Chapter NR 736
PUBLIC NOTICE, BIDDING AND AWARD OF ENVIRONMENTAL
CONSTRUCTION CONTRACTS
NR 736.07 Issuance of addenda.
NR 736.09 Submittal and receipt of bids.
NR 736.11 Withdrawal of bids.
NR 736.15 Rejection of bids.
NR 736.17 Award of contracts.
NR 736.01
NR 736.01
Purpose. The purpose of this chapter is to establish procedures for the department to implement the award of contracts for environmental construction contracts pursuant to s.
23.41, Stats. This chapter is adopted pursuant to ss.
227.11 (2),
289.06 (1) and
(2),
292.11,
292.31, and
292.41, Stats.
NR 736.01 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2000, No. 532;
CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13. NR 736.02
NR 736.02
Applicability. This chapter applies to the department's bidding and award of environmental construction contracts with estimated construction costs that exceed $60,000, which the department proposes to enter into for response actions taken under the authority of s.
292.11,
292.31, or
292.41, Stats.
NR 736.02 Note
Note: Small environmental construction projects, with an estimated construction cost of $60,000 or less, will be processed by the department using expedited procedures not set forth in this chapter.
NR 736.02 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2000, No. 532;
CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13. NR 736.03
NR 736.03
Definitions. In this chapter:
NR 736.03(2)
(2) “Bid" means a completed standard bid form on which the bidder has set forth the price or prices for which the bidder shall be willing to enter into a contract to perform and complete the work bid, in full compliance with the contract documents.
NR 736.03(3)
(3) “Bidder" means a person that submits a bid.
NR 736.03(4)
(4) “Bidder's authorized representative" means an individual who has been provided, in writing, the authority to act in the bidder's behalf.
NR 736.03(5)
(5) “Bidding period" means the time from the date of first posting of the public notice to the time of bid opening.
NR 736.03(6)
(6) “Bid guarantee" means a properly executed form of bid bond, a bank certified check, or a cashier's check, in an amount equal to 10% of the highest combination base bid or bids and alternate bids submitted.
NR 736.03(7m)
(7m) “Public notice" means a posting of a project and the procedures to be used to submit a bid for the project on a publicly accessible website.
NR 736.03(8)
(8) “Supporting document" means those documents submitted with a bid, including the bid guarantee, a power of attorney if a bid bond is submitted as bid guarantee, required affidavit forms and other information specifically requested by the department.
NR 736.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections in (7) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register June 2013 No. 690;
CR 12-023: r. (1), am. (5), (6), r. (7), cr. (7m) Register October 2013 No. 694, eff. 11-1-13. NR 736.05(1)(1) All drawings and specifications for the project shall be available for distribution to prospective bidders on or before the date upon which the public notice for proposals shall be posted. The public notice for proposals shall specify the following information:
NR 736.05(1)(c)
(c) Scope of the work, which describes the primary function of the project.
NR 736.05(1)(e)
(e) Date and time receipt of bids shall close and public opening shall occur.
NR 736.05(1)(g)
(g) Date, time and location where drawings and specifications shall be available.
NR 736.05(2)
(2) The department shall post a public notice a minimum of 30 days prior to bid opening, unless the department indicates in writing that the bidding period will be for a lesser period of time.
NR 736.05(3)
(3) In addition to the public notice, the department may solicit and advertise for proposals by either or both of the following methods:
NR 736.05(3)(a)
(a) An advertisement for proposals in trade publications, or newspapers within the locale of the project, which would have the potential of reaching prospective bidders.
NR 736.05(3)(b)
(b) An advertisement for proposal mailed directly to potential bidders, if such measure is deemed necessary to encourage adequate competition in bidding.
NR 736.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94;
CR 12-023: r. and recr. (title), am. (1) (intro.), (2), (3) (intro.) Register October 2013 No. 694, eff. 11-1-13.
NR 736.07(1)
(1) The department may issue addenda during the bidding period to correct, alter or to provide clarification of the drawings and specifications or other contract requirements for the project being bid or to extend the bidding period. No oral correction, alteration or clarification of bid documents shall be considered valid.
NR 736.07(2)
(2) Each addendum issued shall be identified by project number and title, date of addenda and assigned an addendum number which will indicate consecutive issue.
