vvEPA
OSC Warrant Officer Training
OSC Toolbox Guide
Al
gust 2009
CE
RCLA Education Cen
er
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On-Scene Coordinator
Toolbox Guide
Office of Emergency and Remedial Response
U.S. Environmental Protection Agency
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OSC Toolbox Guide
Table of Contents
1. Introduction
1.1 Purpose 1-1
1.2 Audience 1-1
1.3 Background 1-1
1.4 Organization of Document 1-2
2. Authorities
2.1 Response Authorities 2-1
2.1.1 Statutory Authorities 2-1
2.1.2 Regulatory Authorities 2-1
2.2 Contracting Authorities 2-4
2.2.1 FAR/EPAAR 2-4
2.2.2 Funding 2-4
2.2.2.1 Funds Availability 2-5
2.2.2.2 Funds Commitment and Obligation 2-6
2.2.3 Delegated Procurement Authority 2-8
2.2.4 Description and Conditions for Use 2-9
2.2.5 Training Requirements & FAC-COTR 2-9
2.2.6 Acquisition Career Management Information System 2-10
2.2.7 Training Resources 2-11
Appendix 2-A: Procurement Request (Form 1900-8) 2-13
Appendix 2-B: EPA Form 1900-65 2-17
Appendix 2-C: Clean Water Act Delegation 89 (2-89) 2-19
Appendix 2-D: CERCLA Delegation 2 (14-2) 2-21
Appendix 2-E: Interim Policy Notice 09-01 - Federal Acquisition Certification for
for COTR Implementation 2-23
3. Contracting Fundamentals
3.1 Statement of Work & Performance Work Statement 3-1
3.2 Performance Based Contracting 3-2
3.3 Price Objectives and Cost Analysis 3-3
3.3.1 Estimating Direct Costs 3-5
3.3.2 Estimating Other Direct Costs (ODCs) 3-5
3.4 Subcontract Review and Consent 3-6
3.5 Stop Work Orders 3-10
3.6 Conflict of Interest 3-13
3.7 Vulnerabilities 3-13
3.7.1 Inherently Governmental Functions 3-13
3.7.2 Personal Services 3-14
3.7.3 Prohibited Actions Related to Subcontracting 3-14
3.8 Contractor Oversight/Technical Direction 3-15
3.9 Contract File Documentation 3-15
3.10 Contract Labor Provisions 3-15
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3.10.1 Davis-Bacon Act/Service Contract Act Provisions 3-15
3.10.2 Bonding 3-18
4 OSC Tools
4.1 Tools Under Delegated Procurement Authority 4-1
4.1.1 Removal Program Prime Cleanup Contract(s) 4-1
4.1.1.1 Task Orders 4-1
4.1.1.2 Overtime 4-5
4.1.1.3 Cost Tracking 4-5
4.1.1.4 Subcontract Consent 4-6
4.1.1.5 Stop Work Orders 4-6
4.1.1.6 Technical Direction/Daily Work Orders (DWOs) 4-7
4.1.2 Notice to Proceed 4-9
4.1.2.1 Requirements for the use of an NTP 4-10
4.1.2.2 What should be included in an NTP? 4-10
4.1.2.3 Responsibilities Following the Issuance of a NTP 4-11
4.2 Other Tools Not Included in the DPA 4-12
4.2.1 Purchase Cards/Convenience Checks 4-12
4.2.2 Third Party Drafts 4-13
4.2.3 Treasury Checks 4-14
4.2.4 Removal Program Technical Assistance Contract(s) 4-15
4.2.5 Authorization to Proceed (ATP) 4-18
4.2.6 Simplified Acquisition Procedures 4-18
4.2.7 Site-Specific Contracts 4-21
4.2.8 Pollution Removal Funding Authorizations (PRFAs) 4-22
4.2.9 Interagency Agreements (IAGs) 4-22
4.2.10 Response Action Contracts (RACs) 4-23
Appendix 4-A: Task Order Forms 4-25
Appendix 4-B: Sample Daily Work Order/Daily Work Report 4-29
Appendix 4-C: Sample Subcontract Consent Letter and Subcontract Consent and
Review Checklist 4-33
Appendix 4-D: Sample Third Party Draft 4-41
Appendix 4-E: Notice to Proceed Checklist and SF33 and NTP Clauses 4-45
Appendix 4-F: Environmental Services Schedule 899 and Logistics Worldwide
(LOGWORLD) Multiple Award Schedule 874 V 4-57
5. Access to Other Response Resources
5.1 National Response System Special Forces 5-1
5.1.1 National Strike Force (USCG) 5-1
5.1.2 Environmental Response Team (EPA) 5-2
5.1.3 Scientific Support Coordinators (EPA and NOAA) 5-3
5.1.4 Supervisor of Salvage (Navy) 5-3
5.1.5 Radiological Emergency Response Team (EPA) 5-3
5.1.6 Disaster Response Group (USCG) 5-4
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5.1.7 National Pollution Funds Center (USCG) 5-4
5.1.8 National Decontamination Team (EPA) 5-4
5.2 EPA Resources 5-5
5.2.1 EPA Local Governments Reimbursement (LGR) Program 5-5
5.2.2 EPA Laboratories and Offices 5-5
5.2.3 Other EPA Acquisition Resources 5-7
5.3 Other Federal Resources 5-11
5.3.1 U.S. Coast Guard (USCG) 5-11
5.3.2 Department of Defense 5-11
5.3.3 Department of Energy 5-14
5.3.4 Department of Commerce/National Oceanic and Atmospheric
Administration 5-14
5.3.5 Department of Agriculture/U.S. Forest Service 5-14
5.3.6 Department of Interior 5-15
5.3.7 Department of Health and Human Services/Public Health Service 5-16
5.3.8 General Services Administration (GSA) 5-16
5.3.9 Federal Emergency Management Agency (FEMA) 5-17
5.3.10 Nuclear Regulatory Commission 5-17
5.3.11 Federal Bureau of Investigation 5-17
Appendix 5-A: IAG Memorandum and IAG Form 5-19
6. Region-Specific Information
[To Be Provided by Regions]
6.1 Regional Re-delegations of Response Authority
6.2 Task Orders
6.3 Purchase Cards
6.4 Third Party Drafts
6.5 Authorization to Proceed [Basic Ordering Agreement (BOA)]
