&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9200.5-4011
June 1990
CORAS Bulletin
Office of Emergency and Remedial Response
Office of Program Management OS - 240
Intermittent Bulletin
Volume 1 Number 8
We would like to thank the Conflict of Interest Unit, Quality Assurance Staff, Procurement and Contracts Management Division
for the following article on Conflict of Interest.
Conflict of Interest in The SUPERFUND Program
During the past year, conflict of interest (COD in the
Superfund Program has been a subject of increasing con-
cern. EPA has historically relied heavily upon contractors to
accomplish its mission. However, as the Superfund Pro-
gram and the hazardous waste industry as a whole continue
to grow, the need to develop more comprehensive proce-
dures for detecting and avoiding conflicts has become in-
creasingly more important.
The Agency recognizes that some Superfund contrac-
tors working for EPA on sites sometimes also work for firms
that may have liability for the pollution of these sites and
this could-present those contractors with a COI that could:
(1) impair or appear to impair their objectivity when per-
forming work for EPA; or (2) hamper EPA's efforts to
succeed in getting polluters to clean up these sites by jeop-
ardizing the ability to successfully litigate enforcement
cases or reducing the clean up costs EPA may be able to
recover. For example, the Superfund contractor may be
called upon to testify in court to support prior actions taken
by the potentially liable parties, as well as testifying to
support actions by EPA. The court, might then, question the
contractor's objectivity. Due to the special nature of the
Superfund program, EPA must be concerned with not only
reviewing the COI prior to award, but also with ongoing
and future COI.
Last year, both the General Accounting Office (GAO) in
its report entitled, "Superfund Contracts: EPA's Proce-
dures for Preventing Conflicts of Interest Need Strengthen-
ing" and the Agency in the Administrator's "Management
Review of the Superfund Program" addressed the special
vulnerability of the Superfund program to COI and strongly
recommended that EPA take action to strengthen its ability
to detect and avoid COI and that it issue formal guidance on
the subject. Concerns were raised about the lack of consis-
tency in contract clauses dealing with COI, the need for
monitoring of contractor compliance with EPA's require-
ment for detecting and avoiding COI, the need for requiring
contractor certification concerning COI disclosure, as well
as the need for better documentation of COI determinations.
As a result of the recommendations of the GAO Report
and the Superfund Management Review, a major effort has
been underway to develop clear and comprehensive guid-
ance for handling COI in the Agency's Superfund contracts.
This effort is being headed up by the COI unit established
within Procurement and Contracts Management Division's
Quality Assurance Staff Office headed by Katherine Seikel
(475-7000). The COI unit, which was established to develop
and implement COI guidance and to serve in an advisory ca-
pacity concerning COI in the Agency's programs, is staffed
with three procurement analysts, Ann Carey (382-3152), Cal
McWhirter (382-3185), and Stuart Toleman (475-8218).
The COI staff have been working closely with CORAS,
the Program Offices, the Contract Offices, the Office of
General Counsel and others to develop a proposed COI rule.
This proposed rule was published in the Federal Register on
April 26, 1990, for public comments. When the rule is
finalized in the Fall of this year, it should provide the
Agency with comprehensive and consistent guidelines to
monitor actual, apparent and potential conflicts of interest.
The proposed rule includes changes to the EPA Acqui-
sition Regulations (EPAAR) clause on Organizational Con-
flict of Interest, which will affect all contracts, and adds
several COI clauses for Superfund contracts. The rule
includes: (1) notification to the Contracting Officer of ac-
tual, apparent or potential organizational or personal COI
prior to beginning work on work assignments; (2) limitation
of future contracting COI clauses, specifically tailored to the
various programs, when future work may conflict with
work performed for EPA; (3) a requirement for contractor
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certification of COI disclosure on both an annual and work
assignment basis; and (4) a requirement for contractors to
retain employee's confidentiality agreements and ensure
their employees report COI.
In addition to the proposed COI rule, the COI unit is
working on the development of a data base system "COINS"
(Conflict of Interest National System) which will track COI
actions and serve as a master data base from which COI
actions can be coordinated and COI information can be
researched.
