-------
EXHIBIT 3.21 (Cont.)
it.
Soncn/Otic*
Chief. HWPB
Oi«
Director, HWMD
Funei list«a in aiock 1 2 ind Btact 1 5 fit tnrl *r« 1 Dan
avotlao* and r9*Muft of Ctnifting OH***
FCC
1 7 DM* Of OnMr
O"i** NutnCMr
19 Co«tf«e< f»u^o
63-01-8060
22 Or-ver; ;a FOB Po;ft 9* Qn or war* tO*t*: 23
25 TytM of Or-M) PTVVKMM •diiiom •<•
rarr i-MocuMCMorr nixcoMTitACTma o**«cai
3-62
-------
EXHIBIT 3.22
Close Out Work Assignment - Decrease LOE,
Increase Budget
Prepares WAF
(Completion)
(3)
CO
Completes and
Signs WAF
Completes PR
Signs WAF
STEPS
ACTIVITIES
Contractor prepares WAF stating that project is
complete
Submits WAF and OF-60 to RPM/PO
FtPM completes WAF
Decreases LOE and Increases budget to match final
approved work plan
Signs and submits to PO for signature
CO signs WAF, dosing out WA
Contractor prepares WACR and final invoice
Submits to RPM/PO, who in turn complete
a WACR
3-63
-------
EXHIBIT 3.22 (Cont.)
USEPA
WORK ASSIGNMENT FORM
8ATL-
ft
eoMTVcrai comma*
«TDI»
t OCKMOTONCFACnOM
a
•
nua
EPA MOO*
txajwrrtM
a
n
U
>OOai*«THi
8*1*001
XO ATTACMIINn)
Cma* iVmm
TOTAl fU«M
TMSACTBN ,
TOTAL
MTHMBjOOT
rriowcAi n •
(TW««CJ«.
3/5" 2;,?
E0V«mj« UMT A) •
(TKMflCN. A *
u»
t. HMCMMTOiaATI
cuwerr.
-f-Lt
^^ ^^'
aa^
ri i
ATTACH STATEMENT OF WORK
(KM OEjcnmcN cr Aero*
RNAL CHECKS
1. Total funding received 10 date goes on me 'CURRENT lines of total funding received ana aoorovea work olan
budget.
2. Total funding ana LOE being aoced or deobligated go on me "THIS ACTION' lines of 'TOTAL FUNDING RECEIVED'
ana 'APPROVED WORK PLAN BUDGET".
3-64
-------
EXHIBIT 3.22 (Cont.)
m tor <
oEF
---' ••*
• *"" "'**"• Lee Snith l/'24,-36
>. m Proeuremflnt
f* Request/Order SH-SOO
a>0"*'~a/^ ^L^z-
4 TUMI ijri Mumo** i 0«t* t*«i» «««w*r«4
214/555-8700 ASA?
L.nB.y
68/20X8145 22
0 Oocwn««ni |
10 »*4- Cd* it *i IXTJ^^ n,rx,
BA-iGC 214/555-9000
NOTE: ittm 1 2(01 Oocum*m Typ* — Contrvct * C.
^UfCtt*** OrO*f * '^"
OOMCI ; Amowm mi
!8H* *pti; • Oo*i«f« ' C«m-
a AJIULU.: , 8TFA06MKC6 i "- = 1,059 iCC
i
800
nal 1
Commmcd t
• 100 «nt ww
C»« Cf»o
If AporovM
Chief, HWPB
« .roo^, M.n^.n,.n, O«.c.,/ 0«^nM 0.,.
I Oivmon/Otficf Oatt It Otr*«f iSotcityt Oat*
Director, HWMD
c Funds IISIM in 8>oc* 1 2 ana Bloc* 1 5 tit tnrf in Data
•vBilaW* and r«««rv«d tSigntturt at Cm/tying Off'Ci* F
FCC
l 7 Oat* ot O'W ' ! * O"1*' Nu'-'O*'
i
63-01-3060
21 POfl Point 22 Oe"v«-v !3 f09 Po-.rt 9v 0/» o^ Effort lOttt
24 Conirac
2J »..„- T...-, 0..' Quc,.e,r0P-c-«NO
25 Typt 0' O'Ot* *t*t« »oc« vouf quote r5«* 0'OC« 2J;
-^^~;:=::kd^-
c IO-., 2*..w 2 Co.-.....,,
2« >eti» QU«AIII*
&^*r*a: Unit : untt *»<• ; ^w* Amowm 1 *£C*p»»»a
iet (d) ' r
CPA Font t*OO • (*»v (-Ml rrcnioiK Mituxo •>• OMOUK
1-MOCUWMCMT "LtCOVTRACnMa O*=BCER
3-65
-------
CHAPTER 4
WORK PLAN REVIEW AND APPROVAL
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
Work
Plan
vlemorandurr
1
f
/Vork
Plan
Two Different
Plans To
Review And
Approve
1. Work Plan Memorandum*: Five to six page
document submitted by the contractor to the
RPM within 15 days of receiving the work
assignment specifying the approach, LOE,
budget and schedule for completing interim
tasks in the SOW
Complete Work Plan: Document submitted
by the contractor to the RPM within 30 days
of receiving the work assignment specifying
the approach, LOE, budget and schedule
for completing all the remaining tasks in the
SOW
WORK
No changes in
Interim SOW
Tasks or LOE
Budget
PLAN MEMORANDUM
Work Plan
Memorandum
Changes in
Interim Tasks
or LOE/Budget
(3)
Acknowledg.
ment
WAF (Interim
Amendment)
Work Plan
Memorandum
. .Contractor]
Reviews and Approves the
Approves the WAF (Interim
Interim Amendment)
Amendment
*The Work Plan Memorandum is not used in all Regions
and is, therefore, a Region-specific requirement.
