The Broward schools superintendent has declared an emergency for the district’s troubled construction program, writing in a memo that a potential lapse in management could create a risk of school closures and possibly even “injury or death.”

Superintendent Howard Hepburn’s determination on Thursday of “exigent emergency circumstances” comes after an audit found the district flubbed a competitive bidding process to secure companies to oversee its large-scale construction program.

The emergency declaration will allow the district to continue using the services of its current construction program manager, AECOM, whose services would otherwise expire on Jan. 17, district lawyers have said.

“Upon expiration, oversight ceases,” Hepburn wrote in his memo to School Board members. “No authorized entity will manage installation, testing, or closeout of systems that prevent fire spread, ensure evacuation, and keep schools occupiable. Every day without oversight increases danger. Time lost equals heightened risk.”

The district still plans to seek competitive bids, but that process takes about six to eight months, so a short-term agreement with AECOM is needed in the interim, officials said.

AECOM oversees 166 active capital projects, or about $1.27 billion in work, Hepburn said. This includes life-safety systems “essential for lawful occupancy,” including fire alarms and sprinklers, egress and emergency lighting, emergency power, smoke control, high-hazard protections, ventilation and kitchen hood suppression.

“Stopping or slowing oversight now puts people at risk — students, staff, visitors — today,” Hepburn wrote. He used dire terms to describe the potential consequences.

— Life-safety systems may stall, fail inspection or remain inoperable, “which creates a risk of injury or death.”

— Permits that allow building occupancy can be suspended or revoked, “forcing school closures and instructional disruption.”

— Active construction sites can become uncontrolled, “raising accident risk and exposing the District to liability.”

— The district could face sanctions due to regulatory noncompliance.

“These are not hypothetical risks. They are imminent,” Hepburn wrote. “Delaying to obtain multiple prices prolongs exposure and magnifies harm.”

The emergency declaration follows a failed procurement effort by district staff. The terms of the district’s 5½-year contract with AECOM do not allow for renewal under normal circumstances, and the district had to seek competitive bids, district lawyers told School Board members earlier this year.

The district put the services out to bid in August, but the solicitation contained provisions that may have violated district policies and state laws and discouraged competition, an internal audit released last week found.

As a result, Hepburn recommended the School Board reject all bids at a meeting on Tuesday, and he told members he planned to use the emergency procurement option.

It’s the latest in a long list of problems with the district’s construction program, which has been the subject of four grand jury reports since the 1990s.

The most recent report, completed in 2021, blasted the execution of an $800 million bond referendum that voters approved in 2014.

The program has been riddled with delays, cost overruns and lawsuits. A grand jury report released in 2021 concluded that mismanagement of the bond was so egregious that some School Board members should be removed. Gov. Ron DeSantis removed and replaced four in 2022.

Several School Board members said Tuesday that they were angry the district had to declare an emergency for more district-created problems.

“This was a self-inflicted wound, and it’s a very, very serious one, and it is time for people to be held accountable,” Board member Allen Zeman said Tuesday.

Hepburn told the School Board on Tuesday that he’s still reviewing the report but is planning “accountability measures for any staff that I need to hold accountable.”