&EPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response

DIRECTIVE NUMBER:
9242.3-07
                 iLE: implenentation of the Decentralized Contractor
                   Performance Evaluation and Award Fee Process
                   for Selected Remedial Program Contracts
               APPROVAL DATE:

               EFFECTIVE DATE:

               ORIGINATING OFFICE:

               D FINAL

               G DRAFT

                 STATUS:
                REFERENCE (other documents):
                March 9, 1987

                March 9, 1987


                OERR/HSCD

  OS WER      OS WER      OS WER
VE   DIRECTIVE    DIRECTIVE    D

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                Wasnmgton. DC 20460
OSWER Directive Initiation Request
                                                                  uirectrve Numoer

                                                                  9242.3-07
                                         Infermatlpn
      Name o( Contact Ptrson
        	Stan KovelL
I Maii Coot
! OS-220
                            Office
                             HSCD
            iTwepnore Coo*
            I  382-7910
      3. ii tie
          Implementation of Decentralized Contractor Performance Evaluation and Award
          Fee Process for Selected Remedial Program Contracts
      4. Summary of Directive (mauoe one( statement of purpose)
          Describes efforts and implementation of alternative cotnracting approaches  to
          support Remedial program; defines process.
              Superfund.CERCLA.SARA
       . UOM tms Directive Supersede rrevious oirecuveta) f
      t. Does It Supplement Previous Oirective(s)'?
                      I   No -   I	I Ye»   What dirtctive (number. We)


                          o   I   I Ye»   What direettve (number, tme)
       Draft Level
          A - Sgned by AACAA
            B - Signed by Office Director
C - For Review 4 Comment
                                      0 - In Development
8. Document to b« distributed to States by Headquarters?
VBI^^BI
Ye*
	
No
Thi* Reoueat Me«ta OSWER Olreetivea System Format Standarda.
9. Signature of leaa Office Directives Cooremator
RinVia-rrl WyH^
10. Name ana Title of Approving Official
Henry L. Longest II
Date
3/9/87
Date
3/9/87
     EPA Form 1315-17 (Rev. 5-17) Previous coitions are oosoiete.
   OSWER          OSWER               OSWER              O
VE     DIRECTIVE         DIRECTIVE        DIRECTIVE

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I JEtf \         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
5 V^WV -
                           WASHINGTON. D.C. 20460
                           ri.'-    -  :C.Ol                        OPTICS OF
                                                   iCL.D -A/A5TE A\O EMEflGENC*

                                                   OSWER  DIRECTIVE  9242.3-07

     .MEMORANDUM


     SUBJECT:   Implementation  of  the  Decentralired  Contractor
               Performance  Evaluation  and  Award  Fee Process for
               Selected  Remedial  Program Contracts
     FROM:      Henry  L.  Longest,  II,  Director
               Office of Emergency  and  Remedial  RjQfSWsZ  (WH-548)

     TO:        Addressees

         The Office  of  Emergency and Remedial  Response  is  progressing
     to develop and implement  alternative  contracting  approaches  to
     support  the Remedial  Program.   The primary  objective of  these
     ritcorts  is to  improve the pace,  quality, and cost-effectiveness
     of the Remedial  Program by improving  the contracting structure
     and  the  management  infrastructure  that  supports the  Program.  One
     major element  of OERR's effort to  improve  the contract management
     infrastructure involves the  decentralization of contractor per-
     formance evaluation and award  fee  activities that are  required
     unJer cost-plus-award-fee (CPAF) contracts.   Thi.s initiative is
     Intended to:   (1)  further develop  Regional  infrastructures  for
     managing contracts  in advance  of implementation of  the Alternative
     Remedial Contracts  Strategy  (ARCS); (2) effect the  Agency's  policy
     of decentralizing  Superfund  activities  to  the Regions, consistent
     -vita other program  delegations;  (3) focus  accountability for
     contractor performance monitoring  on  the individuals who are
     responsible for  site  specific  Program operations; (4)  allow
     those most familiar with  a contractor's performance  to evaluate
     that performance and  determine the amount  of fee  to  be awarded;
     and  (5)  increase communication between Agency and contractor
     personnel  at all operational and management levels.

