Claim Submission Guidance

October 11, 2002

The UST Board Regulations (503 CMR 2.00) establish procedures to be followed whenever a Claimant obtains bids for work not covered by the Reimbursement Fee Schedule (Appendix 3). Additionally, the Reimbursement Fee Schedule allows Claimants to bid certain Task Codes for work performed after July 1, 1997. [1]

The purpose of this Guidance Document is to clarify the procedural requirements that must be adhered to whenever a Claimant is involved in performing work that is subject to or required to be bid.

1. For activities not covered by the Reimbursement Fee Schedule or items that may be bid under the Reimbursement Fee Schedule, a Claimant shall contact at least three independent contractors for purposes of obtaining bids for identical services. The Claimant shall provide documentation, which confirms that at least three independent contractors were contacted [2] unless;

2. The time required to obtain bids, would endanger the environment, the health and safety of the public, prevent or delay the use of innovative technologies or otherwise halt the Response Action. [3]

[1] Reimbursement Fee Schedule Task Codes 18.3, 21, 22, 23.10

[2] Documentation shall include any combination of copies of the certified mail return receipts, delivery confirmations, facsimile confirmations, vendor proposal letter(s), or vendor letter(s) declining to bid.

[3] Claimants shall provide a detailed explanation and documentation in support of performing work without soliciting bids. The explanation and documentation shall be evaluated independently by the MGL c21J Program to determine whether conformance with 503 CMR 2.11(3)(b)(2) has been satisfied. Charges may be denied if the MGL c21J Program determines that the requirements of 503 CMR 2.11(3)(b)(2) have not been satisfied.