More about:

Emergency Waiver Request

For public awarding authorities wishing to submit an emergency waiver request to the Division of Capital Asset Management and Maintenance (DCAMM) for construction procurement.

DCAMM Emergency Waiver Requests

The Details

What you need

IN QUALIFYING EMERGENCY SITUATIONS, CERTAIN PUBLIC CONSTRUCTION PROCUREMENT LAWS MAY BE WAIVED UNDER G.L. c. 149, §44(A)(4) OR THE ADVERTISING REQUIREMENTS MAY BE WAIVED UNDER G.L. c. 149, §44(J)(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) BEFORE WORK COMMENCES UNLESS THE URGENCY OF THE SITUATION PRECLUDES RECEIVING DCAMM’S PRIOR APPROVAL.  IN ANY CASE, PLEASE CONTACT DCAMM IMMEDIATELY

Emergency Waiver Request (EWR) Letter

Emergency Waiver Requests (EWR) should be submitted by letter on official agency or municipality letterhead and signed by an authorized official. The letter must address each and every one of the following items in detail. Failure to do so may result in a delay in processing the request while missing information is obtained by DCAMM.

  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 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 the process to be used (maximizing competition - minimum 3 competitive prices); if a bid solicitation process is not possible or cannot meet the minimum standard, 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 supportive documentation and relevant information such as letters, reports, and orders 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 (when applicable) requirements.

 

How to submit

Send Emergency Waiver Request Letter by e-mail to emergencywaivers.dcamm@state.ma.us.

Please note, when you send your EWR to this email address, it is not necessary to mail DCAMM a hardcopy.

If you have no access to a computer or e-mail, you may fax the letter to (617) 727-5363 and mail a hardcopy to:

Carol Gladstone, Commissioner
Division of Capital Asset Management and Maintenance
One Ashburton Place, 15th Floor
Boston, MA  02108
Attn:  Office of General Counsel

More info

For questions, please contact:

George M. Matthews, Deputy General Counsel

(617) 727-4050 Ext. 31385

Susan M. Goldfischer, Deputy General Counsel

(617) 727-4050 Ext. 31389

Rita C. Mercado, Deputy General Counsel

(617) 727-4050 Ext. 31303

Beth Eromin, Deputy General Counsel

(617) 727-4050 Ext. 31219

Freya Bernstein, Deputy General Counsel

(617) 727-4050 Ext. 31318

Pete Wilson, Deputy General Counsel

(617) 727-4050 Ext. 31382

Please note:

Emergency snow removal work does not qualify for an emergency waiver under G.L. c. 149 § 44A.

Contact

Address

1 Ashburton Place, 15th floor, Boston, MA 02108

Phone

Online

Feedback

Tell us what you think