4-1
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(cont'd)
STEPS
Note:
Notes:
Work
Plan
Memorandum
ACTIVITIES
• Contractor prepares Work Plan Memorandum
(WPM), which describes approach to
accomplishing interim tasks in the SOW and
presents LOE/budget estimates and
deliverables schedule for interim tasks
• Submits WPM to RPM/PO for review and
approval
• If a modification is needed (e.g., change in
scope, LOE/budget, or schedule), contractor
also prepares a revised WAF (Interim
Amendment)
• Submits revised WAF (Interim Amendment)
along with WPM to RPM/PO for review and
approval
(RPM should work closely with
the contractor in preparing the
WPM to make sure it is
completed within 15 days of
receiving the WA and to answer
any questions the contractor
may have)
• RPM/PO review and approve WPM (an-j revised
WAF Interim Amendment, if submitted)
(Details on "how to" review the
WPM are covered in the ARCS
Contracts Users' Manual,
Appendix IV, pages IV-25 to 28.)
(A procurement request is
required if a WAF Interim
Amendment has been submitted
that changes the budget)
(Review and approval of WPM
should take no more than 5 work
days)
4-2
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(confd)
Work
Plan
Memorandum
STEPS
ACTIVITIES
Note:
If only WPM has been submitted, RPM/PO
acknowledges receipt of WPM from
contractor in writing and submits to CO
for final approval
If WAF (Interim Amendment) is submitted
with the WPM, RPM/PO completes the
WAF (no need to acknowledge receipt of
WPM)
Submits WPM and WAF (Interim
Amendment) to CO for review and approval
CO reviews and approves the WPM and
WAF (Interim Amendment)
(Instructions on "how to" complete
the WAF Interim Amendment are
located in Appendix IV, page IV-15
of the ARCS Contracts Users'
Manual)
4-3
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(confd)
Work
Plan
Memorandum
WPM Review Tips'
• Make sure the
WPM addresses
each interim task in
the SOW
• Note any
discrepancies &
discuss with
contractor Site
Manager
• Make sure
LOE/budget do
not vary
substantially from
those authorized
in SOW
• if they vary by 50%
or more, discuss &
resolve
differences with
contractor Site
Manager
• Make sire
schedule matches
that in the SOW
• Note any
discrepancies & >
discuss with Site
Manager
WORK PLAN
MEMORANDUM
Scope of Work for
Interim Tasks
LOE/Budget Estimates
for Interim Tasks
Schedule of Deliverables
for Interim Tasks
Determine
acceptability of
contractor's
' approach
Note any desired
changes to the
scope & discuss
with contractor Sitf
Manager
Is the proposed
amount of
LOE/budget
reasonable and
^appropriate for
accomplishing the
interim tasks?
Is the labor mix
(P-levels)
reasonable &
appropriate?
Is the schedule for
completing interim
ktasks appropriate?
Note your desired
changes to
schedule & discuss
with Site Manager
* The RPM should maintain on file all documentation related to WPM review
4-4
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(1) Work Plan
(Contractor
STEPS
Notes:
Notes:
-WContractor]
WAF
(Final Work
Plan Approval)
ACTIVITIES
• Contractor prepares work plan including an
OF-60 or an SF-1411 and a WAF (Final Work
Plan Approval)
• Submits to the RPM/PO for review and approval
(RPM should stay in contact with
the Site Manager during work
plan development to answer
questions and resolve issues
that arise)
• RPM reviews work plan from the standpoint of
technical quality, budget and schedule
• Signs the WAF
• Submits to PO for review and signature
(Details an "how to" review the
work plan can be found in the
ARCS Contracts Users' Manual,
Appendix IV, pgs. IV-25 to 28)
(Be sure that the total funding
specified in the plan is within
that of the original PR)
• PO reviews work plan and signs WAF
• Submits copy to CO
• CO reviews Work Plan, focusing on cost issues
• If necessary, conducts cost negotiations with
contractor
• Signs WAF
• Submits WAF to Contractor
"4-5
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(cont'd)
Tips for Reviewing Technical Quality of Work Plans
SOW
Taskl
Task 2
Task3
Task 4
- Conduct Site
Investigation
- Analyze SI Data
- Conduct
Literature Search
- Prepare Testing
Plan
Worfc Plan
Task 1 - Conduct Site
Investigation
Task 2 - Analyze SI Data
Task 3 - Conduct
Literature Search
Task 4 - Prepare Testing
Plan
1. Compare the tasks in the Work Plan with those in the SOW and
note; any discrepancies
2. Review the methodology for accomplishing each task and assess
its adequacy and effectiveness
• Proposed sampling plans for water, soil and air
• Spacing and depth of soil borings and monitor wells
• Types of analyses proposed
• Use of bench and pilot scale studies
• QA/QC plan
3. Note any desired changes to the technical approach and discuss
with the contractor Site Manager
4-6
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(cont'd)
Work
Plan
Tips for Reviewing Work Plan LOE and Budget
sow
Labor:
Title Level Mrs Cost
Director P-4 400 10,000
Engineer P-4 100 3,000
Researcher P-3 1,000 20,000
Assistant P-2 400 6,000
1,900 39,000
Overhead
ODCs Travel
G&A
The following is a suggested
skills mix for this Work
Assignment:
Director (P-4) 300 hrs,
Researcher (P-3) 800 hrs,
Assistant (P-2) 250 hrs.
Writer (P-2) 150 hrs,
1. Compare the LOE in the Work Plan with that in the SOW; if there is a
significant difference, does the proposed LOE seem appropriate and
reasonable?
2. Compare the staffing mix in the Work Plan with the effort required in the
SOW; is it appropriate and reasonable?
• Are key personnel qualified?
