In case of emergencies caused by fire, water, or wind/tornadoes, what steps should state agencies, public universities, Alabama Community College System (ACCS)
projects with Notices-To-Proceed issued prior to August 1, 2021, and K-12 schools follow?
- Address the immediate crisis.
- Call the insurance carrier.
- Declare an emergency.
- Secure the services of an architect or engineer.
- Solicit at least three contractors’ proposals.
Step 1: Address the Immediate Crisis
Property owners may contact a licensed and insured contractor without advertisement for bids (a written quote must still be
secured) only to address the immediate crisis which typically involves sealing the building, drying it out and securing the
area. This work is limited to stopping damage to assets and securing the area for the health and safety of the public.
Owners may authorize such work through a Purchase Order/Priority Authorization (in which case the policies and procedures
established by the Alabama Department of Finance-Division of Purchasing must be followed) or other contracting means
available to the owner.
Step 2: Call the Insurance Carrier
After contacting a contractor to address the immediate crisis, promptly call the owner's insurance carrier. If the carrier is the Alabama
Division of Risk Management (DRM), call 334-223-6146 to report a property claim, and include the DRM claim # on O/A Agreements and B-1 transmittals.
Step 3: Declare an Emergency
- All owner entities except ACCS: Regardless of the declaration method, the Division of Construction Management (DCM) must be informed of a Declaration of Emergency as soon as possible in
order for DCM to correctly administer a declared emergency project.
- K-12 public schools: The local Board of Education’s Declaration of Emergency, such as Board meeting minutes, must be sent to DCM Director Lee Desmond at
- Owners except K-12: First determine which of the following Sections of the Code of Alabama,
1975, as amended, is applicable to the emergency: Sections 29-2-41.1, 39-2-2(e), 41-16-23 and/or 41-16-72(6). Each Section is defined on page 2 of the
Declaration of Emergency letter template - updated June 2022. The
letter template and procedures meet Code of Alabama requirements.
Declare an emergency by sending a letter to the Governor’s Office and emailing a copy of the letter to DCM Director Lee Desmond
at firstname.lastname@example.org. The letter
must be addressed to the Governor, and to the Attorney General if Section 41-16-72(6) is applicable, must reference
the applicable Sections of the Code of Alabama, must briefly describe the emergency affecting any of the following
applicable basis: public health, safety, security, convenience involved in delay and/or economic welfare of the State,
must note the intent to secure a design professional, or note the name of the Architectural/Engineering firm if one has already
been selected, must note the intent to solicit construction proposals for repair and/or replacement, and must include the
Governor's Approval signature space.
Step 4: Secure the Services of an Architect or Engineer
An emergency declaration allows owners to legally secure the services of an Architect or Engineer (design professional) without a request for qualifications.
The design professional will assess the site, recommend any actions to prevent further damage and may also issue plans and specifications to repair damaged areas
and replace equipment. Such services require the issuance of an Agreement Between Owner and Architect (O/A Agreement) for
the design professional to be paid. The agreement must be limited to addressing the immediate crisis, and repair and/or
replacement work in order to meet the em1ergency and cannot go beyond the scope of such work. The Owner's Declaration of Emergency must be attached to the O/A Agreement.
O/A Agreements for fully locally-funded K-12 emergency projects must be submitted to the Alabama State Department of Education (SDE), LEA Auxiliary Services, School
Facilities’ office for review. O/A Agreements and Amendments for State Agencies and PSCA-funded
emergency projects (including ACCS projects with Notices-To-Proceed issued prior to August 1, 2021) must be submitted to DCM for review.
The following additional terms are applicable only to state agencies whose professional services contracts are reviewed
by Contract Review Permanent Legislative Oversight Committee:
- If the emergency is based on public health or safety, a contract may be let for the time period necessary to alleviate the emergency without Legislative Oversight Committee review.
- Contracts based upon economic welfare emergencies that last 60 days or less do not require Legislative Oversight Committee review.
- Contracts based upon economic welfare emergencies lasting more than 60 days must be reviewed by Legislative Oversight Committee.
- Emergency contracts based on “convenience” may be let for the time period necessary to alleviate the emergency but must be reviewed by Legislative Oversight Committee regardless
of the duration of the contract.
Note: Any construction which affects code compliance beyond addressing the immediate crisis requires plans and
specifications to be issued by a duly licensed Architect or Engineer; such plans and specifications must be submitted to
DCM for plan review.
Step 5: Solicit at Least Three Contractors’ Proposals
An emergency declaration allows owners and design professionals to legally solicit proposals from at least three different contractors for any repair and/or replacement work,
without advertisement for bid. When bids are solicited without advertisement, include the Owner’s Declaration of Emergency and an Invitation to Bid
(see DCM Form C-1A: Sample Invitation To Bid) instead of the Advertisement For Bids in any project manual.
Documentation must show a minimum of three proposals were sought even if a lesser number respond; a tabulation of bids must be issued. Repair and/or
replacement work requires the issuance of a construction contract for a contractor to be paid. Designers
shall attach the bid tab and the Owner's Declaration of Emergency to the prepared construction contract documents. Contracts for state agencies and
PSCA-funded emergency projects (including ACCS projects with Notices-To-Proceed issued prior to August 1, 2021) must be submitted to DCM for review. Contracts for fully locally-funded K-12 emergency projects must be submitted
to the SDE LEA Auxiliary Services, School Facilities’ office for review. The contract must be limited to repair and/or replacement work in
order to meet the emergency and cannot go beyond the scope of such work.
- When a declared-emergency project is within DCM's jurisdiction the only exceptions to normal project requirements are the request for qualifications
of design professionals and the advertisement for bids. All other project requirements in the DCM Manual of Procedures must be met; for example,
if a declared emergency project is over $50,000.00, sealed proposals are required and must be publicly opened and read.
- All repair and/or replacement plans and specifications with code compliance items for state agencies,
PSCA-funded projects (including ACCS projects with Notices-To-Proceed issued prior to August 1, 2021) and all public and private K-12 projects are submitted to DCM for plan review which
requires payment of plan review fees. O/A Agreements and contracts for state agencies and
PSCA-funded projects (including ACCS projects with Notices-To-Proceed issued prior to August 1, 2021) are submitted to DCM for review which requires payment of contract document administration fees.
Repair and/or replacement work for state agencies, PSCA-funded projects (including ACCS projects with Notices-To-Proceed issued prior to August 1, 2021) and locally-funded K-12 projects
requires a DCM Inspector-facilitated pre-construction conference, and the construction is inspected by DCM
Inspectors; such services require payment of the permit fee. See DCM Manual of Procedures,
Forms and User Fees.
- A Sales and Use Tax Certificate of Exemption for a Government Entity Project administered by the Alabama Department of
Revenue must be acquired separately by the Owner, General Contractor and Subcontractors per Act 2013-205 for each government entity owned project. The only projects under DCM's
jurisdiction to which this does not apply are privately owned hotels/motels and movie theaters.
- For further guidance see Code of Alabama,
1975, as amended, Sections 29-2-41.1, 39-2-2(e), 41-16-23, and 41-16-72(6), and/or contact DCM staff.