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 747.68 - Competitive public bidding process

Universal Citation: WI Admin Code § NR 747.68

Current through August 26, 2024

(1) PUBLISHING THE REQUEST FOR BIDS. The department shall post a request for bids on the department's Internet Web site.

(2) SUBMITTING BIDS. Firms submitting public bids in response to the bid specifications shall comply with all of the following:

(a) Bidders shall submit bids in a format prescribed by the department.

(b) Bidders shall submit bids so that the bids are received by the department no later than 4:00 p.m. on the bid-end date listed in the bid specifications.

(3) EVALUATING BIDS.

(a) The department may not consider any late bids. The department shall rank all remaining bids solely on the basis of cost, in ascending order from the least costly to the most costly. The department shall then evaluate only the bid containing the least costly proposal, to determine if all requirements of the bid specifications will be met, if the remedial strategy is appropriate to the geologic setting, and if the bid is likely to establish an amount to sufficiently fund the activities and outcome objective contained in the bid specifications. The department shall continue the evaluation process until the least costly qualified bid is identified.

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.

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

(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.

(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.

(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.

(7) DETERMINING THE LEAST COSTLY METHOD OF REMEDIAL ACTION, OR THE CAP FOR A DEFINED SCOPE OF WORK.

(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).

(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.

(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.

(d)

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).

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

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.

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