         As  we-are all  aware,  the  recently reauthorized  CERCLA  legis-
     lation places  an enormous responsibility on EPA to  accelerate the
     pace of  hazardous  waste site investigations and remedial actions.
    ,The  legislation  also  provides  the  Agency with additional resources
     to get the job done.   A major  portion of  these resources, however,
     are  to be  allocated for extramural contracts.  Consequently,
     successful pursuit  of the Agency's Superfund objectives will
     depend in  large  part  upon the  Program's ability to  direct and
     ;aanage contractor  resources  effectively.   It is my  intention to

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                                             OSWER DIRECTIVE  9242.3-07
                                -2-
 assist EPA managers at all levels to meet this responsibility,
 as well as to promote decentralizing Superfund operations.   As
 a result,  I have initiated actions that will decentralize contractor
 performance evaluations and award fee decisions in order to give
 the Regions important new management tools with which to meet
 additional responsibilities for ensuring successful contractor
 performance of Program assignments.   Representatives from my
 staff have briefed each of you on these procedures and we have
 included your comments into the standard operating procedure
 (SOP) which is attached.

      A key initiative of  the award fee process as  it relates to
 the ARCS concept is to not only reward contractors routinely for
 superior performance,  but to establish a performance record for
 each contractor which will be the basis for increasing contract
 ceilings from which the Agency can assign additional work.   The
 responsibilities of the Regional Fee Decisionmaker will be critical
 to the ARCS concept and are detailed in the SOP.   The SOP explicitly
 designates the Regional Division Director as the accountable
 Agency official for the award fee process and to function as the
 Regional Fee Decisionmaker.  This responsibility may be delegated
 further to a Deputy Division Director;  however,  considering the
 major implications of the fee decisions,  I strongly recommend
 that each  of you serve as the Regional Fee Decisionmakar at
 least until the point in  time you are convinced the award fee
 process within your respective Region is operating satisfactorily.

      The SOP describes this initiative, and defines the roles and
 responsibilities of key Regional,  Headquarters,  and Contractor
 personnel.   The SOP also  defines the basic structure and operation
 of the award fee process,  and establishes minimum  requirements
 for  Regional and Headquarters contractor performance evaluations
 and  award  fee decisions.   The decentralized award  fee process
 initially  will apply only to remedial contracts (REMs II,  III,
 and  IV), and the establishment of an appropriate infrastructure
 vill enable the system to be expanded beyond the remedial program.
 In accordance with Section 3.1 and other requirements of this
 SOP,  each  Region and Headquarters will establish and have an
 approved internal SOP for operating  its award fee  process.   tt
 is requested that your Regional procedures be forward to the
 Hazardous  Site Control Division (HSCD)  for these contracts by
 March 27,  1987.   These procedures will be approved by the Division
 Director,  HSCD by April 10,  1987,  in order to be used to evaluate
 contractor performance for the evaluation period beginning
 November 1,  1986,  and ending February 28,  1987.
^
      Any questions you may have on the general process or
 procedures  should be directed to William Kaschak at (FTS)
 (382-2343),  in HSCD.   Any questions  pertaining to  the develop-
 ment of  the Regional infrastructure  and expansion  of these
 procedures  beyond the remedial program should be directed to
 Stan Kovell of my immediate office at (FTS) (332-7910).

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                               -3-
                                OSWER DIRECTIVE 9242.3-07
     The decentralized av;ard fee process will require fundamental
changes in the way Regions and Headquarters currently monitor and
evaluate contractor performance.  I also anticipate that modifi-
cations to this SOP and/or to some Agency regulations may be
necessary as we gain actual experience in i iiiplement ing the process
We will be assessing the Regional implementation of the award
fee process and want to receive your comments and suggestions on
these process improvements.  Nevertheless, it is important that
we begia to decentralize the award fee process now, and that
this effort receive your direct attention.

