OGS Design & Construction awards approximately 325 emergency contracts annually in accordance with Public Buildings Law Section 9. Bids for emergency contracts may be taken over the phone and require an immediate response and performance of the work. Emergency contracts are of short duration and are usually awarded on a cost-plus basis, typically for $300,000 or less. In extraordinary circumstances, contracts shall not exceed $1,500,000.
The Public Buildings Law requires D&C to establish and maintain a list of contractors who are interested in bidding for emergency work. The list is organized by trade interest and geographical area. Contractors who are interested in being placed on the list must satisfy the Emergency Contractor Bidders List Requirements.
Bids for emergency projects are solicited on a rotational basis. When an emergency occurs, bids are solicited by phone and require an immediate response. The selected contractor must be able to commence work within four (4) hours of the "Notice to Proceed."
It is the policy of the state and the Office of General Services to encourage Minority and Women's Business Enterprise (MWBE) participation in the Emergency Program.
Your firm is required to acknowledge the following response requirements and provide and/or verify any information that you provide. Failure to comply with any of the listed requirements may result in your firm not being included on the Emergency Contract Bidders list.
- Within four (4) hours of a “Notice to Proceed” your firm must be capable of being on-site with the necessary workforce, equipment and material to alleviate an emergency condition at any State facility in the counties selected on the BDC 321 - Emergency Contract Information Form.
- Your firm must be actively engaged and capable in the work of the trades selected on the BDC 321 - Emergency Contract Information Form. Your firm must be capable of self-performing the majority of work listed in the definition for each trade selected.
- Your firm must have equipment that is necessary to perform the work listed in the definition for each trade selected.
- Your firm must provide on-site supervision and project management as required by the contract General Conditions.
- Your firm is expected to be responsive to all emergency contract solicitations. Three (3) consecutive “no bid” or “no responses” may result in removal from the list.
- Your firm is required to perform the work immediately upon receipt of a “Notice to Proceed.” The State will progress the contract agreement to award as quickly as possible.
How to Get Added to the List
To be added to the Emergency Contractor List, you must submit the following:
- BDC 321 - Emergency Contractor Information Form (ECIF)
- CCA-2 - NYS Vendor Responsibility Questionnaire For-Profit Construction: The CCA-2 Questionnaire should be completed and certified electronically via the NYS Office of the State Comptroller (OSC) website. Submit to OGS a copy of the printout of the certification page from OSC Online Services (shows company name, certifier name, and title, and date of certification).
- Insurance certificates - If these are not already on file with D&C, send insurance certificates showing proof of current Workers' Compensation and statutory NYS Disability Benefits coverage. These may be obtained from your insurance agent or carrier.
A scanned copy of your submission package (including items 1, 2b, and 3 above) should be emailed to [email protected]. Additionally, a signed and notarized original of the BDC321 should be mailed separately to the following address:
Design & Construction Group
Division of Contract Management - Contract Awards
35th Floor, Corning Tower
Empire State Plaza
Albany, NY 12242
Updated May 29, 2019
Updated June 24, 2020
Updated June 24, 2020
This is a link to the OSC website.