Section NR 747.63 - Exemptions from competitive public bidding(1) GENERAL. Pursuant to s. 292.63(3) (cp), Stats., the following exemptions may apply to an occurrence: (a) The department may waive the public bidding process in s. NR 747.68 for the reasons set forth in s. 292.63(3) (cp) 2, Stats. Note: Section 292.63(3) (cp) 2, Stats., provides that the department may waive the competitive public bidding requirement "if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01(5), or within 100 feet of any other well used to provide water for human consumption."
(b) An occurrence is exempt from the public bidding process in s. NR 747.68 where or while the circumstances in subs. (2) to (5) apply, or where the bidding process is otherwise waived by the department.(2) EMERGENCY ACTIONS. Work performed as part of an emergency action within the initial 72 hours after the onset of the need for the action, is not subject to the public bidding process in s. NR 747.68.(3) BIDDING IS NOT COST EFFECTIVE. The department may waive the public bidding process in s. NR 747.68 after determining that either bidding would not be cost-effective, or the estimated additional cost to complete a scope of work is reasonable.(4) ALTERNATIVE ACCEPTABLE BIDDING PROCESS. The department may waive the public bidding process in s. NR 747.68 after determining that a responsible party has used an acceptable alternative competitive bidding process to choose the consulting firm and establish an estimated cost to define a closure standard, remediation target, or scope of work for the remediation.(5) TEMPORARY DEFERRAL OF PUBLIC BIDDING. (a) The department may defer public bidding for an occurrence that is subject to the public bidding process in s. NR 747.68 after determining that additional investigation activities will produce specific data and information which will contribute to the bidding process in s. NR 747.68 for that occurrence.(b) The department shall provide a written notice to the responsible party and the consulting firm specifying the conditions to be met during the deferral period.(c) The consulting firm shall cease work on the occurrence after the conditions that justified the deferral have been met, and shall submit a written notice thereof to the department within the 14 days following. Work may recommence only after authorization to proceed is received from the department.Wis. Admin. Code Department of Natural Resources § NR 747.63
CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (2), (3), (4), (5) (a) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (b), (2) to (4), (5) (a) made under s. 13.92(4) (b) 6, 7., Stats., Register October 2013 No. 694. Section 292.63(3) (c)3, Stats., provides that the owner shall "conduct all remedial activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under s. 292.11."
Note: As established in s. NR 747.30(2) (q) and (i), the department will not reimburse costs, including interest costs, for any work performed in violation of this paragraph.
Note: Under s. 292.63(3) (cp)5, Stats., the agency waiving competitive public bidding for an occurrence must provide notice to the other agency prior to issuing the waiver.
Note: Under s. 292.63(4) (cm), Stats., the schedule of usual and customary costs referenced in s. NR 747.325 must be used to determine the amount of eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with s. 292.63(3) (c)3, Stats., and with enforcement standards.