(a) Emergency. A Department Head may waive the requirements of this Chapter 25, in whole or in part, prior to the Controller's certification of the contract, where the contract is to be awarded under the emergency provisions of Administrative Code Section 6.60 and there is no immediately available contractor capable of performing the work in compliance with this Chapter 25.
(b) Performance Standards. A Department Head may waive the requirements of this Chapter 25, in whole or in part, prior to the solicitation of bids, where there are no complying off-road vehicles or off-road engines for some or all of the required work.
(c) Cost Prohibitive. A Department Head may waive the requirements of this Chapter 25, in whole or in part, prior to the solicitation of bids, where compliance would be cost prohibitive under the circumstances.
(d) Other. If for any other reason strict compliance with the requirements of this Chapter 25 is impractical or infeasible, the Department Head may waive the requirements, in whole or part, as to specific off-road equipment or off-road engines essential to complete the project, provided that such waivers for specific equipment or engines do not cumulatively exceed 25% of the total operating hours of all off-road equipment or off-road engines used on the project.
(e) Notices and Supporting Memoranda. For any waiver granted under this Section 2507, the Department Head shall within two business days prepare a written notice of the waiver and a written memorandum explaining the basis for the waiver and the steps that will be taken to safeguard public and City employee health during the noncomplying work. For waivers granted under Subsection (a), the memorandum shall also state the steps that the Department Head and the Contractor will take to reduce the likelihood that a similar emergency waiver will be required in the future. For waivers granted under Subsection (d), the memorandum shall also state the steps that the Department Head and the Contractor will take to minimize the use of noncomplying equipment or engines during the noncomplying work. The Department Head shall post a list of all waivers granted on the Department's website, as well as a notice that copies of the waiver notices and supporting memoranda prepared under this Subsection (e) are available from the Department.