Chapter NR 734

NR 734.09(1) (1) Any member of the selection committee may nominate a consultant for consideration. The nominated consultant shall either be from the list of consultants supplied under s. NR 734.07 (1) or the consultant shall, at the request of the committee, complete a consultant data record form within 20 days after nomination. If the nominated consultant fails to provide a completed consultant data record form within that time frame the consultant’s name shall be removed from consideration for the project.

NR 734.09(2) (2) Upon review of the consultant data record forms of nominated consultants for appropriate capabilities, the committee shall select one or more consultants considered appropriate for the proposed project.

NR 734.09(3) (3) Upon selection, the selection committee shall request a proposal from one or more consultants.

NR 734.09 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 734.11 NR 734.11 Request for qualifications.

NR 734.11(1) (1) The selection committee may request consultants who have submitted a consultant data record form to submit an additional statement of qualifications specific to a project.

NR 734.11(2) (2) Criteria for evaluating the project-specific qualifications shall be established by the selection committee or a designee of the chairperson prior to the review of the statement of qualifications.

NR 734.11(3) (3) Proposals may be requested from one or more consultants who meet the project-specific qualification criteria.

NR 734.11 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 734.13 NR 734.13 Public notice for proposals.

NR 734.13(1) (1) For projects having an estimated cost which exceeds $2,500,000, an invitation for any consultant to submit a project-specific statement of qualifications for consideration by the selection committee shall be published by the department as a class 2 notice under ch. 985, Stats., in the official state newspaper. The notice shall contain, at a minimum, all of the following information:

NR 734.13(1)(a) (a) Project title and location.

NR 734.13(1)(b) (b) Name of the department.

NR 734.13(1)(c) (c) Date and place where project information and scope of work may be obtained.

NR 734.13(1)(d) (d) Description of services required.

NR 734.13(1)(e) (e) Location where proposals will be received and the date and time receipt of proposals will close.

NR 734.13(1)(f) (f) Name and phone number of the department contact.

NR 734.13(2) (2) In addition to the class 2 notice required in sub. (1), the department may also solicit project-specific statements of qualifications by any appropriate method, including any of the following:

NR 734.13(2)(a) (a) Placing the notice in trade publications or newspapers within the locale of the project.

NR 734.13(2)(b) (b) Mailing the notice directly to potential consultants, if such measure is deemed necessary by the department to assure an adequate number of consultants for consideration by the selection committee.

NR 734.13(3) (3) Criteria for evaluating project-specific qualifications shall be established by the selection committee or the designee of the chairperson prior to review of the statements of qualification.

NR 734.13(4) (4) Proposals may be requested from one or more consultants who meet the project-specific qualification criteria.

NR 734.13 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: am. (title), cr. (1) (f) Register October 2013 No. 694, eff. 11-1-13.

NR 734.15 NR 734.15 Request for proposal.

NR 734.15(1) (1) Upon selection of one or more qualified consultants, the selection committee shall transmit to the consultants the department’s project scope of work and a request for a proposal for completing the project.

NR 734.15(2) (2) The selection committee may request proposals from any number of qualified consultants.

NR 734.15(3) (3) The department’s proposed project scope of work shall include all of the following:

NR 734.15(3)(a) (a) Consultant reporting requirements.

NR 734.15(3)(b) (b) Consultant data generation requirements.

NR 734.15(3)(c) (c) The requirements for a site safety plan.

NR 734.15(3)(d) (d) A copy of the department’s standard contract.

NR 734.15(3)(e) (e) Any other project-specific requirements.

NR 734.15(4) (4) The request for proposal shall specify a date by which the consultant’s proposal shall be submitted to the department. If the consultant cannot provide the completed proposal by the time specified, the department may either grant a time extension or deem the consultant non-responsive and remove the consultant from further consideration for the project.

NR 734.15(5) (5) The consultant’s proposal shall include all of the following:

NR 734.15(5)(a) (a) A detailed description of the work to be completed.

NR 734.15(5)(b) (b) A list of key personnel expected to work on the project and their qualifications pursuant to ch. NR 712.

NR 734.15(5)(c) (c) A cost breakdown for the work to be performed, by task and assigned personnel.

NR 734.15(5)(d) (d) A list of subcontractors expected to work on the project and their qualifications pursuant to ch. NR 712.

NR 734.15(5)(e) (e) A quality assurance and quality control plan.

NR 734.15(5)(f) (f) A site safety plan.

NR 734.15(5)(g) (g) A proposed schedule for completing each phase of work.

NR 734.15 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: cr. (5) (g) Register October 2013 No. 694, eff. 11-1-13.

NR 734.17 NR 734.17 Proposal review. In selecting a consultant for a project, the department shall consider the adequacy of the proposal submitted under s. NR 734.15, in addition to the information in subs. (1) to (5).

NR 734.17(1) (1) Past performance on similar projects.

NR 734.17(2) (2) Experience and expertise necessary for the specific project.

NR 734.17(3) (3) Availability of qualified environmental staff, as required by ch. NR 712.

NR 734.17(4) (4) The consultant’s geographic proximity to the site or facility.

NR 734.17(5) (5) Status as a minority-owned firm.

NR 734.17 Note Note: The department shall attempt to ensure that at least 5% of the total amount expended under this section in each fiscal year is paid to minority businesses, as required in s. 23.41 (6), Stats.

NR 734.17 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 734.19 NR 734.19 Interview.

NR 734.19(1) (1) If the selection committee considers it necessary, the committee may interview one or more consultants for the purpose of discussing the department’s requested scope of services and the consultant’s proposed method to implement the department’s scope of work. 

NR 734.19(2) (2) Upon completion of the consultant’s presentations, the selection committee shall select a consultant in accordance with the requirements of s. NR 734.15. An alternate consultant may also be designated by the committee.

NR 734.19 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 734.21 NR 734.21 Award of contract.

NR 734.21(1) (1) The department may negotiate the costs and scope of work for any project with a consultant.

NR 734.21(2) (2) Upon completion of contract negotiations, a contract shall be sent to the consultant for signature.

NR 734.21(3) (3) The contract shall be signed by the consultant and the department’s secretary.

NR 734.21(4) (4) Projects with a cost greater than $60,000 shall be signed by the governor, in addition to the signatures required pursuant to sub. (3).

NR 734.21(5) (5) No work on a project may commence until after the required signatures have been obtained.

NR 734.21 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: am. (4) Register October 2013 No. 694, eff. 11-1-13.

NR 734.23 NR 734.23 Performance reporting. The department may evaluate the performance of consultants, create a written record of that evaluation, provide summaries of the evaluation to the consultant, provide the consultant an opportunity to discuss the evaluation with the department and allow the consultant to submit a written response for inclusion in the record.

NR 734.23 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.