Although additional procedures will be implemented
when the rule is finalized, the procedures that should cur-
rently be followed for identifying, reporting and resolving
COI situations are briefly summarized as follows. Contrac-
tors are required to identify and report all actual, apparent
or potential COI to their EPA Contracting Officer, who has
the responsibility to make COI determinations. A copy of all
notifications and Contracting Officer determinations must
be provided to the COI unit c/o Katherine Seikel, PM-214F.
In addition, contractor COI notifications to more than
one Contracting Officer, in situations when a COI may
impact multiple contracts, should be flagged so that deter-
minations can be coordinated to ensure consistency in EP A's
decisions. Contracting Officers will make the COI determi-
nations based on a review and analysis of the facts and a con-'
sideration of any recommendations requested from the
Project Officer, Program Office, the COI unit and/or legal
counsel.
Clearly, the resolution of COI matters is often very diffi-
cult because the issues are complex and frequently there is
insufficient information initially provided from which to
make a decision. The COI staff have been working closely
with Contracting Officers and Project Officers advising
them on problems associated with COI. They are available
to answer any questions you may have or assist you in
resolving COI issues. In addition, please contact them if you
have any comments on the proposed COI rule or recom-
mendations on how EP A's procedures to identify and avoid
COI can be improved.
New additions to the CORAS Family
Please join us in welcoming two new members to the CORAS staff:
Kerry Kelly most recently worked for Roy F. Weston,
Inc., serving as Deputy Regional Manager of the Headquar-
ters Technical Assistance Team. Prior to that she worked for
the Florida Legislature's Oversight and Investigations Staff
and for Velsicol Chemical Corporation. She has a masters
degree from the Lyndon B. Johnson School of Public Affairs.
She will be working on the Long-Term Contracting Strategy
and other Superfund contracting issues.
Juanita Wilkinson, is CORAS' new secretary. She has
worked in EPA for 3 years and comes to us from the Office
of Policy, Planning and Evaluation; Office of Regulatory
Management and Evaluation; Science, Economics and Sta-
tistical Division; Statistical Policy Branch.
FY 1990 Cumulative Superfund Obligations
(extramural only)
300 _/
S 200
o
2
i
100 .
February
March
April
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dn
Congratulations to the following recipients of the
1990 CONTRACTS MANAGEMENT AWARD
for work related to Superfund contracts:
OUTSTANDING
MOHAMMAD SHAHEER ALVI (Region U, ERRD) - for his initiatives in the Superfund
program that resulted in efficiencies and cost savings. Also, as a result of Mr. Alvi's recommendations,
a number of changes in the third cycle ARCS RFP provided distinct advantages to the Government
during the negotiation process. These changes were also adopted by Regions IV, VI, vn, Vni, and IX
in their round of ARCS contract negotiations.
SUPERIOR
JAN ROGERS (Region IV, WMD) - for his initiation and consistent support of new and
innovative contracting methods in the Superfund program resulting in improved contractor perform-
ance and substantial cost savings. Mr. Rogers has also been responsible for the development of a
prequalification contracting strategy and for the development of a delivery order expenditure tracking
system.
EDDI A. SIERRA (Region VI, ESD) - for his leadership and technical skill as FIT Regional Project
Officer during management and support of the Region 6 Pre-Remedial Site Assessment Program. Mr.
Sierra also effectively used computer resources to develop databases which improved the quality of
contractor work and reduced the amount of time needed for oversight of FIT contractors.
BRONZE MEDAL AWARD
ANNE M. MANGIAFICO (OIRM) • for her achievement in the development, writing, and
production of the OIRM Administrative Procedures for ADP approvals under ARCS contracts. Ms
Mangiafico's activities were not in the area of direct contract management; however, they indirectly
contributed greatly to the effectiveness of ARCS contract managers.
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CORAS BULLETIN BOARD
Hazardous Site Control Division
Remedial Design Schedule Management
HSCD has completed a "Remedial Design Schedule Man-
agement" project which addresses both schedules and re-
sources for remedial design. The remedy specific schedules
are generic in nature and have been developed with the
objective of demonstrating management approaches to
reducing the overall remedial design duration. They pres-
ent reasonable approximations of the interrelationships of
those activities required to successfully complete a remedial
design.
