& EPA
                     United States
                     Environmental Protection
                     Agency
                           Office of Emergency
                           and Remedial
                           Response
Expediting  Remedial
Construction
Publication:
  9355.5-02/FS
October 1989
Office of Emergency and Remedial Response
Hazardous Site Control Division OS - 220
                                            Quick Reference Fact Sheet
INTRODUCTION

Remedial action (RA) is the heart of the Super-
fund program because it is the implementation
of solutions to the environmental problems at
uncontrolled hazardous waste sites. Taking
into consideration the nature and types of
obstacles that generate delays in the remedial
action process, this fact sheet describes various
methodologies and alternatives to expedite the
remedial construction process.  While this in-
formation is applicable to all Superfund proj-
ects, it is geared toward expediting remedial
construction on small (less than $5 million)
well defined projects utilizing proven technolo-
gies.

The most obvious method to accelerate reme-
dial construction is to initiate construction
sooner, i.e., speed up the planning and design
process. Then contracting and construction
options can be explored to best enhance site
remediation. The following techniques for
expediting remedial construction are discussed
in this document:

  o  Developing a "Remedial Management Strategy"

  o  Phasing remedial design and construction

  o  Fast-tracking the remedial design and remedial
     action (RD/RA) process

  o  Contracting and procurement strategies
                         REMEDIAL MANAGEMENT STRATEGY

                         The remedial management strategy (RMS) is a
                         systematic approach used to identify and estab-
                         lish the preferred contracting strategies to be
                         used in the implementation of a remedial
                         action. The objective is to look at each of the
                         operable units that are part of the remedy
                         described in the Record of Decision (ROD) and
                         lay out a strategy for design and construction
                         that meets all of the constraints imposed on the
                         project. All limitations including weather,
                         schedule deadlines, air quality criteria, and
                         worker protection, must be identified. Once
                         the construction sequence and constraints have
                         been determined, the next step is to define the
                         contract packages that best fit the project and
                         determine the procurement method that should
                         be used, i.e., sealed bidding or negotiated. The
                         design team can then identify the type of
                         contract that needs to be procured first and
                         proceed in the most efficient manner to get the
                         designs and remedial action underway.

                         The level of effort and  the complexity of the
                         RMS will vary significantly from project to
                         project. In some cases there will be only one
                         operable unit and only one contract package
                         will be required. Even in such simple cases, it
                         is important to think through the RD/RA
                         process in as much detail as possible to identify
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  constraints that may affect the contractor's
  ability to perform the work to the schedule that
  has been established.

  The following is a list of items that need to be
  addressed in the RMS:

    o  Specific ROD goals and objectives

    o  Phasing and operable units
    o  Procurement method and contracting strategy
    o  Determination of project constraints
    o  Identification of potential project risks
    o  Scheduling considerations
    o  Health and safety considerations
    o  Review requirements
    o  Contractor, labor, and equipment availability
       concerns

  The RMS establishes the overall course of
  action for the project. It is at this point that
  decisions are made about phasing portions of
  the project, fast-tracking design and construc-
  tion, employing limited designs for specific
  elements, or utilizing alternative procurement
  methods.  During development of the RMS, it
  is crucial that the contracting and procurement
  strategy be compatible with the amount of
  uncertainty and level of design specified. If the
  decision is made to utilize a minimal design,
  the contract type and procurement method
  should reflect this degree of uncertainty, i.e., a
  negotiated procurement resulting in a cost-re-
  imbursable contract. More information con-
  cerning  the RMS is available in EPA Directive
  9355.5-10/FS.

  PHASING REMEDIAL DESTGN AND
  CONSTRUCTION

  An analysis of RD/RA project elements results
  in the determination that some can be effec-
  tively phased or time sequenced to accelerate
  them through the design and remediation proc-
ess.  Phasing achieves an overall fast-track
schedule and mitigates the continuing impact
of the site to the environment and public safety.
Large complex projects (or operable units) are
broken down into smaller, more manageable
remedial elements. All elements are worked in
unison, but each individual element has its own
schedule and moves at its own optimum rate
through the remediation process.

