Section NR 747.69 - Responsible party's contract with a bidder(1) CONTRACT WITH REMEDIATION CONSULTING FIRM.(a) Except as provided in pars. (c) or (d), no later than 60 days after the department issues the notification under s. NR 747.68(7) (b) or (c), the responsible party shall execute a written contract with one of the firms that submitted a bid under s. NR 747.68(2), to perform the work identified in the notification.(b) Failure to execute the written contract as required in par. (a) shall result in ineligibility of any interest expenses incurred from the date of the notification under s. NR 747.68(7) (b) or (c), until a contract is executed and work commences on the occurrence.(c) This subsection does not apply to a bidder who becomes disqualified under s. NR 747.67, or where all subsequent work will not be submitted for reimbursement from the PECFA fund.(d) The department may grant an extension of the 60-day period specified in par. (a) only after a claimant demonstrates that substantive efforts to obtain financing have been unsuccessful. Note: As established in s. NR 747.30(2) (s) and (i), the department will not reimburse costs, including interest costs, for unauthorized services that are performed by any party other than a firm which submitted a bid under s. NR 747.68(2) and which is contracted with under this section, if they are conducted after the qualified low bid is determined under s. NR 747.68(3).
Note: See sub. (4) for criteria that apply to an affected site after a bidder who submits the least costly qualified bid becomes disqualified, and no other bidder agrees to perform the work within the corresponding reimbursement cap.
(2) NOTIFICATION OF CONSULTING FIRM SELECTION. No later than 14 days after any contract for remediation under sub. (1) is executed or terminated with the responsible party, the consulting firm shall submit to the department a notification form prescribed by the department.(3) COMMENCING WORK. The consulting firm that executes a contract under sub. (1) shall commence the work specified therein no later than 45 days after the contract is executed.(4) REBIDDING OR SELECTION OF NEXT-LOWEST, QUALIFIED BID. Where a bidder who submitted the least costly qualified bid becomes disqualified under s. NR 747.67, and no other bidder agrees to perform the work identified in the notification under s. NR 747.68(7) (b) or (c), within the reimbursement cap established under s. NR 747.68(7), 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).Wis. Admin. Code Department of Natural Resources § NR 747.69
CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (c), (4) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (a) to (c), (4) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.