• Are they over-qualified for the task?
3. Is the proposed amount of travel reasonable and in accord with the SOW
requirements?
4. Are ODCs broken down? Is each component reasonable?
4-7
-------
Chapter 4
WORK PLAN REVIEW AND APPROVAL
(cont'd)
Work
Plan
Tips for Reviewing Work Plan Schedule
Tasks
Due
Date
1. Work Plan 12/15
2. Lit. Search 1/15
3. Draft Report 2/10
4. Final Report 3/15
Work
Tasks
Due
Date
1. Work Plan 12/15
2. Lit. Search 1/15
3. Draft Report 2/10
4. Final Report 3/15
1. Compare the due dates in the Work Plan with those in the SOW and
note any discrepancies
2. If differences exist, are they justified? Is the proposed schedule
appropriate/too generous/too ambitious?
3. Do task durations seem reasonable?
4. Do resource conflicts exist?
5. Does the sequence of tasks seem appropriate?
6. Are events scheduled in appropriate seasons?
4-8
-------
CHAPTER 5
OVERSIGHT AND TECHNICAL DIRECTION
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
Progress
Report
Technical
Directive
Definition • Oversight is monitoring of the work assignment's
technical and financial progress.
• Technical Direction is guidance from the RPM to
the contractor that is intended to assist the
contractor in accomplishing the SOW.
Oversight
Methods
8 Review reports and deliverables
• Communicate frequently with the contractor
- Meetings
- Telephone
0 Visit the site
0 Conduct evaluation of contractor performance
References
•Additional detailed information on "how to"
conduct work assignment oversight can be
found in the ARCS Contracts Users' Manual,
Appendix IV, pages IV-29 to 34.
5-1
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(cont'd)
,
Progress
Report
L_
¥SSxSSSSft;:JgfftSS«ft
Deliverable
Tips for Reviewing Progress Reports
Compare planned
dates of deliverables
with actual dates
Note any
discrepancies and
inform contractor Site"
Manager
Make sure that
what is stated in
the report was
actually performed,
Note any problems
and resolve with
contractor Site
Manager
Compare
estimated vs.
actual costs
Note any
discrepancies and
resolve with
contractor Site
Manager
Check hours
charged by
P-Level to make
sure they are
reasonable for the
work performed
during the month
\
/
Technical work performed
by WA vs. planned work
Meetings held between the
contractor and EPA
Deliverables submitted
Dates deliverables
submitted (actual vs. ,
planned)
/•
\
lElirranciall
Work hours proposed vs.
actual estimated to :
completion
Funds budgeted vs. actual
(period vs. cumulative) vs.
estimated to completion
(by task) and variance
Cost per hour
Summary of travel
(budgeted vs. actual)
Summary of ODCs
(budgeted vs. actual),
description & breakdown
Subcontract costs (by
subcontractor-budgeted
vs. actual)
5-2
v.
k
Compare work
that was
performed with
work that was
planned
Note any
descrepancies
and inform Site
Manager
Review problems
that are stated in
the report and
assess their
impact on WA
progress
Note any impacts
and discuss with
Site Manager
Check
percentage of
work completed
with budget
remaining to
complete the job
Note any
problems and
discuss with Site
Manager
Check to make
sure that costs
incurred are
reflective of work
performed
Note any
problems
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(cont'd)
Deliverable
Tips on Reviewing Deliverables
1. Do the deliverables meet the requirements that were
, established in the SOW?
2. Is the content complete?
Is it accurate, including quantitative data?
Is H clear and understandable?
3. Is the statistical analysis correct?
Does it make sense?
Does it support the conclusion?
4. Are the deliverables submitted on time per the
requirements in the SOW?
5-3
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(cont'd)
Tips for Communicating with the Contractor
1. Establish a routine for communication with the contractor
2. Check for changing circumstances
3. Check for mutual understanding of progress
5-4
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(cont'd)
SITE VISIT
Tips on What To Inspect
1. Adherence to schedules
2. Activities completed
3. Assignment of personnel
4. Use of facilities
5. Use of equipment
6. Financial records
5-5
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(cont'd)
Tips on Evaluating Contractor Performance
llilliili
Description:
Overall
Evaluation:
Date: Signature:
Date:
Signature:
lli^irliisiiiimlnll
iiliiiiiiil!iiilil§liii
Contractor:
Scope of
Work:
Site
Manaqer.
Performance:
Problems:
Phase i
Date:
Phase ii
Signature:
.1. Provide sufficient detail and explanation of the contractor
performance to support the evaluation rating given
2. Use examples of meritorious or deficient performance to document
"high" and "low" ratings
3. Provide sufficient detail regarding the quality of the contractor's
performance
5-6
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(Cont'd)
Technical
Directive
Form
Technical
Direction
Guidelines
• Refrain from discussing or divulging to the
contractor any information relevant to a work
assignment prior to issuance
« Never authorize work to begin before issuance of
a work assignment
• Do not give direction that will affect the terms and
conditions, cost, LOE, or schedule of the
assignment
• Do not direct the contractor to perform services
"inherently governmental" in nature (e.g., making
policy)
» Beware of creating an employer/employee
relationship
Personal • A personal services contract results when the
Services Governent assumes the right to instruct,
Are Illegal supervise or control a contractor's employee in
how that employee performs the work
• It is the contractor's right to hire and fire, to assign
and organize the work
• RPMs must take care not to cross the line from
surveillance to supervision
. The RPM can tell the contractor "what" but not
"how"
5-7
-------
Chapter 5
OVERSIGHT AND TECHNICAL DIRECTION
(Confd)
Technical
Direction
Must Not:
• Institute additional work outside the work
assignment scope
° Constitute a change in the work assignment
° Increase or decrease estimated cost of the work
assignment
• Alter period of performance
The RPM
Must:
Additional
Information:
NEVER direct that any portion of work should be
performed by subcontratorrather than-prime
contractor
NEVER direct prime to subcontract with a
specific firm
NEVER consent to a subcontract -- only the
Contracting Officer can give consent
NEVER provide technical direction to a
subcontractor
Issue direction IN WRITING, OR must-CONFIRM
verbal direction given IN WRITING WITHIN FIVE
CALENDAR DAYS
Details on "how to" provide technical
direction to ARCS contractors can be
found in the ARCS Contracts Users'
Manual, Appendix IV, pages IV-35 to 37.
