Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 747 - PETROLEUM ENVIRONMENTAL CLEANUP FUND
Subchapter VI - Competitive Public Bidding
Section NR 747.67 - Disqualification from bidding

Universal Citation: WI Admin Code § NR 747.67

Current through August 26, 2024

(1) GROUNDS FOR DISQUALIFICATION.

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

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

2. Failed to complete the scope of work in a bid in a timely manner.

3. Failed to meet requirements in department rules on a bid project.

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.

5. In any prior occurrence that has been publicly bid, failed to do either of the following:

a. Pay subcontractors after receiving payment for them.

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.

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

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

(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.

(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.

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

(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.

(4) CORRECTIVE ACTION BY DISQUALIFIED INDIVIDUAL OR FIRM. The department may require an individual or firm that has previously been disqualified to post a fidelity, surety, or performance bond or to take other corrective action specified by the department, to protect owners or operators and the PECFA fund from failure to carry out the work specified in the public bidding process in s. NR 747.68.

(5) PROTESTS AND APPEALS BY DISQUALIFIED INDIVIDUALS OR FIRMS. An individual or firm that receives a notice of disqualification may protest the disqualification. The individual or firm shall file a written protest with the director of the bureau of PECFA no later than 5 business days after issuance of the notice in sub. (3). 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 either upholding the department's determination or by removing a disqualification, 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 appeal under this subsection, the department may not proceed further with disqualifying an individual or firm from public bidding until a decision is issued on the appeal.

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