6.6 Interagency Agreements
6.7 Cooperative Agreements
6.8 Superfund Technical Assessment and Response Team (START) and Site
Assessment Technical Assistance (SATA) Contracts
6.9 Treasury Checks
6.10 Simplified Acquisitions
6.11 Site Specific Contracts
6.12 Other Region-Specific Tools
Acronyms A-l
Glossary of Terms A-3
Important Contacts A-9
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Chapter 1
Introduction
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Chapter 1. Introduction
1.1 Purpose
The purpose of this Toolbox Guide is to assist EPA On-Scene Coordinators (OSCs) and
Federal Classification Series (FCS) 1102 Contracting Officers (COs) by outlining the general
procedures for the acquisition of goods and services required to respond to certain environmental
releases, threats and/or discharges. Release incidents refer to releases, or potential releases, of
hazardous substances or pollutants or contaminants that present an imminent and substantial
threat to the public health and welfare or the environment (the "imminent and substantial threat"
threshold only applies to pollutants and contaminants) or discharges of oil that impact, or
threaten to impact, inland waters of the United States. Such incidents may require immediate
actions, known as removals, which are directed by EPA OSCs. This manual describes the
responsibilities and authorities delegated to OSCs when directing removal actions and identifies
the contracting procedures and other methods that can be used to obtain supplies and services.
1.2 Audience
The guidance in this Toolbox Guide is intended to assist OSCs who have been delegated
limited Federal Ordering Officer and/or Contracting Officer (CO) authority under the Delegation
of Procurement Authority (DPA), in accordance with Federal Acquisition Regulations (FAR) and
EPA Acquisition Regulations (EPAAR). (These authorities are described in Chapter 2 of this
Toolbox Guide.) This Guide also provides guidance for accessing resources that require CO
authority under the DP A, and describes other tools and resources that do not require a DP A, but
may require specialized assistance from other Regional personnel. Chapter 6 provides Region-
specific information on the tools discussed throughout the Guide, as well as additional tools that
may be available in the Region.
1.3 Background
Section 104 of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), requires EPA to develop procurement tools for responding to
emergency releases or threats of releases of hazardous substances to the environment, and
releases of pollutants or contaminants that present an imminent and substantial danger to public
health and welfare. The first guidance on using these tools was issued by EPA on October 9,
1985, entitled "Emergency Ordering and Acquisition Procedures for Hazardous Substance
Response Program." This Guide is an update to the 1985 guidance and clarifies the expanded use
of these procurement tools to responses under the Clean Water Act (CWA), as amended by the
Oil Pollution Act (OPA), and the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act).
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1.4 Organization of Document
This Toolbox Guide is organized into the following sections:
Chapter 2, Authorities, provides information on EPA's statutory and regulatory
authorities and policies for responding to releases of hazardous substances,
pollutants or contaminants, and oil spills as authorized by CERCLA and the
CWA; and the contracting authorities by which EPA staff are able to access
resources needed to respond.
Chapter 3, Contracting Fundamentals, provides basic information on key
contracting elements that serves as an introduction to the more detailed
contracting information provided in Chapter 4.
Chapter 4, OSC Tools, provides information on the policies and procedures for
procurement tools identified under the DPA that are available to Warranted OSCs,
as well as other tools not identified under the DPA that are available to all OSCs.
The appendices to this chapter also include several forms and sample documents
to assist the OSC and CO.
• Chapter 5, Access to Other Response Tools, provides information on other
resources that OSCs can access during a response, including resources from other
EPA programs and offices and resources from other Federal departments and
agencies.
• Chapter 6, Region-Specific Information, provides general information on
resources that are specific to a particular Region including how to access these
resources and related policies. This chapter is prepared for OSCs by their
respective Regional office.
In addition, several quick reference guides are provided with this document and are
included in the notebook cover sleeve. These handy guides are updated and distributed routinely
to provide OSCs and COs with current information.