5-8
-------
CHAPTER 6
CONTRACTOR PERFORMANCE EVALUATION
-------
Chapter 6
CONTRACTOR PERFORMANCE EVALUATION
Award Fee
Plan
Financial incentives are provided to
ARCS contractors through the
Cost-Plus-Award-Fee (CPAF) Plan,
which is used to compensate the
contractor with an "award fee* based
on an assessment of technical
and program management performance.
A flow chart depicting the ARCS award
fee process is shown on page 6-3.
• RPMs are responsible for evaluating contractor
Responsibilities performance each trimester by completing the
. forms shown on pages 6-4 to 6-9.
In completing these evaluation forms, the RPMs
should ensure that:
- Sufficient detail is provided to justify the ratings
s provided
- The ratings provided are commensurate with the
ratings justification provided
Evaluation
Criteria
and Ratings
The evaluation criteria used to assess
contractor performance consist of:
- Project planning including the
development of work plans, project
cost estimates and schedules, and
screening for organizational conflicts
of interest
6-1
-------
Chapter 6
CONTRACTOR
(Cont'd)
Evaluation
Criteria
and Ratings
(Cont'd)
Additional
Information
PERFORMANCE EVALUATION
- Technical competence and innovation^
including effectiveness of analyses,
accomplishment of objectives,
adherence to regulations and procedures,
ingenuity and creativeness of approach,
and support to other organizations
- Schedule and cost controj including ability
to minimize costs, maintain planned budgets
and schedules, and adjust priorities or schedules
- Reporting including timeliness, thoroughness,
and clarity of deliverables
- Resource utilization including the ability to
efficiently obtain and assign staff,
subcontractors, and equipment
- Effort including contractor responsiveness,
the ability to mobilize staff and equipment
in a timely manner, and effective day-to-
day project management
Each of the following criteria is rated according to the
following scale:
"5" - Outstanding
"4" - Exceeded Expectations
"3"- Satisfactory
"2" - Marginal
"1" - Unsatisfactory
Additional details on the award-fee process,
including information on evaluation criteria
and rating guidelines, can be found in the
ARCS Contracts Users' Manual, Chapter 3,
pages 3-1 to 3-25.
fi-?
-------
CHAPTER 6
CONTRACTOR PERFORMANCE EVALUATION
PERFORMANCE EVALUATION PROCESS
PrepareTWACRs
And RES
Receives
Award
Prepares RES
and SER and
Sends to PO
Pre|
PE
RPM
1 ,
1 *
PO
fe.
PEB
1 ^
. pi
PO
CO
fe.
FDO
Dares WACRs • Reviews WACRs and • Reviews Evaluation Forms Prepares Fee • Verifies Numbers • Makes Rna
'Rs and RES PERs and Prepares and Recommends Award Fee Decision and Fee Determination
RES and SER Rationale Report • Prepares Award
• Reviews and Approves the and Sends to CO Fee Letter • Issues Letter
• Develops PIRS PIRS to the Contractor
KEY:
• Prepares Performance
Evaluation Package and
Sends to PEB Members
SM = Site Manager (Contractor)
RM = Regional Manager (Contractor)
RPM » Remedial Project Manager
PEB = Performance Evaluation Board
PO = Project Officer
CO = Contracting Qjfcer
FDO = Fee DeteJMtion Official
PIRS =» Performance Index Rating Score
WACR = Work Assignment Completion Report
RES = Regional Evaluation Summary
PER = Performance Event Report
SER = Summary Evaluation Report
-------
EXHIBIT 6.1
Hypothetical Example of
Completed Performance Event Report
PAGSlofa
AWARD FEE PERFORMANCE EVENT REPORT
PART 1: EVENT DESCRIPTION AND OVERALL EVALUATION
CONTRACTNO. CONTRACTOR WANO.
68-01-8060 XYZ INC. 131-9L78
DATES OF REPORTS) EVBIT: NO. OF HOURS THIS PERIOD
FROM: 1/1/87 TO: 4/30/87 1,000
COSTS THIS PERIOD
3100,000
CONTRACTOR CONTACT PHONE NO. RPM PHONE NO.
fji i 1 TOPOS (415)555-7300 Marv Doe (415)555-6565
DESCRIPTION OF PERFORMANCE EVENT The contractor conducted the first phase of an P.I
including an initial site visit, a soil-gas survey, ambient air sampling, and
shallow-soil sampling. The focus of these activities was the ABC sice, a former
disposal area for over 2,000 drums of waste solvents and paint sludges.
OVERALL PERFORMANCE EVALUATION The contractor misjudged the amount
of time that would be required to conduct all the activities
associated with the first phase of the RI. The air and soil
samplings took twice as lo.ng to complete than expected, resulting
in costs that were $40,000 over the planned amount. This was
due largely to a miscalculation on the part of the contractor
as to the complexity of conditions at the site, which should
have been ascertained during the initial site visit. In addi-
tion, the contractor assigned inexperienced personnel to the
site, and this contributed to the unnecessary delays in co=pletin
the air and soil sampling.
