(1) NOTIFICATION OF
PROGRESS.
(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:
1. Three months after
entering into the contract.
2.
Twelve months after beginning the work in the successful bid, except as
provided in subd. 6.
3. Twelve
months after submitting the previous report required under this subsection,
except as provided in subd. 6.
4.
No later than 10 days after encountering a change in circumstances, as
specified in sub. (3).
5. At any
other frequency directed by the department.
6. No later than 30 days after completing the
work.
(b) For
occurrences that are not covered under s.
101.144(2) (b), Stats., the department shall send the
DNR a copy of the reports received under par. (a).
Note: This paragraph is no longer effective
and is subject to future repeal. Section
101.144, Stats., was
repealed by 2013 Wis. Act 20. The "department" in this paragraph refers to the
department of safety and professional services, which no longer has
responsibility for occurrences under this section.
Note: See s.
NR 747.71(5) for special requirements
for existing sites.
(2) FAILURE TO MAKE PROGRESS. If the
department determines that the consulting firm is failing to make adequate
progress to complete the scope of work defined in the bid specifications for an
amount not exceeding the reimbursement cap determined under s.
NR 747.68(7), the department shall so
notify the responsible party and may reduce the reimbursement to accurately
reflect the work completed.
Note: See s.
NR 747.71(5) for special requirements
for existing sites.
(3)
CHANGE OF CIRCUMSTANCES.
(a) For occurrences
under the direction of the department, the department may review and modify the
reimbursement cap, and may reinitiate the public bidding process in s.
NR 747.68, based on a change in circumstances, if any of
the following have occurred:
1. Substantial
new contamination has been discovered on the site. Substantial contamination
must increase remediation costs to either obtain closure or complete a defined
scope of work. New contamination is contamination not previously identified,
such as contamination in a broader area or deeper depth than previously
identified.
2. Abnormal weather,
previously unknown geologic conditions, or previously unknown subsurface
structures have been encountered that directly affect the activities described
in the least costly qualified bid identified under s.
NR 747.68(3).
(b) For occurrences under the direction of
the department, the department may review and modify the reimbursement cap, and
the department may reinitiate the public bidding process in s.
NR 747.68, based on a change of circumstances, if any of
the events in par. (a) 1. and 2. have occurred.
Note: See s.
NR 747.71(5) for special requirements
for existing sites.
(4) DISQUALIFICATION FROM FURTHER WORK ON A
PROJECT.
(a)
Grounds for
disqualification. The department may disqualify any individual or firm
from performing further work on a project, if the individual or firm has done
any of the following:
1. Failed to complete a
substantive portion of the defined scope of work within the corresponding
portion of the reimbursement cap.
2. Failed to complete the scope of work in a
bid in a timely manner.
3. Failed
to meet requirements in department rules on the project.
4. Failed to do either of the following:
a. Pay subcontractors within a contracted
timeline, 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. 4. a.
5. Failed to execute a contract with a
responsible party as required in s.
NR 747.69(1).
6. Failed to commence work within 45 days
after executing a contract, as required in s.
NR 747.69(3).
Note: See s.
NR 747.71(5) for special requirements
for existing sites.
(b) In making disqualification decisions
under this section, the department shall only 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.
(c)
Period of
disqualification. The period of disqualification shall be 6 months for
the first disqualification, 12 months for the second disqualification, and 24
months for any successive disqualification.
Note: The department may consider
disqualification from further work as a contributing factor when applying other
disciplinary actions to any individual or firm.
(d)
Written notice of
disqualification. The department shall provide written notification to
any individual or firm disqualified from performing further work on a project.
The notification shall specify the reasons for the disqualification, the period
of the disqualification, and the right to appeal the department's decision. The
notification shall inform the disqualified party that costs for any work on the
occurrence during the disqualification, except as otherwise authorized by the
department, will not be reimbursed.
(e)
Appeals by disqualified
individuals or firms.1. An
individual or firm that receives a notice of disqualification under this
section may appeal as provided in s.
NR 747.53.
2.
The department shall hold a hearing for an appeal filed under subd. 1. no later
than 30 days after receipt of the appeal.
(f)
Rebidding or selection of
next-lowest, qualified bid. Where an individual or firm has been
disqualified under this section, 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).
(g)
Corrective action by disqualified
individual or firm. The department may require an individual or firm
that has previously been disqualified to take 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.