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Chapter 2
Authorities
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Chapter 2. Authorities
2.1 Response Authorities
2.1.1 Statutory Authorities
Section 104 of CERCLA authorizes EPA to respond to any release or threatened release
of a hazardous substance, pollutant, or contaminants. Section 311 of the CWA authorizes EPA
to take actions to respond to a discharge, or a threat of a discharge, of oil or hazardous substances
to waters of the United States. The following statutes and regulations also govern response
actions: the Superfund Amendments and Reauthorization Act of 1986 (SARA); the U.S. Oil
Pollution Act of 1990 (OPA); the National Oil and Hazardous Substances Pollution Contingency
Plan (the NCP, 40 CFR Part 300); and the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (the Stafford Act), which added authorization for OSCs to respond to certain
hazardous materials incidents resulting from a Presidentially-declared disaster or emergency.
2.1.2 Regulatory Authorities
In the inland zone, the NCP designates the EPA OSC as the Federal official responsible
to coordinate and/or direct responses to discharges or threats of discharges of oil to waters of the
United States. The NCP also designates the EPA OSC as the Federal official responsible for
coordinating or directing responses to releases or threats of release of hazardous substances that
pose a threat to human health or the environment. EPA OSCs may also take necessary response
actions to address releases of pollutants or contaminants that may pose imminent and substantial
danger to public health or welfare. Sections 300.305 and 300.415 of the NCP outline factors to
be considered by the OSC in determining the need for a CERCLA removal action. Finally, as
outlined in the Federal Response Plan, EPA OSCs may take necessary response actions to
respond to hazardous materials incidents resulting from a Presidentially-declared disaster.
Through a series of delegations of authority, the President has provided EPA, and in turn
specific EPA staff such as the OSC, with the authority to direct responses to releases of
hazardous substances, and pollutants or contaminants that present an imminent and substantial
danger to public health or welfare. These responses are defined in the NCP as "removals" or
"removal actions." EPA Headquarters CERCLA Delegations of Authority (Chapter 14) provide
authorities to Regional Administrators to respond at sites located within their respective Regions
and response authorities to the Assistant Administrator for Solid Waste and Emergency
Response. These authorities may be exercised subject to approved funding levels. Regional
Administrators may redelegate to designated On-Scene Coordinators (OSCs) the authority to
determine the need for emergency response and to approve and initiate removal actions costing
up to $250,000 where site conditions constitute an emergency and up to $50,000 where site
conditions do not constitute an emergency. Unless waived by memorandum, the AA/OSWER
must approve the use of the consistency waiver in CERCLA Section 104(c)(1)(C) for removal
actions at sites not proposed to or final on the NPL. When the emergency waiver is used,
Regional Administrators may approve removal actions costing up to $6 million. Regional
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Administrators must seek approval from the AA/OSWER for removal actions costing more than
$6 million requiring the emergency waiver. Further, unless waived by memorandum, the
AA/OSWER must concur prior to the initiation of removal action at non-NPL sites where the
proposed action is on the List of Nationally Significant or Precedent-Setting Removal Action
categories.
OSCs must check their specific Regional delegations to determine the level to which they
have been granted the programmatic authority to respond to a release or threatened release of a
hazardous substance, pollutant, or contaminants. Some Regions have not delegated this
programmatic authority to OSCs. This is being expanded to Branch Chief level or equivalent;
each OSC can check to see what the level is in their region. Other Regions have given OSCs
response authority to for less than $250,000 and some have authorized the full amount. Some
OSCs have been delegated authority to initiate removal actions costing $50,000 and some have
been delegated for the full amount authorized. It is important to note that this response authority
is different from the delegation of procurement authority that will be discussed in Section 2.2.3
of this Guide. OSCs should insert the Headquarters and Regional Response Authority
Delegations in Chapter 6 of this Guide. The Delegations can be found on the EPA intranet page,
EPA@Work, http://intranet.epa.gov/rmpolicv/ads/dm/toc.htm
Exhibit 2-1. Response Delegations
Delegation
Authorities
To Whom Delegated
Chapter 2 - Clean Water Act
Delegation 89 (2-89)
Removal of Discharge or
Threat of Discharge
a. To remove or arrange for
the removal of a discharge
and to mitigate or prevent a
substantial threat of a
discharge.
b. To direct or monitor all
Federal, State, and private
actions.
c. To remove and, if
necessary, destroy a vessel
that is discharging or
threatening to discharge.
d. To consult with affected
trustees.
e. To determine when the
removal is complete.
Regional Administrators,
Assistant Administrator
(OSWER)
Regional Chapter 2-89
As above, a-b
On-Scene Coordinators
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Delegation
Authorities
To Whom Delegated
Chapter 14 - CERCLA
Delegation 2 (14-2)
Response
To respond to any release or
threatened release of a
hazardous substance,
pollutant, or contaminant,
pursuant to CERCLA and
the NCP.
RA
AA(OSWER)
Regional Chapter 14-2
To approve and initiate
Emergency actions costing
up to $250,000 and Non-
emergency actions up to
$50,000.