PROJECT
PLANNNG -
TECHNICAL
COMPETENCE
& INNOVATION -
SCHEDULE &
COST CONTROL
REPORTING :
RESOURCE
UTILIZATION
EFFORT
DATE RPM SIGNATURE OVERALL RATING
PO ASSESSMENT & CERTIFICATON
I agree with the RPM's assessment and recommend that in the future the contractor
be more meticulous and comprehensive ir. its initial site ir.spectior. and assessrr.e.-.c
as well as its assignment of appropriate and experienced personnel to complete tr.=
job on time and within budget.
DATE PO SIGNATURE RATING
6-4
-------
EXHIBIT 6.1 (CONT.)
Hypothetical Example of
Completed Performance Event Report
PAGE 2 of:
AWARD FEE PERFORMANCE EVENT REPORT
PART II: EVALUATION CRITERIA SCORE SHEET
CONTRACTNO. CONTRACTOR WANO.
68-01-8060 XYZ INC. n'-9L78
PERFORMANCE CflfTERtA
PROJECT, PLANNWQ
• ORGANIZING (EG.. WORK PLAN
DEVELOPMENT. DATA REVIEW)
• SCHEDULING
• BUDGETING
TECHNICAL COMPETENCE & INNOVATION,
• EFFECTIVENESS OF ANALYSES
• MEET PLAN GOALS
. SUPPORT 006. STATE- ENFORC.
• ADHERE TO REGS. & PROCEDURES
• APPROACH CREATIVITY/INGENUITY
• EXPERT TESTIMONY
SCHEDULE i COSTCONTPOL
• BUDGET (HOURS 4 COST) MANT.
• PRICflrTY/SCHEDULE ADJUSTMENTS
• COST MINIMIZATION
REPORTING
. TIMELINESS OF OEUVERABLES
• CLARITY
• THOROUGHNESS
RFgOURCE UJILIZATTO^
• STAFFING
• SUBCONTRACTING
• EQUIPMENT. TRAVEL. ETC.
EFFORT
• RESPONSIVENESS
• MOBILIZATION
• OAY-TO-OAY
• SPECIAL SITUATIONS (EG.. ADVERSE,'
DANGEROUS CONDfTTONS)
RATMG
5
4
3
2
—* 1
5
4
3
x 2
1
5
4
3
2
5
• 4
3
* 2
1
5
4
3
2
5
4
3
2
x •
SUPPORTING COMMENTS
The contractor failed to accurately assess
the difficult r.ature and complexity of site
conditions during the initial site visit,
resulting in a considerable miscalculation
in the amount of time and aoney and in the
type of staff needed to do the job.
Sorr.e of the air and soil samples had to be
repeated due to the assi7r_T.ent of inexper-
ienced personnel to a relatively compli-
cated job.
The planned budget and srr.edule were not
met due to a poor project planning and
management effort. Actual costs exceeded
planned costs by more tr.ar. 340,000; the
job took two nonths loncer than plan^^^
The report on the Phase : SI was two months
late due to inexperienced contractor staff
and to delays in completi.-.g field sampling.
The contractor assigned i-ex?erier.ced and
inappropriate staff to dc the sa— pling at
a relatively complex site. As a result,
samples had tc be repeat;:, and reports
had to be rewritten.
Although the contractor "bilized its
initial staff on time, tr.ese staff even-
tually had to be replace! because of -heir
;"excei"^e'tcei '.lob1"'"*'"" oc'°e'' ""o *~ ^ ~ v
r.eriencec star: was a r.rrrlerr. :cr the con-
tractor and was not achiived u.-.til eicht
weeks into the project.
6-5
-------
EXHIBIT 6.2
Hypothetical Example of
Completed Work Assignment Completion Report
PAGE lot 3
EPA WORK ASSIGNMENT COMPLETION REPORT (WACR)
CONTRACT NO.
WORK ASSIGNMENT NO.
OONTfMCTOasUBOCHTRACIOR(S)
ABC INC.
352 Glenview Drive
Kansas City, MO 66101
EPA REGION
VII
CONTRACTOR SITE MANAGER (Htm* and Ptant No.)
Jim Smith (913) 555-3333
flPM
Jim Jones
(913)555-8110
WORK LOCATION (SH Hum* A StMf)
XYZCo. St. Louis. .'-'O
BRIEFLY DESCRB6 SCOPE OF WORK:
Conduct an RI/FS to assess the level and distribution of contamination and evaluate
appropriate remedial measures to mitigate the onsite and offsite contamination at
the XYZ Oil company Site. Conduct the RI/FS in three phases: 1) Preliminary ?.:
activities; 2)Site RI activities; and 3)Feasibility Study.
OESCRM CONTRACTORS PERFORMANCE: OveraU performance on this assignsner.t was exc6:lent.
A noteworthy example of this excellent performance occurred during the collectic-
of hazardous waste samples at the site. The contractor demonstrated excellent ver-
satility in revising a sampling program on very short notice. This was caused ':••
difficulties in negotiations between the responsible party and the State, which re-
sulted in a delay in schedule. The contractor quickly and effectivelv revised field
techniques and procedures and was able to complete a thorough investigation witrir.
the time frame imposed. Total costs for completing the RI/FS were under budget rv
20,000 and ahead of schedule by 3 weeks.
UNUSUAL PHO6LEMSOCCURRENCES AFFECHNG CONTRACTORS PERFORMANCE:
Although the RI/FS was completed ahead of schedule, there was a problem initiallv
that caused a two-week delay. Thj subcontractor originally selected to conduct
ield sampling was identifiec as having a potential conflict of interest. A cor.-
inuing delay was quickly av
STATE SPECIFIC REASONS FOR RECOMMENDATION FOR PHASE II AWARD:
Subcor.trir tor
nwwi^j^* f^m p*^^pw ftwiy w wa*^HMiH m * ww-*«w f f
Contractor exceeded planned performance on every evaluation criterion, suscor.trictc
performance was also excellent. Project site manager has done an excellent -.ob ir.
managing the team. The composition and responsiveness of the team have proven ~-~ cs
consistently good throughout the period. The contractor has identified additior.il
analyses that were not required by the WA but were very helpful in identifying s.-.i
evaluating unknown contaminants. Reports have been top-quality and have exceeded
xpectations.