The schedules and LOE estimates are intended for train-
ing purposes only and should not be used to develop site-
specific schedules. The schedules and LOE estimates used
by the party contracting for design to prepare an independ-
ent cost estimate must reflect their own experience with
similar projects. OSWER will schedule a training course
covering this material in each region. The first will be
scheduled at the beginning of FY91. For additional informa-
tion, contact Thomas A. Whalen, P.E. of HSCD at (202 or
FTS) 475-9755.
Estimating Costs of Remedial Actions
HSCD, in conjunction with ORD's Risk Reduction Engi-
neering Lab (RREL) and the U.S. Army Corps of Engineers
(USAGE), has initiated an 18 month effort to develop sys-
tems to estimate the cost of Remedial Action (RA) during
design (RD). The systems will account for the RA procure-
ment method, contract type, and specifications.
The PRACES system, developed by ORD's RREL, can be
used by the designer to estimate the cost of the technology
component of the RA. The HTRW database of the USAGE
Microcomputer Aided Cost Estimating System (M-CACES)
can be used by the designer to estimate the more detailed,
traditional items to be constructed during the RA. The
expected degree of accuracy of the pre-final design estimate,
using the integrated PRACES/HTRW M-CACES system
should be +25/-25 percent. For additional information call
Thomas A. Whalen, P.E. at (202 or FTS) 475-9755.
Independent Government Cost Estimates
Development of independent government cost estimates
for RI/FS work assignments have been simplified through
the use of software developed in Region II.
Region II ARCS Project Officer, John McGarhen has de-
veloped software to simplify development of independent
government cost estimates for ARCS RI/FS work assign-
ments. This software assists Regional Project Officers by
incorporating contract specific cost information such as
overhead and labor rates to the independent cost estimate.
Project specific tasks and subtasks along with the requisite:
labor mix and any necessary subcontract support are also
incorporated. Final output is in the form of a presentable
government OP Form 60. This software was presented by
Mr. McGarhen at the Superfund CO/PO Quarterly Meet-
ing on June 11,1990. Should you ha ve any questions regard-
ing this product, contact John McGarhen in Region II at
FTS 264-9212.
Emergency Response Division
PCMD recently prepared a report assessing the admini-
stration of the TAT contracts. The report recommendations
point out that we need to:
• Improve the quality of specific elements on Technical Di-
rector Documents (TDDs).
• Ensure that verbal TDDs are followed up in writing
within 5 days.
• Provide written support for each contractor invoice.
• Ensure that Performance Evaluation Board reports are
submitted to PCMD in a timely manner.
• Ensure that contractor technical reports include informa-
tion on problems that arise and resolution of the problems.
ERD has commented on each recommendation and has
forwarded the comments to PCMD.
Update on Long-Term Contracting Strategy for Superfund
The full Task Force met in Kansas City on April 3-4,1990
and Headquarters and the Regions were well represented.
At the meeting the proposed options were discussed, com-
ments provided, and one new definition and presentation of
options was distributed to the Regional Division Directors
of the Waste Management and Environmental Services
Divisions, as well as key Headquarters management, for
comment on April 23. In addition, the key subgroups
convened in Kansas City to develop workplans for deliver-
ables on: structure, competition, roles and responsibilities,
institutional barriers and legislative issues.
Since the Kansas City meeting, each subgroup has con-
vened meetings via conference calls and face-to-face meet-
ings in Washington. Comments on the options have been
received and are currently being summarized. A meeting of
the full Task Force will be held in Washington, D.C. to
discuss these comments and to review the outputs of the
analyses of each subgroup on June 14 and 15. At that time,
plans will also be made for the approach to be used in
developing the final product. The Assistant Administrator
for Solid Waste and Emergency Response was briefed on
June 1, regarding the basic issues and options under consid-
eration by the Task Force.