On-Scene Coordinators
Chapter 1 - General,
Administrative, and Misc.
Delegation 11 (1-11)
Interagency Agreements
To enter into agreement
between EPA and other
Federal agencies, State, etc.
Emergency Support
Function #10, per the FRP
(NRP) mission assignments.
AA's
RA
Regional Chapter 1-11
To accept and issue Mission
Assignments, limited to
actions under the FRP
(NRP).
ESF #10 Regional Chair or
Designee
Other Delegations of Authority that may be redelegated to OSCs
Delegation
Authorities
To Whom Delegated
Chapter 2 - CWA
Delegation 14-D (2-14D)
Emergency TRO's
Request for emergency
Temporary Restraining
Orders to the Dept. of
Justice.
AA
RA
Chapter 2 - CWA
Delegation 29 (2-29)
Spill Prevention Control and
Countermeasure Plan
To perform the EPA
functions and
responsibilities relative to
the SPCC regulations.
AA
RA
Chapter 2 - CWA
Delegation 86 (2-86)
Facility Response Plans
a. To approve means to
ensure the availability of
private personnel and
equipment to implement
facility response plans.
b. To review and approve
FRPs.
RA
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Delegation
Authorities
To Whom Delegated
Chapter 2 - CWA
Delegation 87 (2-87)
Equipment Inspections
To require inspections of
containment boom and oil
spill equipment.
RA
2.2 Contracting Authorities
2.2.1 FAR/EPAAR
The Federal Acquisition Regulations (FAR) establish, in Title 48 of the Code of Federal
Regulations, the acquisition regulations applicable to all executive agencies of the Federal
Government. The Environmental Protection Agency Acquisition Regulations (EPAAR) codifies
the policies and procedures of EPA which implement and supplement the FAR. The FAR may
be found on the Internet at http://www.arnet.gov/far or http://farsite.hill.af.mil/.
2.2.2 Funding
All acquisition tools outlined in this Guide require a funding action prior to obtaining
goods or services with the tool. Some of these funding actions may require direct OSC
involvement, others may be initiated by other staff in the Regional office; however, the OSC
must always be mindful of the availability and commitment of funds prior to using any of the
acquisition tools outlined in this Guide. Making monetary commitments on behalf of the U.S.
Government without proper authority and available funds results in a violation of the Anti-
Deficiency Act (31 U.S.C. 1341). The Anti-Deficiency Act generally requires that funding be
available prior to any expenditures, with criminal and financial penalties for violating the Act.
As limited Contracting Officers, the Warranted OSC is authorized to obligate the
government in a financial transaction; therefore, the potential for Anti-Deficiency Act violations
is of great concern. It is the responsibility of the official authorizing the acquisition tool to
ensure that proper funding and obligating mechanisms are in place. For many of the tools
described in this Guide, this will be the responsibility of the Warranted OSC. In addition, some
contractors or vendors may choose to interpret the OSC's words or actions as ordering work, and
then attempt to invoice the government for this "implied" order. OSCs are in a unique situation
to have both the authority to "Federalize" and direct a response and the limited contracting
warrant authority; therefore, it is important to always be clear about the authorities being used.
There are two critical components to ensuring proper funding of an acquisition tool:
1. There must be funds available to cover the activity; and
2. Funding must be properly authorized through the use of a procurement request or
other funding document.
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2.2.2.1 Funds Availability
With respect to funding availability, the beginning and end of fiscal years are times to be
especially cautious. CERCLA and Clean Water Act funds provided to the Regions each year are
returned to Headquarters if not obligated by September 30 of that year. For this reason, interim
deadlines are placed on many processes, such as Interagency Agreements, purchase cards, and
contract obligations, to allow sufficient time to process all the documents required to ensure the
actual obligation takes place by September 30 of the current fiscal year. Some of these deadlines
are national, others are Regional; but they can still impact the work to be performed. These
deadlines must be considered in the planning process. True emergencies can generally receive
exceptions to many of these deadlines; however, a lack of planning may not be viewed as a true
emergency.
At the beginning of a new fiscal year (October 1), available funding is dependent on the
budget passed by Congress and signed by the President. For the years when a new budget is not
signed by the new fiscal year, a Continuing Resolution is required to keep the Government
operating until the budget is passed. Typically prior to the end of the fiscal year, the Office of
Emergency Management (OEM) at EPA Headquarters provides the Regions with both CERCLA
and OPA "emergency spending authority." This emergency spending authority allows the
Regions to fund emergency responses to hazardous substance releases or oil spills or to keep
ongoing projects from shutting down, while awaiting a final budget or receipt of interim funding.
OSCs should be aware of this emergency spending authority or receipt of funding, because
without it, there is no Regional money to pay for a response. In addition, purchase cards are
often not funded during this time. Even when a budget has been signed by October 1, the Office
of Management and Budget (OMB) must still distribute the funds to EPA. Therefore, it may take
time for final distribution of Regional Advice of Allowance (AO A). Typically, a portion of the
anticipated budget is distributed to the Regions for use while the budget is being finalized. For
these reasons, OSCs should always confirm funding availability before authorizing any work or
purchases, especially at the beginning and end of each fiscal year.