Projects should be evaluated to determine what
sets of remedial activities can be grouped or
packaged together to accomplish phasing.
Utilize the following criteria for grouping RD/
RA activities into discrete work elements:

  o  Existing Information: Existing information may
     be adequate to allow completion of certain design
     aspects (road development, utility installation),
     but may be lacking to allow completion of other
     design aspects.

  o  Type of Waste: Segregation of a project into
     work elements based on nonhazardous (security
     fencing, access roads, utilities, erosion control)
     versus hazardous waste is a simple way to
     accelerate the construction start.

  o  Type of Media: It may be desirable to phase
     work based on the segregation of one medium
     from another. Often the source medium is a soil
     or sludge which has contaminated another me-
     dium (groundwater). The RD/RA for the source
     pollution could be addressed separately from the
     RD/RA for the contaminated groundwater plume.
     Remediation of groundwater may be approached
     by initially installing a limited barrier well/treat-
     ment system and then expanding the treatment
     scheme as more information is obtained. This
     allows for quick action based upon limited design
     information with larger scale actions following.

  o  Technology Requirements: The implementation
     of a simple remedy can be achieved more quickly
     than those requiring detailed design, fabrication,
     and specialized operation. By separating the work
     into independent work elements based on the type
     of technology, the initial remedial action start is
     enhanced.

Phasing is  advantageous because the initial
remedial action start is always accelerated.
Smaller discrete work elements are  more man-
ageable and provide for better cost control.
Expediting Remedial Construction
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  Phasing enhances technical quality because
  knowledge obtained from prior work elements
  can be integrated into future work elements. It
  also allows for addressing regulatory and legal
  issues (State Superfund Contracts, permits)
  separately, within their own framework. Phas-
  ing does, however, result in some redundancy
  and duplication of effort in administrative areas
  such as design reviews and managing multiple
  contracts.

  FAST-TRACKING RD/RA

  Fast-tracking might be considered as a subset
  of phasing. Whereas phasing breaks large
  complex projects into smaller more manage-
  able units, fast-tracking is a method to acceler-
  ate the implementation of those individual
  elements.  There are several techniques in
  which RD/RA can be fast-tracked:

    o  Expedite RD. Steps in the RD process are elimi-
       nated or shortened. However, short-cutting the
       process involves the assumption of some risk.
       Deciding only to use data collected during the RI/
       FS for design is one method of expediting. How-
       ever, the design risks being delayed if the RI/FS
       data turns out to be marginal or incomplete.
       Other methods of expediting RD include:

         - Reduce the detail required in the design pack-
       age. For many small projects (i.e. soil excavation,
       dismantling of structures, simple pump and treat
       systems), the design need only include a site
       layout drawing and a basic description of the
       work to be performed.

         - Use of standard specifications, in whole or
       with appropriate modifications, enables comple-
       tion of remedial designs in significantly less time.

         - For simple projects, utilize the Health and
       Safety Plan, Quality Assurance Project Plan, and
       Community Relations Plan from the RI/FS for the
       RD and possibly, with minor changes, for the RA.

    o  Optimize RD. Optimization is the rearrangement
       of the sequence in which RD elements are per-
       formed to enhance the overall schedule.  It is done
       without the assumption of increased risk if no
       steps are eliminated or shortened. Some examples
       follow:

         - The site preparation portion of a design can
      be completed and construction initiated while the
      rest of the design is still on-going.

        - Schedule all design reviews in parallel with
      continuing design work so they are not on the
      critical path. Do all reviews simultaneously to
      expedite the resolution of recommendations.

        - Develop the agreements for RI/FS site access
      to allow for access during RD/RA activities.