If yon are interested in receiving back issues of the
CORAS Bulletin, please contact Jalania Ellis. FTS
475-8533. •;. ;'..'.:. .: .-;, ^'.Y;...:.-. .'..••
For any changes to the "Key Regional Personnel in
Superfund Contract Management" chart, please
notify Jalania Ellis. FTS 475-8533.
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Key Regional Personnel in Superfund Contract Management
Contract
REM
ARCS
ERCS
TAT
FIT
TES
ESAT
Headquarters
(PO. DPO if possible)
REM II - Benjamin Hamm
REM III • Rob Heffernan
REM IV - Tracy Loy
REMV - Chris Watling
REM VI - Chris Watling
Scott Fredericks
Zone 1 - Joan Henry
Zone 2 - Reg. 4 is PO
Zone 3 - Reg. 5 is PO
Zone 4 -Lisa Guarneiri
Zone 1 - Pat Hawkins
Zone 2 - Susan Janowiak
Zone 1 • John Hollister
Zone 2 - Dave Cook
Zone 1- - Jack Jojokian
Zone 2 - Jean Wright
Zone 3 - Billy Perry
Zone 4 - Nancy Deck
Lynn Beasley
Region 1
Nancy Barmakian
U.S. EPA - HCP - CAN7
JFK Federal Building
Boston. MA 02203
8-833-5797
Nancy Barmakian
U.S. EPA - HCP - CAN7
JFK Federal Building
Boston, MA 02203
833-1797
John Carlson
U.S. EPA
60 Westview Street
Lexington. MA 021 73
(617)860-4513
John Carlson
U.S. EPA
60 Westview Street
Lexington, MA 02173
(617)860-4613
Don Smith
U.S. EPA - HSS - CAN7
JFK Federal Bulling
Boston, MA 02203
833-1648
Rick Lekjhton
U.S. EPA - CAN7
JFK Federal Building
Boston, MA 02203
833-1654
Scon Clifford
U.S. EPA
60 Westview Street
Lexington, Ma 02173
(617)860-4631
Region 2
Shaheer Alvi
U.S. EPA
26 Federal Plaza
New York, NY 10278
8-264-2221
Shaheer Alvi
U.S. EPA
26 Federal Plaza
New York, NY 10278
264-2221
Norm Vogelsang'