     In closing, I would like to acknowledge the support provided
by the staff in Region V who assisted with the development of the
delegation procedures.
Attachment
Addressees:
  Director,
    VII and
  Director,
  Di rector,
  Director,
  Di rector,
Waste Management Division, Regions I, IV, V, VI,
VIII
Emergency and Remedial Response Division, Region II
Hazardous Waste Management Division, Region  III
Toxics and Wast 2 Management Division (T-l),  Region IX
Hazardous Waste Division, Region X

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                                      OSWER DIRECTIVE 9242.3-07
                DECENTRALIZED CONTRACTOR PERFORMANCE
                  EVALUATION AND AWARD FEE PROCESS
                    STANDARD OPERATING PROCEDURE


1.  PURPOSE AND SCOPE

    The purpose of this standard operating procedure (SOP) is to
define the process that the Office of Emergency and Remedial
Response uses to evaluate contractor performance and to determine
the appropriate fee to be awarded for that performance under
selected cost-plus-award-fee (CPAF) contracts.  The contractor
evaluation and award fee process is a. form of "qualified"
acceptance of work and "prospective" technical direction of
contractor activities.  The award fee process is an integral part
of monitoring contractor performance and provides an additional
communication link between contractor and Agency managers.

    The primary program objective of Superfund's CPAF system is to
enhance the performance of program and contractor personnel by the
intense communication that results from the systematic program
evaluation that is required to award the contractor a fee
commensurate with its performance.  Having fee decisions made at
the Regional level improves system effectiveness by placing
decision-making responsibility closer to the source of performance
information.  Shortening communication loops will make the process
more efficient,  more effective, and facilitate "personal"
accountability.

    Exhibit 1 is a graphic depiction of the Superfund award fee
process.   This exhibit shows the process by which Regions and
Headquarters evaluate contractor performance and determine
appropriate fees,  and identifies key personnel who are accountable
for operating and managing the award fee process.

2.  DEFINITIONS AND RESPONSIBILITIES

    The following sections define the roles and responsibilities
of key personnel.   Contractor performance evaluations and fee
determinations are made through two distinct but interconnected
processes:   (1)  the Regions evaluate and make site-specific fee
determinations based on the contractor's Regional performance, and
(2) Headquarters evaluates and makes a fee determination based on
the contractor's overall program management performance.  The
Headquarters Program Office also is responsible for establishing
operational standards and procedural guidance, and integrating and
evaluating the operation "of these two processes to ensure that
both contractor and Regional performance meet overall program
objectives.

    Section 2.1 below provides the definitions and
responsibilities of key personnel (Regional, Headquarters,  and

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                                            -2-     OSWER DIRECTIVE 9242.3-07

                                         Exhibit 1
                 CONTRACTOR PERFORMANCE EVALUATION AND
                                 AWARD FEE PROCESS
             REGIONS
                                                 HEADQUARTERS
!   RPM
   RPO
I Contractor
Technical Performance
   Evaluation. Fee
  Determination, and
 Oversight of Regional
    CPAF Process

   Fee Decisionmaker
Regional Division Director
   Contractor
     • Feedback
     • Dialogue
Fee Determination
Process Integration
                                        Project Officer
  Program Management
    Evaluation. Fee
   Determination, and
Oversight of Headquarters
     CPAF Process

    fee Decisionmaker
 Program Division Director
                                    Determine Supportability
                                        of Fee Decision

                                       Fee Determination
                                        Officer/PCMD
                                       Exercise Fee Mod

                                             CO
                                          Contractor
RPO
                                                                                      PO
                                                                                      CO
                                                                                   Contractor
                                                                Contractor
                                                                  • Feedback
                                                                   Dialogue
                       PROGRAM MANAGEMENT OVERSIGHT PROCESS
Program and
Management
Information
SCAP
Information



• Program Evaluation
• Corrective Action
Determinations
• Program Decisions
Program Division Director



Fee
Determination
Officer
Contractor
                                       Program Decisions

                                        OERR Director
vv, .- •-. l;::'Ss,-/.',.,/s/s.//sV/s'':--/-
Implementation of
Contractor Actions
Contractor
'•• '.
Implementation of
Program Decisions
EPA

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                                -3-    OSWER DIRECTIVE 9242.3-07
 contractor)  who  play  major  roles  in monitoring, evaluating, and
 awarding fees  for  contractor performance.  Definitions and
 responsibilities of Program Office and OERR management officials
 are provided in  Section  2.2

 2.1  Regional  and  Headquarters Contractor Performance Evaluation
      ana Fee Determination

     2.1.1 Performance Monitors

     Contractor performance  is evaluated  and reported by EPA
 performance  monitors.  Performance monitors are defined as being
 any Government employee  in  a position to observe, assess, and
 report  the performance of a contractor.  This  SOP designates
 certain individuals as routine performance monitors because their
 usual duties put them in a  position to closely monitor contractor
 performance  on a continuous basis.