        - Prepare work assignments for remedial action
      before completing the remedial design.

  o   Fast-Track Construction. Some projects can be
      divided into separate stages for construction. This
      is generally acpomplished by letting each stage of
      work out for construction as soon as the design
      effort on that particular stage of work has been
      completed (e.g. site prep, procurement of long-
      lead equipment, foundations). This approach has
      the advantage that the project will be started and
      completed sooner than would be possible if it
      were necessary to wait ur til all design work had
      been completed. However, when multiple con-
      tracting efforts are underway simultaneously,
      more coordination and administrative oversight is
      required. Another aspect of fast-track construction
      is ordering items that require long-lead times in
      advance of the time they will be needed on the
      job.

CONTRACTING ALTERNATIVES

The Federal Acquisition Regulation (FAR)
provides for a wide selection of contract types
available to EPA and contractors in order to
provide needed flexibility in acquiring the large
variety and volume of supplies and services
required by agencies. Contract types vary
according to the degree of responsibility as-
sumed by the contractor for the costs of per-
formance, and the amount and nature of the
profit incentive offered to the contractor for
achieving or exceeding specified standards or
goals. The type of contract selected is heavily
influenced by the amount of uncertainty in
work to be performed and should be selected to
coincide with the amount of detail incorporated
into the design.


The most frequently used type of contract is a
fixed-price contract (lump sum or unit price)
Expediting Remedial Construction
                                          PageS

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 which is commonly used for the procurement
 of construction services. It is used when the
 site is well defined and reasonably definitive
 design or performance specifications are
 available.

 Cost-reimbursement types of contracts provide
 for payment of allowable incurred costs. These
 contracts are most suitable for use when uncer-
 tainties involved in contract performance do
 not permit costs to be estimated with sufficient
 accuracy to use any type of fixed-price con-
 tract.

 A time-and-materials contract is similar to a
 cost-reimbursement contract.  It provides for
 acquiring materials at cost and services on the
 basis of direct labor hours at a specified rate. It
 is used when it is not possible to estimate
 accurately the extent or duration of the work
 with any reasonable degree of confidence.
 PROCUREMENT STRATEGIES

 There are three general categories of procure-
 ment: sealed bidding, negotiated procurement,
 and small purchase.

 Sealed bidding is a method of contracting that
employs competitive bids, public opening of
bids, and awards. This is the most common
method of procuring construction services for
the Federal Government. Sealed bidding re-
quires that a detailed set of plans and specifica-
tions be prepared and always results in the
award of a fixed-price contract.  This process
requires a minimum of 90 days after comple-
tion of the design (detailed plans and specifica-
tions).

Contracting by negotiation is more flexible
than sealed bidding. The procedure includes
the receipt of proposals from offerers, permits
bargaining, and usually affords offerers an op-
portunity to revise their offers before award of
a contract. Bargaining may apply to price,
schedule, technical requirements, type of
contract, or other terms of the contract. Nego-
tiated procurements may be used for either a
fixed-price or cost-reimbursement (including
time-and-materials) contract.  The time re-
quired for negotiating a contract is dependent
upon the extent of bargaining required for the
parties to reach agreement. Typically the time
frame is 90 to 120 days.

For the acquisition of services, supplies, or
construction with a value less than $25,000, the
FAR prescribes a separate set of small pur-
                    CONTRACT SELECTION  MATRIX
FORM OF CONTRACT
Fixed-Price:
C'trm ^ivAri C3rif*o t\ limn ^IIIT^
nriii~riJWUTin*c ^i_uni(j oum^
Unit Price
Cost-Reimbursement:
Cost-Plus-Fee
Time-and-Mate rials
UNCERT;
LOW






UNTY OF SITE DE
MEDIUM






FINITION
HIGH





          The most appropriate form of contract for a remedial action depends upon the amount of
                                  uncertainty in defining the site.
                                           ,>
Expediting Remedial Construction
                                      Page 4

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  chase procedures that are greatly simplified
  over other procurement methods. This method
  of procurement may be applicable to small
  discrete elements of a project that require
  immediate attention.