U.S. EPA
Woodbridge Avenue
Edison, NJ 08837
340-
Norm Vogelsang
U.S. EPA
Woodbridge Avenue
Edison, NJ 08837
340-
Amy Brochu
U.S. EPA
Woodbridge Avenue
Edison, NJ 08837
340-6802
Cathy Moyik
U.S. EPA
26 Federal Plaza
New York, NY 10278
264-8123
Joseph Hudek
U.S. EPA
Woodbridge Avenue
Edison, NJ 08837
340-6713
Region 3
James McKenzie
U.S. EPA
841 Chestnut Street
Philadelphia, PA 191 07
597-3229
Jerome Curtin
U.S. EPA
841 Chestnut Street
Philadelphia, PA 19107
597-4779
Rich Fetzer
U.S. EPA
841 Chestnut Street
Philadelphia, PA 191 07
597-
Rich Fetzer
U.S. EPA
841 Chestnut Street
Philadelphia, PA 19107
597-
Greg Hamm
U.S. EPA
841 Chestnut Street
Philadelphia, PA 19107
597-8229
Elaine Spiewak /
Nancy Cippola
U.S. EPA
841 Chestnut Street
Philadelphia, PA 191 07
597-8183
Terry Simpson
U.S. EPA
839 Bestgate Road
Annapolis. MD 21 401
(301)266-9180
Region 4
Ken Myer
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-2930
Doug Thompson
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-2930
Carol Monell
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-2930
Carol Monell
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-2930
Al Hanke
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
257-5065
Ken Myer
U.S. EPA
345 Courtland Street, NE
Atlanta, GA 30365
(404) 347-2930
Bobby Carroll
U.S. EPA, College
Station Road, ASB
Athens, GA 306 13
250-3309
Region 5
Gail Nabasny
U.S. EPA
230 South Dearborn St
Chicago, IL 60604
353-1056
Steven Nathan
U.S. EPA
230 South Dearborn St
Chicago, IL 60604
886-5496
Charles Brasher
U.S. EPA
230 South Dearborn St
Chicago, IL 60604
353-
Duane Heaton
U.S. EPA
230 South Dearborn St
Chicago, IL 60604
353-1788
Gail Nabasny
U.S. EPA
230 South Dearborn St
Chicago, IL 60604
353-1056
Lorraine Kosik
U.S. EPA
230 South Dearborn St
Chicago, IL 60604
353-6431
Jay Thakkar
U.S. EPA
536 S.Clark St.
Chicago, IL 60605
886-1972
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Key Regional Personnel in Superfund Contract Management
Contract
REM
ARCS
ERCS
TAT
FIT
TES
ESAT
Region 6
Helen Newman
U.S. EPA
1445 Ross Avenue
Dallas, TX 75270
8-255-6720
Carlene Chambers
U.S. EPA
1445 Ross Avenue
Dallas, TX 75270
255-6720
Chris Peterson
U.S. EPA
1445 Ross Avenue
Dallas. TX 75270
255-2270
Chris Peterson
U.S. EPA
1445 Ross Avenue
Dallas. TX 75270
255-6720
Ed Sierra
U.S. EPA
1445 Ross Avenue
Dallas. TX 75270
255-6491
Karen Wrtten
U.S. EPA
1445 Ross Avenue
Dallas. TX 75270
255-6720
Michael Daggett
U.S. EPA
6608
Houston. TX 77074
526-9430
Region 7
Karen Flournoy
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-7782
Rebecca Thomas
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-7593
Ron McCutcheon
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-3881
Paul Doherty
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-3881
Peter Culver
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-7707
Maureen Hunt
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-7722
Harold Brown
U.S. EPA
726 Minnesota Avenue
Kansas City, KS 661 01
(913)551-3881
Region 8
Lisa Beasley
U.S. EPA
999 18th Street
Denver, CO 80202
8-330-1282
Jeff Mashburn
U.S. EPA
999 18th Street
Denver, CO 80202
330-
Mike Zimmerman
U.S. EPA
999 18th Street
Denver, CO 80202
330-7134
Jim Knoy
U.S. EPA
999 18th Street
Denver, CO 80202
330-7162
Gerry Snyder
U.S. EPA
999 18th Street
Denver, CO 80202
330-7505
Sam Marquez
U.S. EPA
999 1 8th Street
Denver, CO 80202
330-7151
Steve Gallic
U.S. EPA
999 18th Street
Denver, CO 80202
330-
Reglon 9
Rob Stern
U.S. EPA
21 5 Fremont Street
San Francisco 941 05
454-7406
Matt Mitgaard
U.S. EPA
21 5 Fremont Street
San Francisco 94105
454-0307
Chris Weden
U.S. EPA - (T-4-9)
21 5 Fremont Street
San Francisco 941 05
454-8132
William Lewis
U.S. EPA - (T-4-8)
21 5 Fremont Street
San Francisco 941 05
454-7464
Doug Frazer
U.S. EPA - (T-4-8)
21 5 Fremont Street
San Francisco 941 05
454-7305
Judy Walker
U.S. EPA - (T-4-8)
21 5 Fremont Street
San Francisco 94 105
454-8550
Terry Stumph
U.S. EPA - (P-3)
215 Fremont Street
San Francisco 941 05
454-7483
Region 10
Joanne LaBaw
U.S. EPA
1200 6th Street
Seattle, WA 981 01
8-399-2594
Joanne LaBaw
U.S. EPA
1200 6th Street
Seattle, WA 981 01
399-2594
William Longston
U.S. EPA
1200 6th Street
Seattle, WA 981 01
399-1196
Carl Kitz
U.S. EPA
1200 6th Street
Seattle, WA 981 01
399-1263
John Osborn
U.S. EPA
1200 6th Street
Seattle, WA 981 01
399-0837
Mike Slater
U.S. EPA
1200 6th Street
Seattle, WA 981 01
399-0455
Gerald Muth
U.S. EPA
P.O. Box 549
Manchester, WA 09353
399-0370
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