Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.17 - Award of contracts

Current through June 24, 2024
(1) The department shall award contracts to
				the lowest qualified responsible bidder which results in the lowest total
				construction cost for the project if such amount does not exceed the available
				funds authorized for the project.
(2) The lowest qualified responsible bidder
				shall be determined utilizing all of the following criteria:
(a) The lowest bidder is one whose bid
				contains the lowest total dollar amount when compared with other bids submitted
				for the same work.
(b) A qualified
				bidder is one who meets all of the following conditions:
1. Has completed one or more projects of at
				least 50% of the size or value of the work being bid and of the type of work
				completed similar to that being bid. If other experience requirements, other
				than size or value of past work is deemed necessary by the department, such
				requirements shall be described in the bid specifications.
2. Has access to all necessary equipment and
				has the organizational capacity and technical competence necessary to perform
				the work properly and expeditiously.
3. A joint venture consisting of 2 or more
				contracting firms organized for the purpose of entering into an environmental
				construction contract as a single entity shall be considered a qualified
				bidder, if the assignment of and provisions for continuity of the various
				responsibilities within the joint venture are agreed upon prior to award of a
				contract and further providing that one of the individual firms constituting
				the joint venture is a qualified bidder as specified in this
				paragraph.
(c) If the
				project is of such magnitude as to limit competition as a result of the
				conditions established for qualification, the department may waive any
				conditions for qualification.
(d) A
				responsible bidder is one who meets all of the following criteria:
1. Maintains a permanent place of
				business.
2. Provides a sworn
				statement upon request, which shows the bidder has adequate financial resources
				to complete the work being bid, as well as all other work the bidder is under
				contract to complete.
3. Is
				bondable for the term of the proposed contract.
4. Has a record of satisfactorily completing
				past projects. Criteria considered in determining satisfactory completion of
				projects by contractors and subcontractors shall include:
a. Contracts completed in accordance with
				drawings and specifications.
b.
				Diligently pursued execution of the work and completed contracts according to
				the established time schedule and department authorized extensions.
c. Fulfilled guarantee requirements of the
				contract documents.
d. Established
				and diligently maintained a satisfactory affirmative action program in
				accordance with the contract provisions.
5. Is not presently on an ineligible list
				maintained by the department of administration for noncompliance with equal
				employment opportunities and affirmative action requirements as provided in s.
				16.765(9),
				Stats., is not presently on an ineligible list for wage rate violations, or on
				a federal debarred list if the project is federally funded.