RPM
Signttun t 0*f •
PO
Sqruturt t Ott»
Note: Details on determination of Phase I and Phase II award fee
available can be found in the ARCS Contracts Users' Manual,
Chapter 3, p>ages 3-10 to 3-2S7"
6-6
-------
EXHIBIT 6.2 (CONT.)
Hypothetical Example of
Completed Work Assignment Completion Report
PAGE 2 o(3
EPA WORK ASSIGNMENT COMPLETION REPORT (WACR)
PART II: PROJECT SCHEDULE AND COST INFORMATION WORKSHEET
CONTRACT NO.
68-01-8060
APPROVED WORK PLAM
AND WA AfcCNOEMENT
DATES
6/24/88
WORK PLAN APPROVAL DATE
7/18/88
AmwtdnMflM
8/10/88
Amendment 2
Amendments
TOTAL PLANNED COST
TOTAL ACTUAL COST
VARIANCE
VWRK ASSIGNMENT NO.Q8_7L37
LOE4
EXPENSE
COST
$75,000
$10,000
$15,000
3100,000
S 33,000
3 17,000
SU8CON.
TRACTNQ
POOL COST
$20,000
$ 5,000
$10,000
335,000
332,000
$ 3,000
TOTAL
PLANNED
COST
$95,000
$15,000
$25,000
3135,000
3115,000
3 20,000
EPAREGCN VII
PLANNED
COfcFLETON
CATE
12/15/88
12/15/88
12/15/88
W/////,
WM
W//M
ACTUAL
COMPLETION
DATE
11/23/88
WM:
WM
WM
6-7
-------
EXHIBIT 6.2 (CONT.)
Hypothetical Example of
Completed Work Assignment Completion Report
PAGE 3d 3
EPA WORK ASSIGNMENT COMPLETION REPORT (WACR)
PART III: PERFORMANCE CRITERIA RATING WORKSHEET
CONTRACT NO. WORK ASSIGNMENT NO. EPA REGION
66-01-8060 08-7L37 VII
PERFORMANCE CHTBtt
PROJECT PLANNINQ
• ORGANIZING (E.G.. WORK PLAN
DEVELOPMENT. DATA REVIEW)
- SCHEDULMQ
• BUDGETING
TECHNICAL COMPETENCE A INNOVATION
• EFFECTTVENESS OF ANALYSES
• • MEETPLANGOALS
• SUPPORT COE. STATE, ENFORC.
• ADHERE TO REGS. A PROCEDURES
• APPROACH CREATMTY/INGENUrrY
• EXPERTTESTMONY
grHPDHLggQOSTUUNIHtJL
• BUDGET (HOURS A COST) MAKT.
• PRIORmVSCHEDULE ADJUSTMENTS
• COSTMMMZATON
•
REPORTING
• TIMELINESS OF DEUVERABLES
• CLARrnr
• THOROUGHNESS
RFSouncj; LmuZATTQW
• STAFFMG
• SUBCONTRACTNG
• EQUIPMENT, TRAVEL, ETC.
EFFORT
• RESPONSIVENESS
• MOBILIZATION
• DAY-TO-DAY
• SPECIAL STOIATIONS (E.G, ADVERSE/
DANGEROUS CONOmONS)
RATNG
4
3
1
x 5
4
3
2
1
v 5
4
3
2
1
S
x 4
3
2
v 5
4
3
2
1
•'. S
4
3
2
1
SUPPORTNG COMMENTS
Work plan was detailed, thorough and com-
prehensive and proposed innovative and
cost conscientious strategies for com-
pleting the RI/FS. Scheduling was en-
hanced by use of ?EHT and CPM, which re-
sulted in completion of job three weeks
earlier than olanned .
Sampling techniques used were innovative
and effective. This helped to expedite
completion of field work two weeks early
and produced a complete and thorough in-
vestigation. Also, this resulted in iden-
tification and evaluation of unknown and
unexpected chemicals at the site.
Contractor's extra efforts resulted in a
$20,000 savings in WA costs. Contractor
was able to complete RI/FS with 20% less
hours than originally approved.
The site manager established an internal
quality assurance program for all de-
liverables produced and this resulted in a
top quality RI/FS veport.
WA was carried out effectively and effici-
ently. Site manager was excellent in
managing the team, including sampling
subcontractor. Staff and equipment were
mobilized ahead of schedule. Team manage-
ment resulted in top-quality ]ob that was
completed under csst and ahead of schedule.
Contractor and subcontractor -/ere mobil-
ized ahead of schedule. Contractor quickly
mobilized another subcontractor when the
first reported that it had a potential con-
flict of interest. Excellent mar.ager.ent
averted what couli have been a lengthy de-
lay in field work.
6-8
-------
O)
I
«o
EXHIBIT 6.3
Hypothetical Example of
Regional Evaluation Summary
CONTRACTOR:
XYZ It
352 GJ
KC, MC
«.
Lenview Di .
) 66101
IQNIflACTNCL; CONTRACTOR PM; PERFORMANCE EVALUATION PERIOD-
68-01-8060 Bill Jones
carui.
EPA REGIQN:
VII
PERFORMANCE EVALUATION KEY:
BEQ; m/b'
Fred Smith TO: 4/30/87
5 -OUTSTANDING 4 - EXCEEDS EXPECTATIONS 3 - SATISFACTORY 2 -MARGINAL 1 - UNSATISFACTORY
SITE
NAME
ADC Metal b
TRU Oi 1
MMM Co.
