• UnHed Slates         Committee on Integrity EPA-350-F-96-002
           Environmental Protection    and Management   September 1996
           Agency	 Improvement
oEPA   Monitoring
            Contract Work
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Foreword

The Committee  on  Integrity and  Management  Improvement  has
developed this leaflet to highlight the  importance of monitoring contract
work and  to  emphasize  key  points  contained  in  EPA  contract
administration guidance. To obtain the services needed in carrying out a
wide variety of programs, EPA awards and administers a large number of
contracts  each  year.  With  millions of dollars  being  expended  on
contracts, EPA managers must ensure that tight controls are maintained
over each work project and that the Government  receives full value for
the resources expended. Agency personnel need to closely oversee each
project, identify inadequate performance at an early stage, and avoid a
personal  services  (employer/employee)  relationship  with  contractor
personnel.

Effective contract administration is a substantial challenge which requires
a coordinated effort by EPA personnel. This leaflet provides a summary
of the fundamental policies and responsibilities which will help to ensure
that EPA is getting what it pays for in a timely manner.
John C. Martin
Chairman, Committee on Integrity and
Management Improvement
U.S. Environmental Protection Agency
Who Is Responsible?

EPA must rely on qualified personnel who have received the necessary
training to perform this important function. Contracting Officers (COs),
including On-Scene Coordinators, have authority to enter into, administer,
or terminate contracts and make  related determinations.  They are
represented  by a team of Project Officers, Work Assignment Managers,
and/or Delivery Order  Project  Officers  who  collectively  monitor the
contractor's performance.

Project Officers serve as the CO's primary technical representatives on
the EPA Team and as the main points of contact with the CO and the
contractor's    project    manager.    Their   duties    can    include
preparing/reviewing the  procurement  package  used to  order work,
monitoring performance,  and reviewing  vouchers. Work Assignment
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Managers and Delivery Order Project Officers are responsible for specific
portions of the work and report to the Project Officer.

The Team is often the eyes and ears of the CO and, as such, must be
aware of the responsibility for determining whether the work performed is
exactly in accordance with the terms of the contract. History has shown
that when the EPA Team does not or cannot devote adequate time to
determine what is actually being done under the contract, the ability to
achieve Agency objectives is adversely impacted.

Duties Of The EPA Team

To ensure effective contract monitoring, the Team should be concerned
with the contractor's performance in the following areas:

    •   delivery of the specific items or services called for in the contract;

    •   good quality products and/or service delivered timely; and

    •   performance within the budget.

1.  Assuring Effective and Efficient
    Performance.

    In many types of contracts, the description of work is  broad and
    general, allowing  the contractor to  satisfy the requirements in a
    number  of ways.  Use of work assignments or delivery orders with
    specific statements of work helps to assure the desired performance.
    The EPA Team should define  as precisely as possible the attributes
    of the desired product or services and ensure that the contractor has
    a  clear understanding of the terms and conditions of the contract and
    all work assignments.

2.  Assuring Quality.

    Contracts for supplies can usually specify the attributes that will result
    in an acceptable product. Contracts for services should also include
    acceptability criteria, where possible. Often, however,  contracts for
    services, particularly those involving  creative or analytical  work,
    cannot describe specific attributes  of the final results. Quality control
    in service contracts can be provided by monitoring both the methods
    used  by the contractor as work progresses and the  type and
    qualifications of the personnel assigned to the work.

    The quality of analysis depends on the methods used. The validity of
   the conclusions may be suspect if the contractor fails to take into
   account  all data  or relevant  factors. Interim conclusions that are
    suspect  may seriously undermine  all follow-on efforts, resulting in a

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    waste of resources and possibly requiring work to be redone or a new
    contract established.

    The  quality  of  the  output  is  dependent,  in large part,  upon the
    competence of the contractor's personnel.  In many cases, the best
    way  to assure  quality is to assure that the contractor's assigned
    personnel  have  the necessary  capabilities,  qualifications,  and
    experience.  The  resumes of  key  contractor personnel  should be
    reviewed to ensure that their experience and qualifications  comply
    with the terms and conditions of the contract. This is particularly true
    for contracts calling  for creative  or conceptual  development or
    analysis.  The bottom line is that the EPA Team must work to ensure
    a high quality product but not act,  or appear to act, as an employee of
    the contractor.

