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. ------- - 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. ------- &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 . ------- |