Superfund  Response Action  Contracts
     (U.S.) Environmental Protection  Agency, Washington,  DC
     May 93
U.S. DEPARTMENT OF COMMERCE
National Technical Information Service

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                                                                                       PB93-963292
                        United States
                        Environmental Protection
                        Agency
                         Office of
                         Solid Waste and
                         Emergency Response
Publication 9242.2-08FS
May 1993
   &EPA
Superfund  Response
Action Contracts
   Office of Emergency and Remedial Response
   Hazardous Site Control Division, 5203G
                                               Quick Reference Fact Sheet
    The Response Action Contracts (RACs) are the U.S. Environmental Protection Agency's (EPA) next generation of
contracts to provide professional architect/engineer services to support response planning and oversight of activities
under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) as amended
by the Superfund Amendments and Reauthorization Act of 1986 (SARA).  These contracts will be procured as the
Regions deplete the capacity of their existing Alternative Remedial Contracting Strategy (ARCS) contracts. The purpose
of this fact sheet is to provide general information about the RACs and inform the contracting community of the Agency1 s
contracting strategy,
SERVICES REQUIRED

    Services required by the Response Action Contract
statement of work include:
•   site management;
•   remedial investigation and feasibility studies;
•   engineering services to design remedial actions;
•   engineering evaluation and cost analysis for non-
    time critical removal actions;
•   construction management for implementing reme-
    dial actions and non-time critical removal actions,
    including issuing and managing subcontracts  for
    construction of the selected remedy and engineering
    services in overseeing construction;
•   enforcement support, including oversight of reme-
    dial investigations/feasibility studies, remedial de-
    sign, and remedial action, and negotiation support;
    and
•   other technical assistance, including community
    relations, sampling and analysis support, and pre-
    design investigations.
    Services may also include technical and manage-
ment services supporting EPA* s coordination and over-
sightof remedial activities performed by aState.theU.S.
Army Corps of Engineers (USACF), or responsible
parties identified in enforcement actions.

SUPERFUND'S LONG-TERM
CONTRACTING STRATEGY
    The procurement of  Response Action Contracts
 implements the remedial action component of the EPA's
                          Long-Term Contracting Strategy (OSWER Directive
                          9242.6-07FS).  This strategy prescribes an integrated
                          "one program" approach to enforcement and site cleanup
                          and decentralizes contract management to the EPA Re-
                          gions to enhance program flexibility and improve con-
                          tract oversight  and cost management.  The Response
                          Action Contracts will supplement and eventually re-
                          place the Alternative Remedial Contracting Strategy
                          (ARCS) contracts.  The RACs also will integrate en-
                          forcement oversight and non-time critical removal ac-
                          tions previously performed under the EPA's Technical
                          Enforcement Support (TES) and Emergency Response
                          Cleanup Services (ERCS) contracts, respectively. The
                          Agency expects to reduce handoffs, promote program
                          integration, and give the Regions flexibility to pursue
                          various enforcement options through this one program
                          approach.  Award of two or three Response Action
                          Contracts in each Region is anticipated to provide flex-
                          ibility to respond to potential conflict of interest prob-
                          lems, and to enhance post-award competition based on
                          contractor performance.

                          CONTRACT STRUCTURE AND SIZE

                              The Agency envisions the award of two Cost Plus
                          Award Fee contracts in most Regions. The base period
                          of performance will be five years, with one five-year
                          option period, for a potential contract period often years.
                          The Response  Action Contract  statement of work has
                          two general categories of activities:  Program Support
                          and Site Specific Activities. The Regions will use work
                          assignments to issue all work under the Response Action
                          Contracts.

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PROCUREMENT PROCESS

    The RACs procurements will be conducted accord-
ing to Brooks Act procedures. Highlight 1 depicts the
major steps in the RAC procurement process. The RAC
procurement process will begin with the submittal of
Standard Forms 254 and 255 (SF254/255). The review
of the SF254/255  will be based on each firm's demon-
strated abilities. These abilities must include:
•   adequately staffing the contract with experienced,
    trained personnel at the levels, disciplines and in the
    quantities required to fully implement the statement
    of work;
•   accessing resources outside the Region in a timely
    and responsive manner;
•   assuring full  implementation  of the statement of
    work over the potential duration of the contract
    through the degree  of Corporate presence in the
    Region;
•   appropriately  distributing  work  assignments and
    accomplishing workload management among the
    firm's offices and/or TEAM'S members in the most
    effective and  efficient manner practicable;
•   proposing  key personnel with  strong education,
    technical experience, and  management and/or fi-
    nancial experience;
•   providing technical, management and administra-
    tive support as it pertains to the delivery of Architect
    and Engineering (A/E) services directly related to
    the implementation of environmental regulations
    (i.e., hazardous waste, air,  water, wetlands, etc.);
    and
    effectively and efficiently  utilizing resources to
    control costs, balance program  support costs to
    contract costs, and balance the professional to tech-
    nical labor mix.