  PREPLACED AND PRE-QUALTFIED
  CONTRACTS

  Another method to expedite initiation of reme-
  dial construction is to utilize preplaced con-
  tracts or pre-qualified contractors.  There are
  several options currently available for use.
  These methods require approximately 30-60
  days to initiate construction activities by
  eliminating the solicitation and audit require-
  ments of site specific contracts, thus, reducing
  the time from design completion to construc-
  tion initiation. Additionally, lengthy delays
  due to bid protests or bonding difficulties are
  eliminated.

  The US Army Corps of Engineers (USAGE)
  has developed methods to expedite the initia-
  tion of remedial  action at Superfund sites by
  implementing two innovative contracting
  strategies: Preplaced Remedial Action (PRA)
  and Rapid Response (RR) contracts. Both
  PRA and RR contracts are cost-reimbursement
  type contracts and may be used for projects
  when delaying the remedial action for normal
  procurement actions results in possible detri-
  mental effects on human health or the environ-
  ment.

  When requesting the USAGE to use PRA or
  RR contracts, a brief explanation (a short
  paragraph) describing the need for the expe-
  dited contract action is required. The explana-
  tion should indicate the work is time critical
  and needs to commence within the next six
  months (this includes design time).  In this
  case, the entire RD/RA process should be
  accelerated.

  Preplaced Remedial Action Contracts: PRA
contracts are structured to implement full scale
remedial actions. These contracts can be
utilized with fixed-price delivery orders when
detailed plans and specifications are available
or with cost-reimbursement delivery orders if
the site is less well defined.

Rapid Response Program Contracts:  RR
contracts are for demolition actions, closures,
point source contamination control, and site
stabilization. They are limited to $2 million
per delivery order and may be used for projects
where it is necessary to abate, stabilize, miti-
gate, or eliminate hazardous or contaminated
materials or structures. RR contracts normally
do not require detailed plans and specifications;
however, these contracts may be used to imple-
ment small, short term actions for which de-
tailed plans and specifications are available.

Prequalified Offerers Procurement Strat-
egy: The Prequalified Offerers Procurement
Strategy (PQOPS), when completely in-place,
will provide a list of prequalified contractors
which have the capability of performing a
specified technology (i.e. incineration, fixa-
tion). All contractors on the list will have been
technically evaluated  and deemed qualified to
perform the specific technology. However,
they are limited to providing the equipment for
a specific technology  and may not include all
necessary site support (i.e., site access, excava-
tion, materials handling, site closure) to fully
implement the remedy. Currently, a bidders
list is in place for incineration only.

To utilize PQOPS, a Request for Proposals     ,
(RFP) must be issued to all contractors on the
list. The contractors,  in turn,  submit proposals
which ate evaluated and negotiated as any
normal procurement.  Detailed plans are not
required, however enough site information and
work description must be available for the
proposers to formulate an offer. The PQOPS
process requires two to three months from
issuance of the RFP to award of the contract.
Expediting Remedial Construction
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        FAST-TRACKED VERSUS TRADITIONAL RD/RA
                             FAST-TRACKED
                               PHASE RD/RA
                               FAST-TRACK RD/RA
                               PARALLEL REVIEWS


   |	1  REMEDIAL MANAGEMENT STRATEGY


            SITE PREP DESIGN (ACCESS. UTILITIES. FENCING)


            DESIGN REVIEW


                 SET RAPID RESPONSE CONTRACT IN PLACE


                          SITE PREP CONTRUCTION


                   SOURCE CONTROL DESIGN


                   DESIGN REVIEW
                                   SOURCE CONTROL PROCUREMENT


                                                     SOURCE CONTROL CONSTRUCTION
                             TRADITIONAL


                       REMEDIAL DESIGN

                           DESIGN REVIEW


                                             PROCUREMENT

                                                                         REMEDIAL
                                                                         ACTION
  This figure illustrates relative time savings that may be achieved by fast-tracking a project. In this example,
  site preparatory work is started with a limited design while the design for the source control action continues.
   Assuming all design reviews are conducted in parallel, the fast-track procedures not only shorten the time
             necessary to initiate construction, but also accelerate completion of the project.
Expediting Remedial Construction                                            Page6

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