     2.1.2 Remedial Project Manager

     The Remedial Project Manager  (RPM) has site-specific
 responsibility for directing and  monitoring the contractor's
 technical performance of Regional work assignments.  The RPM is
 also a  designated  Regional  performance monitor in the award fee
 process.  At the close of each performance evaluation period, and
 in  conformance with the  Award Fee Plan and the Regional award fee
 process SOP, the RPM  is  responsible for  reporting'his/her
 evaluation of  contractor performance in  accordance with the Award
 Fee Plan and applicable  procedures.  The RPM submits site-specific
 evaluation documentation to the Regional Project Officer who
 integrates all performance  evaluation submissions into a single
 package for  Fee  Decisionmaker consideration.

     2.1.3 Regional Project Officer

     The Regional rrojecr Officer  (RPO) is another designared
 Regional performance  monitor in the award fee  process because of
 his/her general  responsibility for ensuring that contractor work
 assignment performance meets program and contract requirements.
 The RPO also performs delegated contract administration tasks such
 as  accepting work  and providing technical direction.  The  RPO is
 responsible  for  evaluating  a contractor's performance of work
 assignments  across sites that may have different RPMs.  At the
 close of each  performance evaluation period, the RPO assesses the
 contractor's Region-wide performance during that evaluation period
 and documents  those assessments in evaluation  reports in
 conformance  with the  Award  Fee Plan and  the Region's award fee
"procedures.  The RPO  also is responsible for integrating all
 contractor performance reports and supporting  documentation into  a
 single  package for the consideration of  the designated Fee
 Decisionmakers.

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                               -4-    OSWER DIRECTIVE 9242.3-07
    2.1.4  Contracting Officer

    The Contracting Officer (CO) has three distinct functions in
the Award Fee'Process.  These are as follows:

    1)   The CO is generally responsible for maintaining the
         inregrity of the Contract Administration Process.   The CO
         is, therefore, responsible for assuring that both the
         contractor and the EPA project personnel who operate the
         contract perform in accordance with its terms and
         conditions;

    2)   The CO also serves as a designated performance monitor
         because of his/her unique perspective in observing
         contractor performance.  In this role, the CO functions
         exactly as any other performance monitor; and

    3)   The CO implements the fee decisions made by the Fee
         Decisionmakers by implementing the appropriate contract,
         modifications.  The CO is also responsible for receiving,
         evaluating, and acting upon requests from authorized
         program officials for appropriate contract action.

    2.1.5  Fee Determination Officer

    The Fee Determination Officer (FDO) is responsible for the
ultimate fee decision developed by the Fee Decisionmakers.   The
FDO will determine the supportability of the initial fee decisions
by review of the Fee Decision and Rationale Reports.  The FDO may
overrule decisions for reasons such as:  bias, arbitrariness,
inconsistencies, procedural irregularities, false data, incomplete
data,  or which are contrary to the terms and conditions of the
contract.

    2.1.6  Project Officer

    The Project Officer (PO) is a designated performance monitor
because of his/her responsibility for monitoring and evaluating
contractor performance of Program Office work assignments and
management activities.  As a performance monitor, he/she is
responsible for evaluating and reporting contractor Program Office
performance in accordance with the Award Fee Plan and the
Headquarters award fee procedures.  The PO also is responsible for
providing Regional contractor performance documentation and
evaluation reports to assist the Headquarters Fee Decisionmaker
evaluate the contractor's overall program performance.

    Following fee determinations by Fee Decisionmakers, the PO is
responsible for coordinating, receiving, and integrating all of a

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                                                            \

                               -5-    OSWZR DIRECTIVE 9242.3-07
contractor's Fee Decision and Rationale Reports into a single
package for transmittal to the Fee Determination Officer.