WORK
ASSIGNMENT
NUMBER
08-71.18
00-71.HU
08-71.99
NUMERIC
RATING
4
4
2
COMMENTS
Assignment was carried out effectively and efficiently. Staff was en-
thusiastic and worked long hours to produce excellent community relations
plan. Management of work assignment resulted in high quality product.
Contractor's extra efforts resulted in an estimated $10,000 savings in
WA costs. Contractor was able to complete the project with 20* less
hours than originally planned.
Contractor's work performance was well below average. Inadequate RI/FS
report was submitted. Costs wore $10,0.00 over budget anil schuilnlu slipped
by onu moid It .
SIGNATURE ^^ DATE
-------
CHAPTER 7
INVOICE REVIEW AND APPROVAL
-------
Chapter 7
Contractor Invoice!
INVOICE REVIEW AND APPROVAL
Purpose of •
Invoice Review
And Approval
Methods of
Review
Determine whether charges are commensurate
with services performed
Certify that work for which payments are
claimed actually has been performed
Provide a check on possible contractor
oversights (and abuses)
Monthly progress reports (e.g., RPM could
compare cumulative total of charges reported in
the invoice with the cumulative costs reported
in the monthly progress report)
For personnel charges, RPM can verify these
charges by routinely checking what contractor
personnel are working on the project, the duties
they perform, and the length of time they
devote to the project. This information can be
cross-referenced with cost and LOE data on the
invoice.
For equipment charges, RPM must obtain
information on what equipment is being used
for the project and the length of time that each
piece of equipment is used.
Charges for expendable materials are difficult
to verify, as most verification methods cost
more in terms of time and money than are
saved in correcting errors in contractor charges.
However, periodic inventories of expendable
materials can be performed to verify contractor
charges for these materials.
7-1
-------
Chapter 7
Contractor Invoice
INVOICE REVIEW AND APPROVAL
(cont'd)
What To Costs
Review _. , ,
• Direct labor
- Review the skill mix (is it in accord
with the work plan?)
- Review the LOE expended (are
there variations of consequence?)
• Indirect rate
- Is the rate in line with that stated in
the contract?
- Is there a ceiling on that rate?
• Subcontracts
- Review the same items as for the
prime contractor
• Travel
- Transportation
- Per diem
• Equipment
- Expendable
- Non-expendable
- Rental
- Operation and maintenance
• Other Direct Costs (ODCs)
- Telephone
- Shipping
- Duplicating
- Supplies
- Computer time
- Relocation
- H & S training
- Medical monitoring
7-2
-------
Chapter 7
Contractor. Invoice
INVOICE REVIEW AND APPROVAL
(cont'd)
Costs (cont'd)
• Laboratory services
- Fixed rates
- Mobile laboratory
- Did contractor try to use CLP?
• Base/Award fees
- Is the base fee percent in line with
the contract percent?
• Current vs. cumulative totals
- Is the current monthly amount in
line with last month?
- Is the cumulative within the WA
funding?
How To • Detailed information on "how to" review and
Review approve contractor invoices can be found in
And Approve the ARCS Contracts Users' Manual,
Invoices Appendix IV, pages IV-38 to 41.
7-3
-------
CHAPTER 8
SUBCONTRACT REVIEW AND APPROVAL
-------
Chapter 8
Subcontractor
Proposal
SUBCONTRACT REVIEW AND APPROVAL
Are the subcontractor
services really necessary?
• Can they be
justified?
\
Are the proposed
deliverables the
ones that are
specified in the '
work assignment
SOW?
• Are the LOE
and budget
reasonable?
Too generous?
Too tight?
1. Technical Approach
2. Deliverables
3. Schedule
4. LOE/Budget
Is the subcontractor
better qualified than
the prime contractor
to provide the needed
services?
Is there a potential
conflict of interest
between the prime and
the subcontractor?
Does the proposed
technical approach meet
the requirements of the
work assignment?
Does the proposed
schedule match that in
the work assignment
SOW?
Is it reasonable?
Review And
Approval
Procedures
Additional detailed information on
subcontract review and approval
responsibilities of the RPM, as well as
a description of procedures, can be
found in the ARCS Contracts Users'
Manual, Appendix IV, pages IV-42 to
44.
.8-1
-------
CHAPTER 9
EQUIPMENT APPROVAL AND MANAGEMENT
-------
Chapter 9
EQUIPMENT APPROVAL AND MANAGEMENT
RPM'S
Role
RPM's
Responsibilities
» For all equipment proposed by the contractor,
ensure that the contractor provides:
- A description of the equipment and its
cost
- A list of competitive prices
- Justification as to why the Government
should allow its purchase with
Government funds
• Submit a 7-point justification (see Chapter 5 of the
EPA Contracts Management Manual. PCMD., "• r?R5)
to the CO with the following items:
- Description of program for which equipment
will be used
- Identification of equipment, estimated cost and
quantity
. - List of locations where equipment will be u^'!