When EPA conducts a response to an oil spill under the CWA, as amended by the OPA,
or a response to a disaster under the Stafford Act, additional funding issues must be taken into
consideration. Funding for oil spills comes directly from the Oil Spill Liability Trust Fund
(OSLTF) which is managed by the U.S. Coast Guard (USCG) through the National Pollution
Funds Center (NPFC). To obtain funding authority, the EPA OSC must contact the USCG
District Office with jurisdiction and request that a Federal Project Number (FPN) be opened and
a cost ceiling established for the response. Once a FPN is received, the OSC or other Regional
personnel must then request EPA's Cincinnati Finance Center to establish site-specific Regional
account numbers. Usually reimbursable and non-reimbursable account numbers are established
and the reimbursable account number is used on commitment documents for obtaining goods
and services for the response. Reimbursable account numbers are also used for EPA staff time of
non-OPA funded positions and overtime and travel for OPA-funded personnel. Non-
reimbursable account numbers are used for EPA staff funded by OPA appropriations. Use of
this number ensures costs are properly tracked for cost recovery purposes. The actual funding
used by the Cincinnati Finance Center for most small to medium-sized OPA responses comes
from a national "umbrella" Interagency Agreement (IAG) between EPA and the USCG. For
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longer term, and larger oil spill responses, a site-specific IAG may be required between the
Region and USCG to provide funding for the response. When a site-specific IAG is used, the
Region must also be granted sufficient "reimbursable authority" from EPA Headquarters Finance
to cover the anticipated cost of the response. This is usually done by personnel in the Regional
Management Office, but may delay the initiation of activities. For responses under the umbrella
IAG, this "reimbursable authority" has already been granted to the Region.
For responses to Presidentially-declared disasters and emergencies under the Stafford Act, the
Federal Emergency Management Agency (FEMA) provides funding authority to EPA through
the issuance of Mission Assignments. Similar to an oil spill response, the EPA OSC, or
appropriate Regional personnel, must then contact Headquarters Finance for approval of
"reimbursable authority" and then the Cincinnati Finance Center to request the establishment of
reimbursable account numbers for the activities. The reimbursable account numbers are then
used on commitment and obligation documents to obtain goods and services for the response.
Unlike CERCLA and OP A, for FEMA responses, a formal site identification number is not
established. Regions may wish to use a four-digit numerical tracking system for contractors to
use in the Removal Cost Management System (RCMS) and other documentation (see Section
4.1.1.3 for more information on tracking costs using RCMS).
Some EPA contracts, such as the START contract, are bulk-funded. This means that
certain types of funding (i.e., CERCLA or OP A) are genetically obligated at the contract level.
The OSC should be aware that funding limitations may exist that could limit access to the
START contract, or make prioritization of work necessary. When a Technical Direction
Document (TDD) or Work Assignment (WA) is issued for site-related work, site-specific
accounting information must be supplied to the contractor. This ensures proper cost tracking and
accurate cost recovery. When using the START contract for oil spill or Stafford Act responses,
site-specific funds may need to be committed by a Procurement Request (PR) and obligated to
the contract through a contract modification issued by the Contracting Officer. This funding
becomes available after the OSC has received the proper funding authority by either opening a
FPN or receiving a Mission Assignment. Although most of the funding issues related to the
START contract will be handled by the CO or PO, the OSC should always ensure sufficient
funding is available on the contract before tasking the contractor with work.
2.2.2.2 Funds Commitment and Obligation
The second critical component to ensure funding of an acquisition tool is proper
commitment and obligation of funds. The two most frequently used commitment mechanisms,
along with common methods of obligating funds, are discussed below:
• A Procurement Request or PR (EPA Form 1900-8; see Appendix 2-A of this
Guide) is typically used to fund extramural (outside the Agency) activities. The
PR is a commitment document which reserves funding for specific goods or
services. PRs are used for funding the ERRS contract (including Task Orders),
Notices to Proceed, the START contract, Authorizations to Proceed for Basic
Ordering Agreements, site-specific contracts, and acquisitions using the
Simplified Acquisition Procedures. Each Region has an approval process
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required for committing funds through a PR which may require the signature of a
Branch Chief, or a Division Director or equivalent. This process may take some
time to complete, so the OSC should ensure there is sufficient time for processing
the PR.
Except for emergency responses where there is insufficient time, funding must be
committed prior to being obligated on an acquisition vehicle, such as a contract,
task order, or work assignment. (An analogy of a commitment is writing a check
and an obligation is handing the check to a vendor in exchange for goods or
services.) The obligation process actually freezes the committed funds and makes
those funds available only to a specific vendor for a specific task(s). The
obligation document is the actual signed or modified contract, Task Order, Notice
to Proceed, Authorization to Proceed, site-specific contract, or verbal
authorization to begin work, which is required to be followed up by a written
obligating document within the time frame outlined in the contract (usually
between two to five business days). Until the obligating document is issued, or a
verbal authorization is given by the CO or Warranted OSC within his/her limits of
authority, the contractor has not been activated and cannot begin work.
