Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 120 - Priority Watershed And Priority Lake Program › Section NR 120.27 - Suspension or termination of grant

Current through June 24, 2024
(1) SUSPENSION OF
				GRANTS.
(a)
Liability.
The
				department may suspend state liability for work done under a grant after
				notification is given to the grantee in accordance with the provisions of this
				subsection. Suspension of state liability under a grant shall be accomplished
				by the issuance of a stop-work order.
(b)
Stop-work order
				issuance.
1. The department may
				issue a stop-work order if there is a breach of the grant agreement.
2. Prior to the issuance of a stop-work
				order, the department shall meet with the grantee to present the facts
				supporting a decision to issue a stop-work order.
3. After discussion of the department's
				proposed action with the grantee, the department may issue a written order to
				the grantee, sent by certified mail, return receipt requested, requiring the
				grantee to stop all, or any part of the project work for a period of not more
				than 45 days after the order is delivered to the grantee, and for any extended
				period to which the parties may agree.
(c)
Stop-work order
				components.
A stop-work order shall contain all of the following:
1. A description of the work to be
				suspended.
2. Instructions for how
				the grantee may acquire materials or services.
3. Guidance for action to be taken on
				contracts.
4. Other suggestions to
				the grantee for minimizing costs.
(d)
Suspension period.
1. Upon receipt of a stop-work order, the
				grantee shall comply with its terms and take all reasonable steps to minimize
				the incurrence of costs allocable to work covered by the stop-work order during
				the period of work stoppage.
2.
				Within the suspension period, the department shall do one of the following:
a. Cancel the stop-work order, in full or in
				part.
b. Terminate grant assistance
				for the work covered by the stop-work order under sub. (2).
c. Authorize resumption of work.
(e)
Stop-work
				order cancellation or expiration.
If a stop-work order is canceled or
				expires, the grantee shall promptly resume the previously suspended work. An
				equitable adjustment may be made to the grant period, the grant amount or any
				combination of these items. The grant award may be amended accordingly, if all
				of the following conditions are met:
1. The
				stop-work order results in an increase in the time required for completion or
				an increase in the grantee's cost properly allocable to the performance of any
				part of the project.
2. The grantee
				asserts a written claim for an adjustment within 60 days of cancellation of a
				stop-work order or authorization to resume work.
(f)
Ineligible costs during
				suspension period.
Costs incurred by the grantee or its contractors,
				subcontractors or representatives, after a stop-work order is issued by the
				department, which relate to the project work suspended by the order and which
				are not authorized by this section or specifically authorized in writing by the
				department, are not eligible for reimbursement.