Current through August 26, 2024
(1) Except for home oil tank owners and
department approved emergency actions, the purchase of consulting and commodity
services, not already covered by a detailed written contract, as of February 1,
1993, shall conform to the procedures in this section. In order to qualify as
an existing contract, the document shall be with a specific service provider
and shall specify contract items, such as but not limited to, the project
details, time limitations, projected completion dates, payment terms and other
standard contract language.
(2)
GENERAL.
(a)
Consulting firm
selection.
1. An owner or operator
shall select a PECFA consulting firm, as so registered under s.
SPS 305.80, to conduct all site investigation and remedial
action activities, and shall execute a written contract with that
firm.
2. The services of the
selected consulting firm shall be limited to providing the consulting services
or scientific evaluations necessary to conduct an environmental response. The
consulting firm and any company or consultant not independent of the consulting
firm or project consultants are prohibited from providing any of the commodity
services required in the remediation.
(b)
Purchase of commodity
services..1. All commodity services
which include, but are not limited to, soil borings, monitoring-well
construction, laboratory analysis, excavation and trucking shall be obtained
through a competitive bid process. A minimum of 3 bids are required to be
obtained and the lowest cost service provider shall be selected. An employee of
a commodity service provider may not participate in the preparation of bid
documents or other requirements of the bid process, except for providing
technical material, if the employee's firm is a bidder.
2. Consulting firms may elect to bid
laboratory services on a calendar-year basis in order to obtain volume
discounts and reduce the number of bids that shall be completed for each
remediation. In completing the competitive bid process, the consulting firm
shall obtain a minimum of 3 written bids from qualified firms that respond to
the specifications and estimated volume of work provided by the consulting
firm. Only PECFA-eligible laboratory work shall be included in the analysis to
determine the lowest cost service provider. The lowest bid shall be accepted.
All discounts, rebates and savings shall be reflected in the PECFA
claim.
3. The analysis of
laboratory tests for passive or active bio-remediation and the performance of
pump or pilot tests may be accomplished by either consultants or commodity
providers. If these services are obtained by a consulting firm, as part of
their consulting service, then the bidding of this service shall not be
required.
4. An owner or operator
may appeal to the department to obtain approval to select other than the lowest
cost commodity service provider. The department may approve an appeal if it
determines that the use of another service provider will further the goals of
the program.
(c)
Remediation alternative.1.
The owner or operator shall select the lowest cost remediation alternative that
will result in a closed remedial action. The responsible party may select a
higher cost alternative if he or she certifies to the department in writing
that the additional costs will not be claimed for PECFA
reimbursement.
2. A higher cost
remediation alternative may be allowed by the department if it determines that
the alternative would further the goals of the program.
(3) REMEDIATION. For sites for
which a remedial alternative was received by the department before April 21,
1998, the following shall apply:
(a) The
estimated cost for the selected remediation alternative contained in the
remedial action plan shall provide a separate dollar amount for consulting
services and for commodity items. The estimated costs for these items shall be
submitted to the department as part of the comparison of remedial alternatives
or, if the submittal of the alternatives is not required as specified in s.
NR 747.335(3) (c), prior to the start of
the remedial activities.
(b) A
dollar amount approved by the department shall establish the maximum
reimbursable amount for consulting services during the remediation.
(c) The cost detail for the selected
remediation alternative shall establish the total estimated cost for the
remediation up to receiving approval as a closed remedial action. The estimate
may be used to establish a maximum reimbursable amount. If the estimated
consulting or commodity costs are established as maximum reimbursable amounts,
and one or both will be exceeded, the consultant shall immediately notify in
writing the claimant and the department of the anticipated actual
cost.
(d) If it is determined that
the consulting or commodity services may not be completed within the original
estimate, the owner or operator and the consultant shall provide a written
account, to the department, of the additional work to be performed in order to
prove the need for additional funding. Failure to obtain written approval of
the additional costs by providing justification acceptable to the department
shall constitute grounds for disallowing the additional expenses. Cost
guidelines, as published by the department, may be used as one factor in
determining if an approval for additional work is warranted.
(4) COMMODITY ITEMS REQUIRING
COMPETITIVE BIDDING. The following items shall be competitively bid. All bids
shall be in units standard to the industry.
(a) Excavation of petroleum-contaminated
soils;
(b) Trucking of
petroleum-contaminated soils or backfill material;
(c) Thermal treatment of
petroleum-contaminated soils;
(d)
Laboratory services including mobile labs;
(e) Backfill material;
(f) Drilling and installing monitoring
wells;
(g) Soil borings;
(h) Surveying if the service requires a
registered land surveyor; and
(i)
Other non-consulting services.
(5) COMMODITY BUNDLES. The owner or operator
may combine individual commodity items into one bid. These bundles of
commodities shall be bid by at least 3 service providers and the lowest cost
service provider shall be selected.
(6) EXEMPTIONS.
(a) Commodity items with a purchase price of
$1,000 or less shall be exempt from the competitive bid requirement. The
exclusion from commodity bidding may not be used if a service is to be used
multiple times and the cumulative cost exceeds $1,000.
(b)
1. The
department may exempt specific services from the competitive commodity bid
process if the department determines that the conduct of the bid proposal
process is unlikely to further the remediation process or the goals of the
program.
2. Written department
approval shall be received prior to incurring costs for services that are
exempted under subd. 1., except where a subsequent department waiver of the
approval requirement would further the goals or objectives of the program.
Note: As established in s.
NR 747.30(2)
(m) and (i), the department will not
reimburse costs, including interest cost, for services exempted under subd. 1.,
if the costs are incurred prior to the department approval required under subd.
2., and the approval requirement is not subsequently waived.
(c) The competitive commodity
bidding required under subs. (2) (b) and (4) is not required where
reimbursement amounts are determined either by the usual and customary cost
schedule established under s.
NR 747.325, or by the public bidding process in subch.
VI.
(d) The prohibition in sub. (2)
(a) 2. against consultants or their associates providing commodity services
does not apply where reimbursement amounts are determined either by the usual
and customary cost schedule established under s.
NR 747.325, or by the public bidding process in subch.
VI.
(7) DOCUMENTATION.
The owner or operator shall maintain the documents and data used in the
competitive bid and selection process. These records shall be maintained and
provided to the department if requested as part of the claim review or audit
processes.