NR 736.07(4)
(4) No addenda shall be issued during the last 7 days prior to the published bid opening date, unless such addenda include an extension of the bid opening date for a minimum of 7 additional days.
NR 736.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94;
CR 12-023: r. (3) Register October 2013 No. 694, eff. 11-1-13. NR 736.09
NR 736.09
Submittal and receipt of bids. NR 736.09(1)
(1) All bids shall be submitted in sealed envelopes, unless otherwise directed by the department. The department may allow alternate methods of submitting and accepting bids.
NR 736.09(2)
(2) For sealed bids, the bidder shall place all of the following information on the face of the envelope containing the bidder's proposal:
NR 736.09(3)
(3) The bidder is responsible for the sealed bid being delivered to the place designated in the public notice for proposals, on or before the date and time specified.
NR 736.09(4)
(4) All sealed bids received by the department shall be stamped upon the face of the envelope indicating the date and time the envelope was received.
NR 736.09(5)
(5) Sealed bids received by the department, after the date and time designated in the public notice, shall have the date and time of receipt stamped upon the face of the envelope and be returned to the bidder unopened.
NR 736.09(6)
(6) The bidder shall indicate his or her status as a minority business where provided on the bid form.
NR 736.09 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94;
CR 12-023: am. (1), (2) (intro.), (3), (5) Register October 2013 No. 694, eff. 11-1-13. NR 736.11
NR 736.11
Withdrawal of bids. At any time before the date and time of bid opening, a bidder or the bidder's representative may withdraw the bid without prejudice to the right of the bidder to submit a new bid. Withdrawal of a bid may be accomplished by one of the following methods:
NR 736.11(1)
(1) A written request submitted and signed by the bidder's letterhead stationery.
NR 736.11(2)
(2) Personal appearance of the bidder or the bidder's authorized representative. Either individual shall be required to sign a receipt for the withdrawn bid.
NR 736.11 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 736.13(1)(1) A representative of the department shall preside at the bid opening as the bidding officer. At the date and time for bid opening, the bidding officer shall announce to those in attendance that bidding is officially closed and public opening and reading of bids will commence.
NR 736.13(2)
(2) All of the following rules shall be observed when reading the bids:
NR 736.13(2)(a)
(a) Following identification of each bid to be read, it shall be publicly stated whether a bid guarantee has or has not accompanied the bid. If a bid guarantee has not accompanied the bid, the remainder of the bid contents may not be read.
NR 736.13(2)(b)
(b) Where both written word and numerical dollar amounts are requested on the bid form, the written word amount is the amount that controls and that shall be publicly read.
NR 736.13(3)
(3) The bidding officer shall identify the project title for which the bid shall be read.
NR 736.13(4)
(4) All of the following bid information shall be publicly read aloud by the bidding officer and recorded in the official bid tabulation form as bids are read:
NR 736.13(4)(b)
(b) The written word price quotation for the base bid and any alternate bids.
NR 736.13(4)(c)
(c) If offered, the written word price quotation of a combined bid and identification of the base bids, which constitute the work proposed under the combined bid submitted.
NR 736.13(5)
(5) Upon completing the public reading of bids, the bidding officer shall announce that the bid opening for the specific project is officially closed and the results of the bid opening shall be available at a later date after bidding information has been checked and validated.
NR 736.13 Note
Note: Any informalities, omissions, errors or mistakes will be evaluated by the department during the validation of bids.
NR 736.13 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 736.15(1)(1) The department shall reject any bid which evidences any of the following conditions:
NR 736.15(1)(a)
(a) The base bid amount and alternate bid amounts as requested in the specifications have not been entered on the bid form.
NR 736.15(1)(d)
(d) Receipt of an addendum applicable to the award of contract has not been acknowledged on the bid form.
NR 736.15(1)(e)
(e) The bid form has been altered or changed in such a way that it incorporates unsolicited material, either directly or by reference, which would alter any essential provision of the contract documents or require consideration of the unsolicited material in determining the award of contract.
NR 736.15(1)(f)
(f) The bid is submitted by a bidder whom, through investigation, is found not to be qualified or responsible under
s. NR 736.17 (2).
NR 736.15(2)
(2) The department may reject any bid if the included documents have any of the following informalities, unless such informalities are waived by the department and corrected by the bidder within 3 business days from date and time of bidder notification:
