Exemptions from competitive public bidding

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. (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.