In Chapter 6 each Region needs to set forth the procedures used to ensure funds
availability during an emergency response. Because of the nature of emergency
response work there is not always sufficient time to commit funds prior to
issuance of the obligation document. This is not a violation of the Agency's funds
control procedures as long as the OSC or CO follows regional procedures and has
determined that funds are available for the emergency response contractor
services. In many Regions the Removal Manager maintains a "checkbook" and is
aware, at any given moment, of the amount of available funds. OSCs and COs
may issue an obligation document to respond to an emergency as long as the
regional procedures for ensuring funding availability have been followed.
Issuance of an obligation document for an amount in excess of available funding
could create a violation of the Anti-Deficiency Act. It is important that each
Region maintain strict control over the level of available funding for emergency
responses.
The nature of the Superfund and Oil programs emergency response work is unique
to the entire Agency. This guidance may not, in any way, be used to justify
contractor work to proceed prior to the commitment of funds for any other Agency
purpose.
Although not mandatory, Regions should consider have funding committed on
emergency PRs as soon as funding becomes available each year to ensure
availability of funds for emergency response, without risking problems related to
the Anti-Deficiency Act. These emergency PRs have generic accounting
information for both a CERCLA and OP A response capability. A copy of both
the CERCLA and OPA PRs should be provided to the CO and warranted OSCs so
that in an emergency the CO or OSC when necessary can obligate the funds and
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activate contractors quickly New funding should then be committed on new
emergency PRs and distributed to the CO. If site-specific account numbers cannot
be set up in time to be included on the obligating documents, a modification to the
obligating document will be required to change the funding designation to a site-
specific tracking number.
• A Commitment Notice (EPA Form 2550-9) is another type of commitment
document, normally used for IAGs (formalizing financial transactions between
Federal Government agencies), grants, and cooperative agreements. A
Commitment Notice is also used for funding Third Party Drafts (TPDs). On
TPDs, a PR may also be required to pay for financial institution fees such as check
processing fees for checks. Similar to a PR, a Commitment Notice requires an
approval process that is established in each Region.
Funding procedures for purchase cards and Pollution Removal Funding Authorizations
differ from those discussed above.
• Although funding of purchase cards may be handled slightly differently in each
Region, the Cincinnati Finance Center, has primary responsible for the overall
purchase card program and processing. In most Regions, funding is directly
designated through the budget process for purchase card utilization. Purchase
card holders must be familiar with their Regional limitations and policies. See
Section 4.1.2 for detailed information on using purchase cards.
• Pollution Removal Funding Authorizations (PRFAs) are a tool used under
OPA to reimburse other Federal or non-Federal agencies for assistance on an oil
spill response. Using this tool, these agencies may be paid directly by the USCG
for their participation in oil responses. PRFAs require the OSC to develop a
Statement of Work (SOW) and a cost ceiling which is then provided to the
assisting agency. Costs for work within the outlined SOW and ceiling are then
reimbursed directly by the Coast Guard. See Section 4.2.6for detailed
information on the use of PRFAs.
2.2.3 Delegated Procurement Authority
The Superfund/Resource Conservation and Recovery Act (RCRA) Regional Procurement
Operations Division of the Office of Acquisition Management delegates OSCs with limited
procurement authority (a "warrant") to provide essential goods and services during Federal
response actions.
Before obtaining a warrant, OSCs must receive training to understand the limitations of
their warrant authority. In addition, according to the FAR, the individual who appoints an OSC
as a Warranted CO must consider education, training, business acumen, judgment, character, and
reputation. It is important to understand that OSCs derive programmatic response authority to
conduct removal actions from the NCP and then use various contracting vehicles or tools to
exercise this authority. The OSC's programmatic response authority to initiate and conduct a
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removal action comes from authority given to the President by Congress. The limited delegation
of procurement authority an OSC receives after satisfactorily completing required training is one
of the tools OSCs use to gain access to resources that allow them to carry out their programmatic
response authority.
2.2.4 Description and Conditions for Use
After OSCs are given limited CO procurement authority, they are allowed to enter into
contracts and make related determinations and findings, subject to the limitations in their
warrant. Actions under this authority, including the procurement of supplies and services, must
be taken pursuant to the NCP and one or more of the following statutes: CERCLA Section 104;
CWA Section 311, as amended by OPA; Subtitle I of RCRA for leaking underground storage
tank actions; and the Stafford Act. All actions must also be consistent with the requirements
outlined in the FAR and the EPAAR.
2.2.5 Training Requirements & FAC-COTR
Warranted OSCs are considered Level II ordering officers under the Contract
Management Manual (CMM), Chapter 8. In addition to being Level II ordering officers, OSCs
can also be designated to serve as Contracting Officer Representatives (CORs) under the
Agency's primary emergency response contracts (START and ERRS). Effective October 1,
2008, Interim Policy Notice (IPN) 09-01 (please see Appendix 2-E) implemented FAC-COTR
which is the new federally mandated certification requirement for Contracting Officer Technical
Representatives (COTRs; also known at EPA as CORs). The FAC-COTR program provides for
certification of Contracting Officer Representatives and standardizes the competencies and
training for CORs across civilian agencies.
