or the need to prevent imminent failure exists an emergency contract is allowed. The Division of Procurement and Contracts (DPAC) prepares and executes these service contracts. Upon Caltrans approvals on the Emergency Force Account Agreements, Form ADM-4043EFA, or Emergency Limited Bid Force Account Agreements, Form ADM-4043ELB, the contractor may begin work.

Emergency Force Account (EFA) contracts are used to obtain labor, materials, and equipment at direct cost plus prescribed markup for emergencies requiring immediate action because of road closure or danger to public safety. An example of an EFA contract is the repair of a highway section washed away by a mudslide. EFA contracts do not require bids.

Emergency Limited Bid (ELB) contracts are a modified type of force account contract that include a competitive bidding element. ELB method of contracting generally is used for permanent restoration emergency work and occasionally for emergency opening work. These contracts are used for emergency work that is urgent, but stable. ELB contracts require bids from at least three contractors. Contractors compete based on markup rates of the prime contractor's labor, equipment rental and materials. An example of an ELB contract would be the repair of a state building's roof leak.

Caltrans Districts obtain the required approvals for emergency work and select contractors to perform emergency work under EFA and ELB contracts. Contractor selection is based on several factors such as, proper licensing and registrations, ability, proximity to the damage, willingness to mobilize quickly, or by lowest bid. Caltrans maintains a list of potential contractors available for emergency work. Contractors may register their firm on the Caltrans Contractor Registry.

 

Below are applicable documents for State and/or Federal funding requirements: