UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                     WASHINGTON, D.C. 20460
                                                     9375.1-08
                        JUN 2 2 1987
                                                      OFFICE OF

                                             SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM

SUBJECT


FROM:


TO:  .
          Role of EPA Personnel in the State Contractor Selection
          Process Under a Cooperative Agreement

          Henry L. Longest II, Director
          Office of Emergency and Remedial Response

          Waste Management Division Directors
          Regions I through X
     Based on frequent inquiries from the Regions and States
concerning the proper role of EPA personnel in the State con-
tractor selection process under State-lead cooperative agreements
        determined the need for a written statement that would
        this subject.  We have had discussions with the Office of
        Counsel  and have developed the following written guide-
we have
clarify
General
1 i nes .
Role of EPA Personnel  In the State Contractor Selection Process
     EPA may offer States technical
requests from States for technical
implementation of the regulations governing
Part 33).
                                    assj^tance and respond to
                                   assistance related to the
                                            procurement (40 CFR
     EPA technical  assistance for RI/FS, RD and RA may include:

       0   Making recommendations on qualified offers and acceptable
           proposals based on published evaluation criteria.
           EPA's technical assistance should not be used to
           evaluate price or contractor responsibility.  Although
           EPA may  use REM contracts to provide some types of
           technical assistance, any support related to procuring
           a State  contractor must be provided by Federal employees,
           not REM  contract staff.

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                              - 2 -
      0    Either directly or through Corps of Engineers make
           recommendations on bids for RA in accordance with the
           methods and criteria in the bidding documents.  EPA's
           technical assistance should not, however, be used for
           contractor responsibility determinations.

      0    Even if the state has a certified procurement system,
           EPA reserves the right to review the State's procurement
           action under a cooperative agreement.  This includes
           conducting the bidabi1ity/constructabi1ity review
           prior to procurement of the services of  a contractor
           for RA when the project is highly complex or when
           there are overriding scheduling concerns.

     All work assignments that could result in a perception that
the Office of Emergency and Remedial Response (OERR) contractors
are either making or unduly influencing EPA recommendations or
State decisions must be avoided.  Contractor personnel must
not be used to assist in reviewing technical proposals.  This
wTTl avoid the perception that EPA contractors are  influencing
the selection of other contractors.  Further, it avoids the
problem of allowing EPA contractors the opportunity" to review
technical proposals submitted by their competitors.

EPA staff providing such technical assistance:

      0    Shall constitute a minority of the selection panel
           (limited to making recommendations on qualified
           offers and acceptable proposals based on  publish
           evaluation criteria) for the contractor  selection
           process.

      0    Must have fulfilled the training experience and
           workload limitation requirements in Chapter 7 of the
           EPA Contracts Management Manual.

      0    Are not permitted to participate in the  negotiation
           and award of subagreements.

      0    Are not permitted to use REM contracts  to provide any
           support related to procuring a State contractor.

      0    Can use the Corps of Engineers for review of State
           bidding documents, requests for proposals and bids
           and proposals received.

If you have further questions about this memo, please contact
Jan B. Wine of the Hazardous Site Control Division,  State and
Local Coordination Branch at 382-2455.

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    &EPA
                        United Stales Environmental Protection Agency
                              Washington, DC 20460
                  OSWER Directive Initiation Request
                                   1. Directive Number
                                     9375.1-08
                                2. Originator Information
   Yame of Contact Person
      Bobbie  Lively-Diebold
Ma"CoffH-54!
                                    JHice
                                           SRCB/HSCD
                                                        Telephone
   3. Title
      Role  of  EPA  Personnel  in  the  State  Contractor  Selection  Process
      Under a  Cooperative  Agreement
   4. Summary of Directive (Include brief statement of purpose/
      Purpose is  to define the  role of various EPA personnel  in the
      State contractor selection process during State-lead cooperative
      agreements  for Superfund  sites.   This  directive defines the appro-
      priate technical assistance and  oversite as well  as limitation and
      requirements for EPA personnel  that are providing this  assistance.
   5. Keywords
      Superfund,  CERCLA.  State  Parti-ci pat i on.  Cooperative  Agreement
6a. Does this Directive Supersede Previous Directive^)?  | | Yes
                                          No  What directive (number, title)
   b. Does It Supplement Previous Directives)?   |_wfYes  [_J No  What Directive (number, title)

      9375.1-04  State  Participation in the Superfund  Program
   7, Draft Level

     DA — Signed by AA/DAA   D B —
                        Signed by Office Director
              DC-
For Review ft Comment
Din
                                     Development
   This Request Meets OSWER Directives System Format
   8. Signature of Lead Office Directives Coordinator
                                                       Date
 . Name and Title of Approving Official

   Henry L.  Longest II, Director, OE
                                                          Date
OS WER           OS WER           OS \NER
        DIRECTIVE       DIRECTIVE       .

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