    Those firms determined to be qualified based on SF
254/255 evaluation will  be requested to submit a man-
ager.iint plan snd  may be requested to submit a response
scenario. These submissions will be used by the Agency
to discriminate further between the technical qualifica-
tions of the firms.  Areas to be considered by the Agency
in the evaluation of management plans include:
•   project organization and support,
•   management control systems,
•   project/work assignment management, and
*   mobilization.
                Highlight 1
         RAC Procurement Process
ceo
Announcement
period
Firms prepare
SF 254/255S
EPA evaluates
SF254/255S
and selects
most qualified
firms (shortlist)
 Shortlisted firms
 prepare
 management plans
EPA evaluates
management
plans, holds
Interrogatories,
and selects
most qualified
firms
Requested
firms prepare
cost proposals
Cost proposal
audits and
cost analysis
 Contract
 negotiations
 and WCAO
 review of
 contract
 Contractor
 mobilization
                           CBD
                           Announcement
                           RFP Issued
                           Preproposal
                           Conference
                           RFP Amendment
                           Issued
                           Firms submit
                           SF254/255S
                           EPA Requests
                           Management Plans
                           Firms Submit
                           Management Plans
                           EPA Requests
                           Cost Proposals
                           Firms Submit
                           Cost Proposals
                           Initiate Contract
                           Negotiations with
                           Selected Firms
                            Contract Award

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    Agency review of response scenarios will be based
on each firm's demonstrated abilities. These abilities
must include:
•   understanding of EPA programs, regulations, re-
    quirements, and policies pertaining to accelerating
    site ranking, in vesligation, and design and construc-
    tion activities atsites requiring activities pursuant to
    the statement of work;
•   coordinating technical and management strategies
    in an effective manner in addressing the scenario;
•   applying innovative approaches and methodologies
    in addressing the scenario; and
•   applying cost and time saving approaches to imple-
    menting an overall response strategy at the site
    described in the scenario.

    Concurrently with submission of management plans
and response scenarios, firms will be required to submit
corporate standard operating procedures (SOPs) for:
•   conflict of interest (COI),
•   quality assurance,
•   confidential business information (CBI),
•   health and safety, and
•   analytical services deli very.

    The firms determined to be most highly technically
qualified based on the management plan evaluation will
be requested to submit cost proposals. After conducting
cost proposal review and audits, the EPA will negotiate
and award contracts to the selected firms.

    Because of the complex nature of the statement of
work  and  detailed instructions for the preparation of
SF254/255, a formal Request for Proposals (RFP) will
be issued.  Firms interested in receiving the RFP should
submit their requests in writing to the following address.
    Ms. Jewel Carter, Contracting Officer
    Office of Acquisition Management
    U.S. Environmental Protection Agency
    401 M Street, S.W. - Mail Code PM-2I4F
    Washington, DC 20460
    202-260-9057

PROCUREMENT SCHEDULE
    The Response Action Contracts will supplement
and eventually replace the ARCS contracts. The RACs
also will include enforcement oversight activities previ-
ously provided under the TES contracts and  non-time
critical removal actions previously provided under the
ERCS contracts. The Regions will procure RACs as mcy
deplete the capacity of their ARCS contracts.  The first
round of RACs procurements will begin during 1993.
Additional Response Action Contracts will be procured
periodically as Regional needs arise.

PREPROPOSAL CONFERENCE

    The Agency plans to hold prcproposal conferences
for the RAC solicitations. Specific Regional preproposal
conference schedules will be included in the Commerce
Business Daily (CBD) announcement for the Regional
RAC solicitation. Registration is required to attend the
conferencc(s).  To register, please write to the contract-
ing office listed in the solicitation or call the number
indicated in the CBD announcement or Region-specific
conference brochure.
    The prcproposal conference format will consist of a
presentation by EPA on the Response Action Contract
solicitation. Firms may submit written questions prior to
or during this presentation. The Agency will respond to
selected questions at  the conference.  Following  the
conference, the Agency will issue an amendment to the
solicitation.  The amendment  will  answer all written
questions submitted at the conference and all questions
mailed to the contracting officer as directed in the RFP,
and will clarify any ambiguities brought to the Agency's
attention through written questions.