    2.1.7 'Contractor

    The contractor participates in the award fee process by
providing assessments of its performance.  These self-evaluations
may include descriptions of superior performance as well as
explanations in mitigation of any performance problems,
deficiencies, or delays.  Contractor self-evaluations are
submitted to the appropriate Regional RPO/RPM or Headquarters CO
and PO at the close of each performance evaluation period,  in
accordance with the contract specific Award Fee Plan and the
appropriate Regional or Headquarters SOP.  The contractor also may
be asked to meet with the Regional or Headquarters Fee
Decisionmaker,  RPM, RPO, PO, CO, and other Agency officials to
review the results of the evaluation process, and to discuss,
develop,  and implement improvements to program procedures and
performance.

    2.1.8  Performance Evaluation Boards
                         •
    Each Fee Decisionmaker is assisted by a Performance Evaluation
Board (PEB) consisting of managers (who are not involved in the
day-to-day direction of contractor performance) appointed by the
appropriate Regional or Headquarters Division Director.  Fee
Decisionmakers are personally accountable for determining the
appropriate amount of fee to be awarded.  The purpose of the PEB
is to advise and assist the Fee Decisionmaker in evaluating
contractor performance.  The PE3s provide the necessary discussion
and interaction among Agency managers to ensure that all matters
relevant to a contractor's performance evaluation are brought to
the Fee Decisionmaker's attention for his decision.

    2.1.9  Fee Decisionmakers

    Division Directors are responsible and accountable for
functioning as Fee Decisionmakers in accordance with the contract
specific Award Fee Plan.  Division Directors may delegate their
Fee Decisionmaker role to a Deputy Division Director; however," the
Division Director will retain full responsibility and
accountability for both the fee determination process and all fee
decisions.

    Fee Decisionmakers are accountable for the following major fee
determination activities:

         •    Evaluating Contractor Performance --
              Assisted by the PO, CO, RPM, RPO, PEB, and
              contractor, Fee Decisionmakers evaluate
              contractor performance in accordance with

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                               -5-    CSWER DIRECTIVE 9242.3-07
              procedures contained in the contract
              specific Award Fee Plan.

         •   /Determining Appropriate Award Fee  -- Fee
              decisions must be made as the direct and
              clear result of the contractor evaluation
              process, and in conformance with the
              procedures and requirements of the
              contract specific Award' Fee Plan.

         •    Documenting the Fee Decision and
              Producing the Fee Decision and Rationale
              Report -- This report provides a concise
              rationale supporting the fee decision,  and
              is submitted to the FDO via the PO.   The
              Headquarters Program Division Director
              receives a copy of the report for his
              program management and overview
              responsibility.  In addition, Fee
              Decisionmakers maintain an "audit trail"
              of all contractor performance
              documentation, evaluation reports, and
              other materials that support the Award Fee  •
              decision.  The Fee Decision and Rationale
              Report is produced in accordance with all
              procedures and content requirements of
              this SOP, the contract specific Award Fee
              Plan,  the appropriate Regional or
              Headquarters SOP, and the minimum criteria
              provided by the FDO.

    2.1.10  Regional Division Director/Headquarters Program
            Division Director

    The primary CPA'F "activities" common to both Regional and
Headquarters Program Division Directors is to ensure the validity
of fee decisions by maintaining process integrity.  These
officials accomplish this (1) by establishing and enforcing the
contractor performance evaluation and award fee process
procedures, (2) by appointing the PEB and other key personnel, and
monitoring each appointee's performance of assigned
responsibilities, (3) by taking corrective action when accountable
personnel or the written procedures fail to perform as expected,
and (4) by making recommendations to a higher authority to improve
contractor or program performance.

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                               -7-    OSWER DIRECTIVE 9242.3-07
2.2  Headquarters Program Management

    2.2.1  Headquarters Program Division Director

    The Headquarters Program Division Director is responsible  for
assuring that the performance of contractors and Regional
personnel interacting with these contractors meets program
objectives.   The Program Division Director also reviews the
performance of accountable Agency managers in operating the award
fee process and takes necessary and appropriate contractor or
program actions to improve program operations.