    The  EPA Team should also be involved in evaluating the need for
    consultants  or  subcontractors and  the reasonableness of their
    estimates.  The  EPA Team may  ask  the contractor to provide
    information about the qualifications  and experience of consultants or
    subcontractors and is entitled  to inspect the subcontractor's  facility
    and work process. However, EPA  personnel should not approve
    or attempt to influence the selection of a particular consultant or
    subcontractor.

3.  Assuring Timeliness of Performance.

    Failure to deliver on time is almost  always the result of a build-up of
    factors during performance.  If  the EPA Team keeps  in close touch
    with the progress of the contractor's work effort, such interim delays
    can be identified and corrective action initiated.  EPA depends  on the
    Team  to obtain  and analyze  progress   information and,  when
    necessary,  to develop a recommended course of action so that
    deadlines can be met.

4.  Monitoring Expenditures.

    A firm fixed-price contract  gives  the contractor a  great deal of
    incentive  to perform the contract  in the most economical way, since
    every penny saved is profit. Therefore, close monitoring of individual
    expenditures under firm fixed-price contracts is not needed. However,
    under cost-reimbursement type contracts, the contractor is generally
    entitled to  compensation  for  costs  incurred  in  doing  the work,
    provided costs are allowable, allocable, and reasonable. Additionally,
    the work description may, out of necessity, lack  specific performance
    criteria. For example, because of  the difficulty in describing just what
    needs to  be done, certain contracts require the  contractor to provide
    hours of  service, with specific deliverables to be identified  later.

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    Under a cost-reimbursement contract,  services or products  of poor
    quality will likely necessitate additional expenditures to achieve the
    desired results.  Monitoring cost-reimbursement contracts is perhaps
    the most challenging task faced by the EPA Team.

    Reviewing the contractor's progress reports and invoices  is a very
    effective  means of  monitoring cost-reimbursement contracts. The
    contractor may be asked for additional information to determine if the
    charges are  reasonable, allowable, and allocable. If the EPA Team
    believes the contractor is spending more than is reasonably required
    to accomplish certain portions of the work, the Team should ask for
    additional explanation of,  or support for, those costs. If information
    furnished substantiates the expenditure, yet  it is  believed there is a
    better, more efficient method to  accomplish the work, the  Project
    Officer  should  discuss  the matter with the contractor's  project
    manager, and if  necessary, consult with the Contracting Officer. If the
    information furnished does  not substantiate the  invoiced  amounts,
    involves costs which are expressly unallowable  per  the Federal
    Acquisition Regulation,  or relates to other  conditions  which raise
    serious questions as to why a cost has been claimed, the  Project
    Officer  should  discuss the matter with the contractor's  project
    manager, Contracting Officer,  or  the  Office of  Inspector General
    (OIG), as appropriate. While honest mistakes can be made, the EPA
    Team should always be alert for indications of possible fraudulent
    activity.

If the EPA Team suspects or uncovers possible fraudulent activity,
the  Team  should   contact  the  Office  of  Inspector General  to
determine an appropriate course of action. No attempt should be
made to contact the contractor.

How To Look For It

1.   Determine the Contractor's Obligations.

    The  contract should be  reviewed to determine  the  contractor's
    obligations as reflected in the statement of work and relevant contract
    clauses. In some contracts, task orders  (e.g., delivery orders) are
    used to initiate contract performance. The EPA Team must have a
    sound understanding of each task order so that all of the contractor's
    obligations can be monitored.

    The EPA Team  must keep track of all change orders issued  by the
    CO under the Changes clause of the contract.  These documents
    change the description of work to be done and, accordingly, what is
    required of the contractor.  The contractor's responsibilities should be

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    discussed with the contractor's project manager who is responsible
    for ensuring that  contractor employees  understand the terms and
    conditions of the contract.

