(6) All expenses for time and material reimbursement shall be documented on a monthly basis, or as otherwise directed by the director, with a copy of the original bill provided to the director by the claimant.
(a) the claimant shall provide documentation that claimed costs and associated work were reasonable, customary, and legitimate in accordance with Section R311-207-5 and Subsections R311-207-4(8).
(7) For time and material reimbursement, before receiving payment under Section 19-6-419, the claimant must provide proof of past payments for services or construction rendered, in a form acceptable to, or as directed by, the director, unless the director has agreed to other arrangements.
(a) the responsible party remains primarily liable, however, for all costs incurred and should obtain lien releases from the company or contractor providing material or performing services.
(8) For time and material reimbursement, documentation of expenses for construction or other services provided by a subcontractor retained by a consultant or contractor must include one or more of the following items:
(a) a minimum of three competitive bids by responsive bidders. For a bid to be competitive:
(i) two of the bids must be from bidders who are not related parties;
(ii) bids must be submitted on the appropriate standardized Bid Summary form in accordance with the "Cost Guidelines for Underground Storage Tank Sites" document dated June 3, 2021, herein incorporated by reference;
(iii) the bid specifications shall contain a clear and accurate description of the technical requirements for the material, product or service and shall not contain features which unduly restrict competition; and
(iv) the bid specifications shall include a statement of the qualitative nature of the material, product or service to be procured, and, when necessary shall set forth those minimum essential characteristics.
(b) sole source justification; or
(c) other documentation as required or requested by the director to document expenses are reasonable, customary, and legitimate.
(9) In accordance with Section 19-6-420, the director may not authorize payment from the Fund for services provided by consultants, contractors, or subcontractors which are not in compliance with the requirements of Rule R311-207 or any other applicable federal, state, or local law.
(10) Any third party claims brought against the responsible party or any occurrence likely to result in third party claims against the responsible party as a result of the release must be immediately reported to the State Risk Manager and to the director.
R311-207-5. Customary, Reasonable and Legitimate Expenses.
(1) Costs claimed by the claimant in accordance with Subsection 19-6-419(1) must be customary, reasonable, and legitimate, and must be expended for customary, reasonable, and legitimate work, as determined by the director.
(2) The director may determine the amount of Fund monies that will be reimbursed to a claimant for items including, but not limited to, labor, equipment, services, and tasks established according to the provisions of Section R311-207-7, the Cost Guidelines document, or such other methods that are applicable to the item or task.
(3) As conditions require, costs of the following activities may be considered to be customary, reasonable, and legitimate:
(a) performing abatement;
(c) site assessment;
(e) corrective action activities;
(f) providing alternative drinking water supplies; and
(g) settling or otherwise resolving third party damage claims and settlements in accordance with Section 19-6-422.
(4) If a claim that does not comply with the requirements of Rule R311-207 or the Cost Guidelines is returned by the director to a claimant or consultant for correction, the claimant or consultant shall not claim for reimbursement the costs expended to correct and re-submit the claim.
(5) The Fund may reimburse a responsible party or other eligible claimant for the use or purchase of the consultant's originally designed and manufactured equipment provided the cost is customary, reasonable, and legitimate as determined by the director.
(a) the rate of reimbursement shall not exceed the consultant's direct labor hours for manufacturing at specified fixed hourly rates and the materials at cost to the consultant. Material costs shall include:
(i) adjustments for all available discounts;
(iv) allowances which the consultant reasonably should take under the circumstances; and
(v) credits for proceeds the consultant received or should have received from salvage and material returned to suppliers.
(b) in no event shall the price paid by the Fund exceed the sales price of comparable equipment available to other customers through the consultant or through another source.
(c) the consultant's claimed direct labor hours for manufacturing and costs shall be documented through time sheets, original invoices, or other documents acceptable to the director.
(d) no reimbursement will be made for labor hours and costs associated with development, patenting, or marketing.
(6) The director may audit or commission an audit of records supporting request for reimbursement or payment at any time.