Wis. Admin. Code Department of Natural Resources NR 153.23

Current through October 28, 2024
Section NR 153.23 - Cost containment
(1) Governmental units as providers of cost-share agreements shall identify and agree to use one or more of the following cost containment procedures for each best management practice identified in the runoff management grant agreement.
(a)Average cost. Based on past cost information, a governmental unit determines an average cost per unit of materials and labor for the installation of a best management practice which may not be exceeded. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
(b)Range of costs. Based on past cost information, a governmental unit establishes a cost range for the installation of a best management practice. Eligible costs may not exceed the maximum cost of the range. A governmental unit may use its own experience, or information obtained from the department or other sources, to estimate typical costs.
(c)Competitive bidding. A governmental unit requires the landowner or land operator to request bids from contractors for the installation of a best management practice. The cost-share payment shall be calculated based on the lowest bid meeting acceptable qualifications. The governmental unit shall identify criteria for determining acceptable qualifications. The landowner or land operator may select a qualified contractor other than the low qualified bidder, but shall contribute 100% of the difference between the bids.
(d)Maximum cost-share limit. A governmental unit or the department establishes a maximum cost-share rate limit not to exceed the rates specified in ch. NR 154 for installation of a best management practice.
(e)Force account. A governmental unit hires or assigns its employees to install a best management practice for landowners and land operators if the employees are able to perform the work at a cost lower than the private sector.
(g)Other cost containment procedures. If a governmental unit determines another cost containment procedure would be at least as or more effective than the cost containment procedures described in this subsection, it shall include the alternative in the project application and the department shall include the alternative in the runoff management grant agreement.
(2) The cost-containment procedures in this section shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners or land operators installing best management practices:
(a) All sources of local share donation shall be indicated in the project application submitted under s. NR 153.17.
(b) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.
(c) The value of donated equipment may not exceed the equipment rates for highways established by the Wisconsin department of transportation.

Note: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.

(d) The value of donated materials and services may not exceed market rates and shall be established by invoice.

Wis. Admin. Code Department of Natural Resources NR 153.23

CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (e) (title), r. (1) (f) Register December 2010 No.660, eff. 1-1-11.