NOTE: As October 1, 2008, the Agency's COR training requirements previously set
forth in Section 42.1 of the EPA Contracts Management Manual (CMM) have been superseded
by the new federally mandated training requirements.
Warranted OSCs must complete 40 hours of basic acquisition training, which includes the
32-hour OSC Warrant Course and an 8-hour Purchase Card Course. During each training cycle,
OSCs must complete 40 hours of continuous learning training to maintain their FAC-COTR
certification. As Level II Ordering Officers, OSCs should take a combination of acquisition
related training and technical training to satisfy this requirement. The OSCs supervisor in
consultation with the Office of Acquisition Management (OAM) must concur/approve all
acquisition related training. OSCs must complete the required Contracting Officer's
Representative (COR) on-line courses, EPA Basic Training, and elective courses, and OSC
Warrant Course to receive their FAC-COTR certification and warrant. Additionally, all OSCs
must complete a one-day Purchase Card training course to qualify for a purchase card.
Exhibit 2-2 summarizes the OSC Level II Contracting Officer training requirements.
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Exhibit 2-2: OSC Level II Contracting Officer Training Requirements
Required Training
Required Hours
Frequency
*On-line COR Courses
40 hours
CORs Appointed after 6/1/08:
Mandatory 22 hours of FAI on-
line or commercially-provided
core-competency classroom
training
- Mandatory 8 hours of EPA Basic
Training
- Elective Courses 10 hours
*Refer to Appendix 2-E for specific
training guidance
^Purchase Card Course
8 hours
Required one time only.
OSC Warrant Course
32 hours
Initial course - one time only
FAC-COTR Recertification
Continuous Learning
Requirement
40 hours
CORs must fulfill this training
requirement each training cycle to be
recertified as a COR. The current
training cycle for CORs ends September
30, 2010.
* Preferred to be completed prior to the OSC Warrant Course.
2.2.6 Acquisition Career Management Information System
All Agency CORs are required to register and track their training in the Acquisition
Career Management Information System (ACMIS). The Acquisition Career Management
Information System, accessible atwww.acmis.gov, is the central acquisition workforce
information system for all civilian agencies. ACMIS serves as the mechanism for tracking and
maintaining training records in support of the FAC-COTR and EPA's COTR training program.
In accordance with OFPP Policy Letter 05-01, COTRs must enter and update their training
information in ACMIS in a timely manner to reflect their current training and certification status.
If COTRs experience trouble with ACMIS, please email the OAM ACMIS support team at
acmissupport@epa.gov.
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2.2.7 Training Resources
Office of Acquisition Management (QAM) Training Home Page
The OAM training homepage contains information related to updates on COR training
requirements, training cycles, training schedules for EPA sponsored courses, forms, etc. The
OAM training homepage is accessible at: http://oamintra.epa.gov/?q=/node/18.
The Acquisition Training System
The Acquisition Training System (ATS) is an internal database that contains training
records for the following EPA delivered courses:
• Purchase Card Course
• Purchase Card Refresher Course
• Contracting Officer's Representation (COR) Training Course
• Federal Acquisition Institute's COR Mentor Program
• COR Recertification Course
• Contract Administration for Supervisors Course
• DAU On-Line Basic COR Training
The database can be used to view individual training records, print transcripts that
document successful completion of the course, and to track due dates for refresher/recertification
training. The Acquisition Training System is accessible at the following link:
http://dcrroam05.reagan.epa.gov:9876/NATAPPS/ATS/ATSPeopleDB.nsf/.
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Appendix 2-A
Procurement Request (Form 1900-8)
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United States
Environmental Protection Agency
Washington, DC 20460
PROCUREMENT REQUEST/ORDER
1. Name of Originator
2. Date of Requisition
3. Mailcode
4. T elephone Number
5. Date Item Required
6. Signature of Originator
7. Recommended Procurement Method
Competitive _x_ Other than full and open competition _ Sole source small purchase
8. Deliver To (Project Manager)
9. Address
10. Mail Code
11. T elephone Number
12. Suggested Source (Name, Address, ZIP Code, Phone/Contact)
13. Amount of money committed is:
Original
14. For Small Purchases Only: Contracting Officer is authorized to exceed
the amount shown in Block 26 by 10% or $100, whichever is less.