    The Headquarters Program Division Director is responsible  for
the following specific activities:

         •     Coordinating the development of Award
              Fee Plans in accordance with contract
              terms and conditions;

         •     Providing necessary award fee process
              standardization and guidance, including
              required report formats and reporting
              schedules to be used in preparing Regional
              or Headquarters award fee process SOPs;

         •     Reviewing and approving Regional and
              Headquarters contractor performance
              evaluation and award fee process SOPs to
              ensure conformance with this SOP;

         •     Analyzing performance reports,
              rationales, and issues to validate
              information and identify contractor or
              program deficiencies requiring corrective
              action;

         •     Reviewing Regional and Headquarters
              contractor evaluation and award fee
              process operations to ensure process
              integrity; and

         •     Allocating Regional and Headquarter's
              award fee funds, in accordance with
              Program needs.  The allocation of the
              available fee pool is one way by which the
              Program articulates its program
              performance needs to the contractor and,
              hence is a form of technical direction.

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                               -8-    OSWER DIRECTIVE 9242.3-07
    2.2.2  'Director OERR

    The Director OERR, or his designee,  is responsible for policy
level program -assessment and action, and for resolving broad
program issues beyond the authority of the Program Division
Director.  The Director OERR reviews and evaluates corrective
contract or program actions recommended by the Program Division
Director, and makes OERR-wide decisions on necessary corrective
actions.  Contractor actions and program decisions made by the
Director OERR are implemented by the contractor and EPA,
respectively.

    In addition, the Director OERR, or his designee, is
responsible for reviewing Fee Decision and Rationale Reports.  The
Director has the authority to overrule fee decisions if there are
clear indications of bias, arbitrariness, inconsistency,  •
procedural irregularities, false data, or incomplete information.
Whenever a fee decision is overruled the Director OERR must
provide a written rationale supporting his decision, and must take
appropriate action in conjunction with the cognizant Fee
Decisionmaker.

3.   AWARD FES PROCESS

    The purpose of this section is to establish standards for
Regional/Headquarters Standard Operating Procedures and for the
determination of the award fee pool.  The establishment of these
standards is discussed below.

3.I  Regional/Headquarters Standard Operating Procedures

    Regional and Headquarters Program Division Directors are
responsible for developing internal procedures for operating the
award fee process.  SOPs will be submitted for review and approval
by the Headquarters Program Division Director.  Once approved,
these SOPs must be followed in evaluating contractor performance
and awarding fee.

    Major elements to be addressed in the SOPs include:

         -•    Identification of Fee Decisionmakers;

         •    Definition of the role and responsibili-
              ties of the F.ee Decisionmakers, consistent
              with Section 2 of this SOP;

         •    Definition of the role and
              responsibilities of  (as appropriate)  the

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                               -9-    OSWER DIRECTIVE 9242.3-07
              RPM, RPO, contractor,  PO,  CO,  and other
              Agency personnel and performance monitors
              who will have a substantive role in the
              award fee process,  consistent with Section
              2 of this SOP;

         •    Definition,  reporting  schedule,  and
              information requirements of all contractor
              performance documentation and evaluation
              reports, consistent with requirements
              contained in the Award Fee Plan, including
              requirements for the timely Agency review
              and feedback on milestone deliverables
              (suggested Regional schedules will be
              provided prior to Regional development of
              SOPs);

         •    Definition of the process that Fee
              Decisionmakers will employ to evaluate
              contractor performance and determine the
              award fee, consistent  with the contract
              specific Award Fee Plan;

         •    Definition of the role of the  PEB and
              identification of its  members; and

         •    Definition of the role and
              responsibilities of Division Directors in
              managing the award fee process, consistent
              with Section 2 of this SOP.

3.2  Determination of the Award Fee  Pool

    In accordance with the contract  specific Award Fee Plan, the
Headquarters Program Division Director will determine the amount
of the award fee pool available to the Regions and to Headquarters
based upon project-specific funding and levels of activity.  The
award fee pool is that portion of the contract set forth in the
contract as the amount of fee available to be awarded for
contractor performance in accordance with the criteria contained
in the Award Fee Plan.  Fee Decisionmakers will base the dollar
amount of fee decisions on the amount of fee available for each
project and for program management.

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