PERFORMANCE (AWARD) FEE PLAN
    This plan describes how the base and performance
fee provisions of the Response Action Contracts will be
administered.
    Base Fee:  The base fee is a fixed amount that will
be paid to the contractor on a provisional basis as work
progresses. The base fee compensates the contractor for
risk.  The base fee will  not  vary  with performance,
provided the work is rated at or above "satisfactory."
The contractor will include amounts for base fee on
monthly vouchers in accordance with "Guide for Prepa-
ration of Contractor'sClaim for Reimbursement of Costs
and Fees under Cost Plus  Award  Fee  (CPAF) Type
Contracts," EPA 1900-34A. At the completion of indi-
vidual work assignments, a Work Assignment Comple-
tion Report will be prepared rating the contractor's
overall performance for the work assignment. If the
rating is "satisfactory " or better, the contractor will retain
the base fee; however, if the rating is "unsatisfactory",
the base fee will be relumed to the government.
    Performance Fee: The performance fee affords the
contractor an opportunity to earn additional  fee com-
mensurate with the achievement of optimum perfor-
mance based upon an evaluation by the Regional Perfor-
mance Evaluation Board.  The performance fee is to
motivate the contractor to provide excellence in perfor-

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mancc of all contract activities. RACs performance fees
will be earned and payable for completed work assign-
ments receiving a rating of "exceeds expectations" or
"outstanding."

PROGRAM SUPPORT (MANAGEMENT)

    The Agency has structured the Program Support
(management) component of the Response Action Con-
tracts to include:   mobilization, equipment (non-site
specific), ongoing technical support, ongoing adminis-
trative support, and contract close out. The Regions will
periodically issue and negotiate work assignments for
these activities.  Mobilization and contract close out arc
one-time activities; other Program  Support activities
will be ongoing over the period of theconlract. The work
assignment for  mobilization and  initial  work assign-
ments for ongoing program support activities will be
negotiated during contract negotiations prior to award.
This approach provides the  Regions the flexibility to
monitor and control the Program Support costs associ-
ated with the Response Action Contracts and complies
with the Agency's goal to minimize Program Support
costs in Response Action Contracts.

TERM-FORM AND COMPLETION-FORM
WORK ASSIGNMENTS

    The Federal Acquisition  Regulations  (FAR) de-
scribe two forms of cost reimbursement contracts —
completion form and term form. The Response Action
Contracts combine term and completion form under one
contract structure through provisions that permit the
issuance of term-form and/or completion-form  work
assignments at the Agency's discretion.
    The "term  form" describes the scope  of work in
general terms.  It obligates the contractor to devote a
specified level of effort for a stated  time period and is
often called "level of effort" (LOE). The obligation of
the contractor is to provide a specified number of hours
on a "best effort" basis during an  agreed-upon time
period. The contractor is not obligated to deliver an end
product—only todeliverquality hours. Many Superfund
contracts are term-form contracts.
     For those work assignments that cannot be priced
with any certainty, a term-form (LOE) work assignment
will be issued stipulating a specified number of labor
hours. The contractor will submit a work plan describing
the technical approach  to the work, a detailed cost
estimate, and delivery schedule.  To ease work plan
negotiations,  during contract negotiations the Agency
will establish labor rates, escalation factors, overhead,
G&A, and any  other costs that can be predetermined.
These rates will become part of ihe Response Action
Contract for use in work plan costing. These  costs.
besides any other costs unique to the work assignment,
will be negotiated into an estimated cost and lee for the
work assignment.

    The. "completion form" describes the scope of work
by stathg a definite goal or target and specifying an end
product.  This form of contract normally requires the
contractor to complete and deliver the specified product
(e.g., a remedial design) within the estimated cost of the
contract as a  condition for  payment of fees.  If the
contractor cannot complete the product within the stated
estimated cost, the government may elect to provide the
contractor additional funds tocomplete the work without
providing any additional fee. There arc also provisions
in the contract for "changes" in the  scope which may
entitle the contractor to more fee. The basic premise is
that the contractor is paid a fee for the job. If the job docs
not change but the contractor overruns the estimated
cost, the fee is still for the job and does not change. This
approach gives the contractor incentive to complete the
job within the estimated cost.
    For work  assignments that lend themselves to a
performance lypeof specification and can be priced with
some, but not complete, certainty, a completion-form
work assignment will be issued. Completion-form work
assignments will be negotiated and established using the
same process as term-form work assignments (described
above).  If the contractor cannot complete the work
assignment within the estimated cost ~ad r^ns out of
money, the government can provide  funds to complete
the job but will pay no additional fee. If changes to the
scope of work occur during the conduct of performance,
the contractor can claim a "change" which the Govern-
ment may or may not negotiate to include a change in the
fee.
    The Response Action Contracts contain a base quan-
tity for the term-form (level of effort) compon ent of the
contract and a dollar ceiling for the completion-form
component of the contract. The Regions will determine
Ihe distribution of work between the two forms for their
specific contracts. When the base quantity and/or dollar
ceiling is exhausted, the Region will execute a series of
contract modifications as needed to increase contract
quantities or dollars.  Term-form contract increases are
in the form of hours that raise the base quantity. Comple-
tion-form increases are in the form of dollars that raise
the completion-form ceiling.

FOR FURTHER INFORMATION CALL:
     Design and Construction Management Branch
     U.S. Environmental Protection Agency
     401 M Street. S.W. - Mail Code 5203G
     Washington, DC 20460
     703-603-8830

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