Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Generally; dollar cost bidding.
The applicant must get written competitive proposals for
consultant services according to this part. Items on the consultant proposal
must be bid by dollar amount per item.
Subp. 2.
Prevention of collusion;
requests for proposals.
A. The
applicant may not request from a consultant or receive from a consultant,
directly or indirectly:
(1) a list of
consultants from whom to request competitive proposals; or
(2) any information concerning consultants
from which to request competitive proposals.
B. The applicant may not request or allow a
consultant to determine which other consultant receives a request for a
proposal.
C. A proposal obtained in
a manner prohibited by this subpart is not a valid competitive proposal for the
purposes of this chapter.
Subp.
3.
Excavation and soil disposal oversight before
investigation.
An applicant is not required to seek competing proposals from
consultants for the following consultant services when the services are
performed as part of excavation and soil disposal oversight that occur before
the first limited site investigation or full remedial investigation of the leak
site occurs:
A. AST soil
sampling;
B. composted soil
sampling;
C. contaminated stockpile
soil sampling;
D. excavation report
preparation;
E. excavation soil
sampling;
F. field work
notification and scheduling;
G.
groundwater sampling (other than permanent monitoring well);
H. land-treated soil sampling;
I. sample shipping and
transportation;
J. state duty
officer emergency contact; and
K.
utility clearance.
Subp.
4.
Limited site investigation or full remedial
investigation.
The applicant must get at least two written competitive
proposals for services for a limited site investigation or full remedial
investigation according to parts
2890.1000 to
2890.2200. The proposals must be
on a form prescribed by the board according to parts
2890.1000 to
2890.2200. The proposals must
comply with the requirements of parts
2890.1000 to
2890.2200. Costs for the following
contractor services may be included in a proposal for the limited site
investigation or full remedial investigation step of services: air sample
analysis; drilling; groundwater sample analysis; and soil sample
analysis.
A. Standard scope: unless
the applicant knows, determines, or reasonably suspects that an investigation
conducted according to the following assumptions and scope of work would not
meet its intended purpose, limited site investigation costs must be bid based
on the following standard assumptions and scope of work:
(1) Assumptions:
(a) push probe technology will be
used;
(b) groundwater depth is 20
feet;
(c) the release is from a
single source;
(d) utilities and
subsurface obstructions do not inhibit the advancement of borings;
(e) water and soil gas samples will be
collected immediately after completion of the borings;
(f) free product is not present;
(g) level D safety precautions are adequate;
and
(h) the work will be completed
according to agency and Minnesota Department of Health guidance.
(2) Scope of work:
(a) perform necessary administrative tasks,
including the completion of a health and safety plan;
(b) complete necessary field and receptor
surveys and risk evaluations in accordance with agency guidance;
(c) advance push probes in accordance with
agency guidance by installing five push probes to ten feet below grade, four
push probes to 25 feet below grade, and one push probe to 40 feet below
grade;
(d) collect necessary soil,
groundwater, and soil gas samples in accordance with agency guidance;
and
(e) prepare and submit an
investigation report (LSI only) to the agency.
B. Nonstandard scope: when the applicant
knows or reasonably suspects that an investigation conducted according to the
standard assumptions in item A would not meet its intended purpose, the
applicant must get a minimum of two written competitive proposals for a limited
site investigation or full remedial investigation based on identical
assumptions about the characteristics of the site. The proposals must
specifically state the assumptions of the proposal concerning:
(1) scope of work to be performed;
(2) drilling technology to be
employed;
(3) soil
conditions;
(4) groundwater
depth;
(5) number of borings to be
advanced;
(6) drilling
depths;
(7) drilling
intervals;
(8) number of monitoring
wells to be installed, their construction, depth, and protective
completion;
(9) number of soil
samples to be collected;
(10)
number and type of analytes for which soil samples will be analyzed;
(11) number of groundwater samples to be
collected;
(12) number and type of
analytes for which groundwater samples will be analyzed;
(13) number of soil gas samples to be
collected;
(14) number and type of
analytes for which soil gas samples will be analyzed;
(15) number of rounds of groundwater sampling
to be conducted; and
(16) type of
investigation report to be submitted to the agency.
Subp. 5.
Subsequent steps of
services.
A. After the limited site
investigation or full remedial investigation step of services, the applicant
must get a written proposal for each necessary subsequent step of services in
accordance with part
2890.1000 but is not required to
seek competing proposals.
Costs for the following contractor services may be included in
the proposal: air sample analysis, drilling, groundwater sample analysis, soil
sample analysis, and system installation. The proposal must be submitted to the
board's staff for review before the commencement of the proposed work. The
applicant must not approve the proposal until it has been reviewed by the
board's staff. In conducting its review, the board's staff will consider the
following items, if applicable to the particular proposal:
(1) information from the agency regarding the
proposed schedule and the equipment required for remediation;
(2) historical cost data on excavation and
other tasks involved;
(3) data from
cost-estimating software for active remediation tasks;
(4) hourly rates and analytical and sample
costs set by this chapter; and
(5)
maximum costs for competitively bid contractor tasks set by this
chapter.
B. A written
proposal for active remediation-system installation, start-up, and operation
and maintenance must include the proposed costs for up to one year of system
operation and maintenance. When the time period covered by the proposal
expires, the applicant must obtain a new proposal for up to one year of ongoing
system operation and maintenance, if necessary, until the agency determines
that operation of the system can stop.
Subp. 6.
Switching consultants.
When the applicant wishes to hire a different consulting firm,
the applicant must follow the procedures in items A and B.
A. If the limited site investigation or full
remedial investigation step of services has not been completed, the applicant
must get competitive proposals for the limited site investigation or full
remedial investigation step of services according to subpart
4.
B. If the limited site investigation or full
remedial investigation step of services has been completed, the applicant must
get a written proposal for the appropriate step of services from the new
consultant according to subpart
5.
Subp. 7.
Lowest cost proposal.
A. Except as provided in part
2890.2100, total costs for a step
of services that exceed the total costs in the lowest competitive proposal for
a step of services based on identical assumptions about the characteristics of
the site are prima facie unreasonable, unless the applicant provides documented
proof to demonstrate that the selected consultant's qualifications are superior
to those of the consultant who gave the lowest competitive proposal and justify
the selection of a higher cost proposal. Among the factors relevant to the
qualifications of a consultant are education, experience, and certifications
and registrations. A prior business relationship between the applicant and
consultant is not relevant to the qualifications of a consultant. The board
must consider the cost for a consultant service in the lowest overall
competitive proposal as a reasonable amount to charge for a specific task or
item if the cost for that task or item does not exceed the maximum cost stated
in parts
2890.1300 to
2890.1850.
B. When the proposals obtained by the
applicant for the limited site investigation or full remedial investigation
step of services are not based on identical assumptions about the
characteristics of the site, the proposals are not valid competitive
proposals.
Subp. 8.
Exemptions from competitive bidding requirements.
The applicant may be granted an exemption from the competitive
bidding requirement of this part if the board determines that the applicant has
documented that:
A. only one
consultant was reasonably available to perform the necessary services and that
the costs are not substantially in excess of costs typically charged for
similar services by comparable consultants in the same geographical
area;
B. the necessary services
were required by an emergency that did not allow the applicant sufficient time
to get proposals for necessary services; or
C. a standard contract entered into via an
annual bidding or evaluation process results in lower corrective action costs
than obtaining proposals on a per-job basis.
Statutory Authority: MS s
115C.07
