NR 747.64 Note Note: Section 101.144, Stats., was repealed by 2013 Wis. Act 20.

NR 747.64(1)(b) (b) For occurrences that are not covered under s. 101.144 (2) (b), Stats., the department shall notify the responsible party and the consulting firm that no further costs will be reimbursed except as established through the public bidding process in s. NR 747.68 or as otherwise authorized by the department.

NR 747.64 Note Note: Section 101.144, Stats., was repealed by 2013 Wis. Act 20.

NR 747.64(2) (2) Scope of work for bidding an investigation. The department may bid a scope of work to include the remainder of an investigation, where the investigation has stopped under sub. (1).

NR 747.64 History History: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (intro.), (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 747.65 NR 747.65 Department to determine scope of work to be bid. Prior to public bidding, the department shall determine whether the scope of work to be bid will be the work necessary to achieve closure, work to a defined remediation target, or completion of a defined set of activities.

NR 747.65 History History: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06.

NR 747.66 NR 747.66 Bidder qualifications.

NR 747.66(1) (1) General. Bids may be submitted only by representatives of consulting firms which are registered under s. SPS 305.80 and which meet all eligibility requirements in this section and in the bid specifications.

NR 747.66 Note Note: The consulting firm retained by the responsible party to carry out the investigation is eligible to bid remedial activities if the consulting firm meets all eligibility requirements in this section and in the bid specifications.

NR 747.66(2) (2) Performance assurance. Every bidding firm shall submit a certified commitment to complete the work described in the bid specifications and in the submitted bid, for the price proposed in the bid.

NR 747.66(3) (3) Disqualified individuals or firms. No individual or firm that has been disqualified under s. NR 747.67 may submit a bid until the period of disqualification has ended and all corrective actions required by the department to reinstate the individual or firm have been met.

NR 747.66 History History: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 747.67 NR 747.67 Disqualification from bidding.

NR 747.67(1) (1) Grounds for disqualification.

NR 747.67(1)(a) (a) The department may disqualify from public bidding any individual or firm that has done any of the following:

NR 747.67(1)(a)1. 1. Failed to complete a scope of work within a reimbursement cap established through public bidding.

NR 747.67(1)(a)2. 2. Failed to complete the scope of work in a bid in a timely manner.

NR 747.67(1)(a)3. 3. Failed to meet requirements in department rules on a bid project.

NR 747.67(1)(a)4. 4. Received one or more notices from the department under s. NR 747.62 (2) that assess the financial management of an investigation as unacceptable.

NR 747.67(1)(a)5. 5. In any prior occurrence that has been publicly bid, failed to do either of the following:

NR 747.67(1)(a)5.a. a. Pay subcontractors after receiving payment for them.

NR 747.67(1)(a)5.b. b. Obtain lien waivers on or before the date of the final payment by the responsible party or the PECFA program, from all subcontractors paid under subd. 5. a.

NR 747.67(1)(a)6. 6. Failed to execute a contract with a responsible party as required in s. NR 747.69 (1).

NR 747.67(1)(a)7. 7. Failed to commence work within 45 days after executing a contract, as required in s. NR 747.69 (3).

NR 747.67(1)(b) (b) In making disqualification decisions under this section, the Department shall excuse failures that are shown to be due to factors which are beyond the control of a bidding individual or firm, such as a responsible party’s inability to obtain financing.

NR 747.67(2) (2) Period of disqualification. The period of disqualification shall be 2 rounds of public bidding for the first disqualification, 4 rounds for the second disqualification, and 6 rounds for any subsequent disqualification.

NR 747.67 Note Note: The department may consider disqualification from public bidding as a contributing factor when applying other disciplinary actions to any individual or firm.

NR 747.67(3) (3) Written notice of disqualification. The department shall provide written notification to any individual or firm disqualified from submitting bids. The notification shall specify the reasons for the disqualification, the period of the disqualification, the consequence under s. NR 747.69 that post-bidding contracts at other sites may not be executed, and the right to protest or appeal the department’s decision.