2.  Learn and Monitor What the Contractor Is Doing.

    The EPA Team must know what the contractor is actually doing and
    planning to do. Described below are activities which will enable the
    EPA Team to determine how well the contractor is performing.

    a.  The  Post-Award  Orientation  Conference is very  useful  for
       reviewing the contract terms, determining what the contractor
       plans  to do,  avoiding  any misunderstanding of the contractor's
       obligations,   and  understanding  what  is  expected  by  the
       Government.

    b.  The contractor's work plan should be reviewed to see that it is
       submitted when required and effectively describes the work to be
       done to accomplish the statement of work. If the contract does
       not require  a work plan, and the EPA Team  believes one is
       important, the Contracting Officer should be consulted about
       requiring a plan. Work plans can  be key tools in monitoring a
       contractor's performance.

    c.  The contractor's  written  progress  reports are, or should be, a
       significant help in providing information on the contractor's work
       progress. The EPA Team is responsible for ensuring  that the
       contractor complies with reporting provisions. When reports are
       part of a contract, they are included in the contract price or cost.
       Accordingly, the EPA Team should ensure that the Government
       gets the required reports in the time  frames  provided for and in
       the detail  required.  The EPA  Team must be aware  of its
       responsibility to verify what is said in the reports, especially if the
       reports are written in general terms. To monitor the accuracy of
       these  reports, interim products such as copies  of designs,
       results, drafts or other  data  should be  required. Requesting
       specific deliverables facilitates this process.

    d.  The EPA Team has the right to inspect and test work performed
       under the contract. This is standard under Government contracts
       and derived from the concept that the Government has the right
       to determine  if the goods or  services offered are what was
       ordered. This  right can be exercised at any  stage and place of
       work  performance. Inspection  of the contractor's work  involves
       the use of spot checks, scheduled inspections, random sampling,
       user  reports,  and  periodic  review of the contractor's quality

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       assurance and control program. If formal on-site inspections are
       to be done, they should be specified in the contract.

3.   Take Appropriate Action to Enforce Any
    Contract Requirement Not Being Met.

    a.  When the EPA Team discovers that the contractor is not meeting
       a specific contract or work assignment requirement, the Project
       Officer should notify the Contracting Officer and the contractor's
       project  manager  and  seek a  voluntary commitment by  the
       contractor to take  remedial action. In such a case, the EPA Team
       will need to follow up to ensure that remedial action  is taken.
       Again, where fraudulent activity is suspected or  identified, you
       should contact the Office of Inspector General.

    b., In cases where the contractor disputes the discrepancy, claiming
       the requirements  of the contract are being met, the EPA Team
       should analyze  the  contractor's justification. At the same time,
       the Contracting  Officer must be kept informed of the situation. If
       the contractor persists, the  Project Officer should inform the
       Contracting Officer in writing.

    c.  The EPA Team's primary job  is to help ensure that the contractor
       performs what the contract requires. Team members are not
       authorized to make any changes under the contract which
       alter, in any way, the requirements of the contract or the
       contract price, terms, or conditions. If the contractor refuses to
       comply, or asserts  that the  direction  is without  authority, the
       matter must immediately be referred to the Contracting Officer.

Common Pitfalls To Avoid

1.   Inherently Governmental Functions.

    Care must  be  taken to  avoid  requiring contractors  to  perform
    activities  which are  "inherently  governmental  functions." These
    activities are so closely related to the public interest that they must be
    performed   by   Federal  employees.   Activities,  such   as  the
    determination   of  Agency   policy and  preparation  of   contract
    documents  used to  assign work, are  "inherently governmental."
    Questions concerning  whether or not an activity may be performed by
    a  contractor should be directed to the Contracting Officer or to the
    Office of Acquisition  Management's Procurement Policy Branch.

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2.  Personal Service Relationships.

In monitoring the contractor's work effort, the EPA Team should ensure
that  air formal communications  are  made  to  the contractor's project
manager. Team members should not attempt to instruct, supervise, or
control a contractor's employees.

Conclusion

The  EPA Team must ensure that a contractor delivers a quality product
or service in the time frames required by  the contract. This can be
accomplished  through  contract  monitoring,  which is based on  good
business  practices, legal  doctrines,  common  sense, and contractual
authority. The  single  most important task is  to  continuously  stay
knowledgeable  about  what the contractor is doing. If  an  EPA  Team
member becomes aware of or suspects any fraud, waste, or abuse by a
contractor, the  Project Officer should notify the Contracting Officer and
either the  OIG in  Headquarters or the nearest Divisional  Office of
Inspector General.  A telephone Hotline  number  to the OIG is also
available: (202) 260-4977.  Information is confidential.
  As a step towards pollution prevention, one copy of this bulletin will
  be printed for every five employees. This publication is also available
   via  the Agency LAN Services Menu under "Information Services";
            CIMI-Prevention of Fraud, Waste and Abuse.

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