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