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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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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