- Reasons why the equipment is needed
- Reasons why it is in the Government's best
interest to supply the equipment
- Certification by the Superfund Property
Administrator that no in-house equipment is availab
- Lease versus purchase analysis
• Assist the PO in ensuring proper utilization and
disposition of Government-owned equipment
For Contractor-Owned Equipment
. Make sure the contractor supplies rental rates
that the Government will be charged when
using the equipment and that these rates are
reasonable
. Make sure the contractor supplies a lease
versus purchase analysis demonstrating the
advantages that this alternative offers the
Government
9-1
-------
Chapter 9
EQUIPMENT APPROVAL AND MANAGEMENT
(cont'd)
RPM's For Government-Owned Equipment
Responsibilities (Cont'd)
(cont'd)
. During site visits, verify that equipment is in
the possession of contractor
. Check for agency property decals and numbers
• Check if the equipment is being used properly
. Check if preventive maintenance is being
performed routinely
• See if equipment is repaired if damaged
• If equipment is stolen, make sure that the
contractor has prepared a comprehensive report
of the circumstances. The Contractor's Guide
for Control of Government Property contains
details about what information must be
reported. The report should:
- Be filed promptly with EPA's Property
Administrator
- Outline relevant and appropriate events
regarding the stolen property
— List the investigating individuals
- Have Police and Federal Protective Service
(FPS) reports attached
-- Be endorsed by the Project Officer
9-2
-------
Chapter 9
EQUIPMENT APPROVAL AND MANAGEMENT
(cont'd)
RPM's
Responsibilities
(cont'd)
For Government-Owned Equipment
(Cont'd)
If property is lost, make sure that the
contractor has prepared a comprehensive
report of the circumstances. The
Contractor's Guide for Control of
Government Property contains details
about what information must be reported.
The report should:
- Be filed promptly with EPA's
Property Administrator
— Indicate what search was made
- List what responsible individuals
were contacted in locating the lost
property
— Be endorsed by the Project Officer
Additional
Information
For excess property items, advise the Project
Officer if there is a further need for the
property in the program.
Contractor's Guide for Control of
Government Property, revised
December 1988
Chapter 5 of the Contracts
Management Manual, PCMD, 1985
Chapter 7, pages 7-11, of the
Contract Administration Course,
PCMD, 1988
9-3
-------
CHAPTER 10
ORGANIZATIONAL
CONFLICT OF INTEREST
-------
Chapter 10
ORGANIZATIONAL CONFLICT OF INTEREST
Two Maior * • ^ien work to be performed by a contractor
Concerns ma^ resu^ ™ m unfair competitive advantage
to tiie contractor
2. When work to be performed by a contractor may
impair that contractor's objectivity in doing the work
Limitation I. The ARCS prime contractor is ineligible to compete for
On Future remedial planning and implementation contracts offered
Contracting by:
• States within the Regions covered by the contract
that result from a Superfund Cooperative Agreement
without the prior written approval of the CO. The
contractor can, however, compete for State contracts
for sites that are not on the National Priority List.
• The private sector for sites within the Regions
covered by the contract that result from a SARA
consent decree or court order, unless prior written
approval of the CO is obtained.
• The private sector for sites within the Regions
covered by the contract where EPA has initiated
enforcement actions without the prior written
approval of the CO.
2. The prime contractor is ineligible to compete for
remedial action projects for which the contractor
has developed the solicitation package.
10-1
-------
Chapter 10
ORGANIZATIONAL CONFLICT OF INTEREST
(Cont'd)
Limitation 3. The prime contractor must obtain written approval from
On Future the CO before competing for any work (including
Contracting representation of a private party) pertaining to a specific
(Cont'd) site at which the prime contractor previously performed
for the Government under this contract.
4. The prime contractor must include the provisions
described above in all subcontracts and consultant
agreements.
What To • Is the contractor being asked to perform work
Look For that will affect an industry of which it is a part,
or from which it derives a substantial portion of
its income?
• Is the contractor performing an analysis for
EPA that it is also performing for a firm that
will be affected by the results of that analysis?
• Is the contractor performing consulting services
for an industry regulated by EPA at the same
time as it is under contract to EPA for any work
on the same subject?
• Do the work results provided by a contractor
appear to be lacking in complete objectivity
from any aspect?
• On any Superfund contracts, can the contractor
potentially be found liable as a responsible
party on any site for which it is being asked to
perform work for EPA?
• Is there any possibility that even the appearance
of one of these situations might undermine the
credibility of the work results in the eyes of the
general public?
10-2
-------
Chapter 10
ORGANIZATIONAL CONFLICT OF INTEREST
(Cont'd)
Procedures • Immediately notify Contracting Officer if the
To Follow answers to any of these questions are "yes".
• Do not assign work to the contractor for that
site until resolution is reached by the
Contracting Officer.
Additional
Information
Contracts Management Manual, PC
1985
10-3
-------
CHAPTER 11
STANDARDS OF CONDUCT
-------
Chapter 11
STANDARDS OF CONDUCT
Overall
Rule
Rules For
Dealing With
Contractors
• Employee should avoid any activity or situation
that creates even the appearance of impropriety
or conflict of interest.
• For example, employees may not participate,
even by advice or recommendation, in a matter
which affects their own financial interests or
those of their immediate families. This
includes matters affecting companies in which
an employee owns stock.
• Gratuities: solicitation or acceptance of gifts,
entertainment, or.favors from a contractor is
expressly prohibited.
• Projecting Confidential Business Information:
EPA personnel are not permitted to divulge any
information considered by a contractor to be
confidential to anyone outside the Government
or not having a need to know (including other
EPA employees).
_• Maintaining Impartiality: EPA employees must
treat all firms with objectivity and equal
. conduct.
n-l
-------
Chapter 11
STANDARDS OF CONDUCT
(Cont'd)
Rules For
Dealing With
Contractors
(Cont'd)
Disclosure of Procurement Information:
Project Officer and other technical evaluation
or source board members must maintain the
integrity of the competitive process and the
independence of contractors' proposals by nor
divulging any confidential procurement
information before, during or after an
acquisition.
Additional
Information
Employees must be familiar with the
conflict of interest statutes and EPA
standards of conduct in 40 CFR,
PartS. The EPA pamphlet entitled
"Guidance on Ethics and Conflicts
of Interest" discusses the standards.
In addition, "Ethics in a Nutshell",
March 1988 is useful as a quick
reference.
11-2
-------