NR 747.68 Note Note: As established in s. 292.63 (3) (cp) 1., Stats., the purpose of the least costly qualified bid is to assist the department in making a determination of the least costly method of remedial action. See sub. (7) for further information about that determination.

NR 747.68(3)(b) (b) The department shall reserve the right to reject any or all bids.

NR 747.68(4) (4) Notice of disqualified bid. The department shall provide written notification to any individual or firm that submitted a disqualified bid. The notification shall specify the reasons for the disqualification, and the right to protest or appeal the department’s decision.

NR 747.68(5) (5) Notice of intent. The department shall announce its intent to select the least costly qualified bid to assist in determining the least costly method of remedial action or a cap for a defined scope of work. The department shall send the announcement in writing to the responsible party and shall post the announcement on its Internet Web site. The announcement shall identify the bid the department has determined to be the least costly qualified bid. The announcement shall identify all low bids that have been disqualified. The announcement shall be provided at least 11 business days prior to the determination of the least costly method or the determination of a cap.

NR 747.68(6) (6) Protests and appeals. A responsible party or a bidder may protest the department’s selection and use of the least costly qualified bid to assist in making the determination in sub. (7). The protestor shall file a written protest with the director of the bureau of PECFA no later than 10 business days after issuance of the notice in sub. (4) or (5), whichever is later. The filing shall include all of the reasons for the protest. Any reason not listed for the protest shall be deemed waived. The director or the director’s designee may resolve the protest by upholding the department’s determination, by removing a disqualification, or by correcting an error in determining the cost contained in a bid, and shall issue a written decision no later than 5 business days after receiving the protest. A protestor may file a written appeal of the decision of the bureau director or designee, to the administrator of the environmental and regulatory services division, no later than 5 days after issuance of the decision, provided the protestor alleges a violation of s. 292.63, Stats., or of this chapter. The administrator or designee shall resolve the appeal without hearing and issue a written decision no later than 5 business days after receiving the appeal. The decision on the appeal shall be mailed or otherwise furnished to the protestor. In the event of the filing of a timely protest or appeal, the department may not proceed further with making the determination in sub. (7) until a decision is issued on the protest or appeal.

NR 747.68(7) (7) Determining the least costly method of remedial action, or the cap for a defined scope of work.

NR 747.68(7)(a) (a) The least costly method of remedial action or the cap for a defined scope of work shall be determined according to pars. (b) or (c).

NR 747.68(7)(b) (b) For occurrences under the direction of the department, the department shall consider the least costly qualified bid identified under sub. (3) in determining the least costly method of remedial action or the cap for a defined scope of work. No later than 10 business days after making its decision, the department shall notify the responsible party of the department’s determination of the least costly method of remedial action or the cap for a defined scope of work, and shall specify the maximum amount that will be reimbursed.

NR 747.68(7)(c) (c) For occurrences under the direction of the department, the department shall consider the least costly qualified bid identified under sub. (3) in determining the least costly method of remedial action or the cap for a defined scope of work. No later than 10 business days after making the decision, the department shall notify the responsible party of the department’s determination of the least costly method of remedial action or the cap for a defined scope of work, and shall specify the maximum amount that will be reimbursed.

NR 747.68(7)(d) (d)

NR 747.68(7)(d)1. 1. The determination of the least costly method of remediation or the determination of the cap for a defined scope of work shall establish the maximum costs eligible for reimbursement by the PECFA program, except where that maximum is increased under s. NR 747.70 (3).

NR 747.68 Note Note: See s. NR 747.71 (5) for special requirements for existing sites.

NR 747.68(7)(d)2. 2. Any additional costs above the maximum established in subd. 1. or s. NR 747.70 (3) shall be the responsibility of the responsible party.

NR 747.68 History History: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (7) (d) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (6), (7) (c), (d) 1., 2. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 684.

NR 747.69 NR 747.69 Responsible party’s contract with a bidder.

NR 747.69(1) (1) Contract with remediation consulting firm.

NR 747.69(1)(a) (a) Except as provided in pars. (c) or (d), no later than 60 days after the department issues the notification under s. NR 747.68 (7) (b) or (c), the responsible party shall execute a written contract with one of the firms that submitted a bid under s. NR 747.68 (2), to perform the work identified in the notification.

NR 747.69(1)(b) (b) Failure to execute the written contract as required in par. (a) shall result in ineligibility of any interest expenses incurred from the date of the notification under s. NR 747.68 (7) (b) or (c), until a contract is executed and work commences on the occurrence.

NR 747.69(1)(c) (c) This subsection does not apply to a bidder who becomes disqualified under s. NR 747.67, or where all subsequent work will not be submitted for reimbursement from the PECFA fund.

NR 747.69(1)(d) (d) The department may grant an extension of the 60-day period specified in par. (a) only after a claimant demonstrates that substantive efforts to obtain financing have been unsuccessful.

NR 747.69 Note Note: As established in s. NR 747.30 (2) (s) and (i), the department will not reimburse costs, including interest costs, for unauthorized services that are performed by any party other than a firm which submitted a bid under s. NR 747.68 (2) and which is contracted with under this section, if they are conducted after the qualified low bid is determined under s. NR 747.68 (3).

NR 747.69 Note Note: See sub. (4) for criteria that apply to an affected site after a bidder who submits the least costly qualified bid becomes disqualified, and no other bidder agrees to perform the work within the corresponding reimbursement cap.

NR 747.69(2) (2) Notification of consulting firm selection. No later than 14 days after any contract for remediation under sub. (1) is executed or terminated with the responsible party, the consulting firm shall submit to the department a notification form prescribed by the department.

NR 747.69(3) (3) Commencing work. The consulting firm that executes a contract under sub. (1) shall commence the work specified therein no later than 45 days after the contract is executed.

NR 747.69(4) (4) Rebidding or selection of next-lowest, qualified bid. Where a bidder who submitted the least costly qualified bid becomes disqualified under s. NR 747.67, and no other bidder agrees to perform the work identified in the notification under s. NR 747.68 (7) (b) or (c), within the reimbursement cap established under s. NR 747.68 (7), the department may either redirect the scope of work through the entire public bidding process in s. NR 747.68, or reinitiate that process at the bid evaluation stage in s. NR 747.68 (3).

NR 747.69 History History: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a) to (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 747.70 NR 747.70 Monitoring the progress of the scope of work in the bid.

NR 747.70(1) (1) Notification of progress.

NR 747.70(1)(a) (a) The consulting firm holding the contract required in s. NR 747.69 (1) (a) shall report to the department, in a format prescribed by the department, the progress toward completing the scope of work defined in the bid specifications, at each of the following points: