Emergency Waiver Request

IN QUALIFYING EMERGENCY SITUATIONS CERTAIN PUBLIC CONSTRUCTION PROCUREMENT LAWS MAY BE WAIVED UNDER

G.L. c.149, §44A(4) AND/OR THE ADVERTISING REQUIREMENTS MAY BE WAIVED UNDER G.L. c.149, §44J(6). UNDER THESE LAWS PUBLIC AWARDING AUTHORITIES SEEKING AN EMERGENCY WAIVER MUST RECEIVE WRITTEN APPROVAL FROM THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE (DCAMM).

PUBLIC AWARDING AUTHORITIES REQUESTING AN EMERGENCY WAIVER SHOULD:

Send an e-mail with Emergency Waiver letter request attached to: emergencywaivers.dcamm@state.ma.us

Address Letter to:   Adam Baacke, Commissioner
Division of Capital Asset Management and Maintenance One Ashburton Place, 15^th Floor
Boston, MA 02108
Attn: Office of General Counsel

The letter should be on official letterhead, signed, and contain a detailed explanation of the following:

1. Whether the awarding authority is seeking a waiver of the bidding requirements of G.L. c.149, §44A(4), and/or the advertising requirements of G.L. c.149, §44J(6);
2. The nature of the extreme emergency and how it creates an immediate threat to the health or safety of people or property;
3. How and when (date) the awarding authority became aware of the emergency situation;
4. The proposed scope of work necessary to preserve the health or safety of persons or property for which the awarding authority is seeking an emergency waiver – include a statement that the scope of work described is the minimum work necessary to alleviate the emergency;
5. Why the time requirements involved in the standard bidding process will not suffice;
6. To the extent a bid solicitation process is possible, explain that process to be used (maximizing competition - minimum 3 competitive prices); if a bid solicitation process is not possible or cannot meet the minimum standard, then explain why.
7. The approximate dollar value of the emergency scope of work; and
8. A statement that the awarding authority acknowledges that the prevailing wage law (all projects), bonding requirements (all projects over $25,000) and the DCAMM contractor certification requirements (building projects over $150,000) apply to emergency projects.

Please attach relevant information such as letters, reports, orders, or other supportive documentation from expert consultants and local or state officials, if any. You will be notified before the end of the next business day whether the request is approved, denied or requires additional information. Please note that when Emergency Waivers are granted, awarding authorities must nevertheless comply with prevailing wage, bonding and DCAMM contractor certification requirements.

For questions, please contact: