& 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.
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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)
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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.
,>
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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.
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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.
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