_Yes _No
15. Approvals
a. Branch/Office
Date
d. Property Management Officer/Designee
Date
b. Division/Office
Date
e. Other (Specify)
Date
c. Funds listed in Block 26 and Block 14 (if any) are available and reserved. (Signature and phone number of Certifying Official)
Phone Date
16. DateofOrder:
17. Order Number
18. Contract Number (if any) 19. Discount Terms
20. FOB Point 21. Delivery of FOB Point by ON or before (Date)
22. Person Taking Order/Quote and Phone Number
23. Contractor (Name, address, ZIP Code)
24. Type of Order a. Purchase
Reference your quote (See block 22)
Please furnish the above on the terms specified on both sides of this order and on the attached sheets, if any, including as
indicated
b. Delivery provisions on the reverse are deleted. The delivery order is subject to the terms and conditions of the
contract, (See Block 19)
Oral Written Confirming
25. Schedule
Item Number (a)
Supples or Services (b)
Quantity
Ordered
(c)
Unit
(d)
Estimated
Unit Price(e)
Unit
Price (f)
Amount
(g)
Quantity
Accepted(h)
Total $
SFO (Max 2):
26. Financial and Accounting Data
DCN
(6)
Budget/FY
Appropriation Code
(6)
Bud Org/Cost
(7)
Program Element
(9)
Object Class
(4)
Amount (Dollars)
(Cents)
Site/Project
(8)
Org/Code
1
2
3
4
5
27. UnitedStates of America by (Signature)
28. lypedName andPhone of Contracting Officer
Phone
EPA Form 1900-8 (Rev. 5-95) Electronic and paper versions acceptable. COPY 1 - PROCUREMENT FILE/CONTRACTING OFFICER
Previous editions are obsolete.
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Appendix 2-B
EPA Form 1900-65
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United Slates Environmental Protection Agency
NOMINATION Ol- fill CONTRACTING OFFICER'S REPRESENTATIVE (COM)
Submit this fonn to the cognizant contracting officer within the Office of Acquisition Management or Regional contracting office The contracting
olTiccr will respond to this nomination, in writing, to both tlie nominee and (he nominee's immediate supervisor For additional information on the
requirements ihr being a COR, see Chapter -12 of the Contracts Management Manual.
la. Name of Nominee:
b. Title, Series, and Grade;
c Mailing Address:
Organization (AAship):
Office:
Mail Code:
Street Address:
City, State & Zip Cade:
d. E-mail Address:
e. Pboae Number:
f. Fax Mustier
_ Contract-level COR Delivery Order COR Task Order COR
Work Assignment COR Other or alternate (specify);
Under Contract Number
3. COTR (AKA COR) Training Completed (for COTR definitions, sec Interim Polky Notice (1PN) # 09-01):
(A) Existing COTRj FAC-COTR certification issued! Y / M Bate issued:
(B) New COTRs
i - Specified five online WAV DAB coarse* (22 CLPs) Date completed;
OK
commercial core competency coarse
II - 8-bonr EPA basic training course (8 CLPs_)
Date completed: _
4 FAC-C OTR Certification for New COTRs:
On an attached sheet of piper, briefly describe how the nominee plans to complete tie required remaining training in elective courses (to
sum to the required 40 CLPs). Completion deadline for new COTRs is six months niter completing the 8-hour EPA basic training.
5. I umlmtumi dw( m\ eligibility to be a COM is dependent on adequately performing ay COR d sties, following ethical standards of
conduct for employees of the Executive Branch, and maintaining my training. M my of these conditions are not met, I may be removed
from this contract. "
I cannot redelegate my COR duties. In the event that I am unable to continue performing my COR duties, I wfll contact the contracting
officer immediately.
1 have filed Office of Govt Ethics Form 450, Confidential Financial Disclosure Report, with the cognizant Deputy Ethics Official.
Signature of Nominee
<>. If there is a need to remove the COR, for any reason, I will notify the contracting officer immediately.
Signature of Nominee's Immediate Supervisor
Phone number:
Print Name and Titie:
Date
E-mail address:
EPA Form ! 900-65. (Rev. 10-08) Previous Fditions Obsolete Hlccironic and paper vera ions acceptable.
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Appendix 2-C
Clean Water Act Delegation 89 (2-89)
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CLEAN WATER ACT
2-89. Removal of Discharge or Threat of Discharge
1200 TN 312
1/19/93
1. AUTHORITY. Pursuant to section 311 (c) of the Clean Water Act, as amended by the Oil
Pollution Act of 1990 (OPA):
a. To remove or arrange for the removal of a discharge and to mitigate or prevent a
substantial threat of a discharge;
b. To direct or monitor all Federal, State, and private actions;
c. To remove and, if necessary, destroy a vessel that is discharging or threatening to
discharge;
d. To consult with affected trustees; and
e. To determine when the removal is complete.
2. TO WHOM DELEGATED. The authority in 1 .a., 1 .b., 1 .c., and 1 .e. is delegated to the Regional
Administrators and the Assistant Administrator for Solid Waste and Emergency Response. The
authority in 1 .d. is delegated to the Regional Administrators and the Assistant Administrator for
Solid Waste and Emergency Response, and to the Assistant Administrator for Water in those
situations where EPA is coordinator of long term restoration.
3. LIMITATIONS.
a. Section 1011 of the OPA limits the authority in I.e. to cases that involve the discharge of
oil.
b. The authority in section 1 .a. to 1 .d. is to be exercised in accordance with the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP) and appropriate Area
Contingency Plans, in order to ensure immediate and effective response.
c. The authority in 1 .b. includes issuance of orders.
4. REDELEGATION AUTHORITY. This authority may be redelegated to On-Scene Coordinators.
5. ADDITIONAL REFERENCES.
a. Delegation 2-85, January 19,1993, entitled "Administrative Orders Under Section 311 (e)
of the Clean Water Act."
b. NCP (40 CFR Part 300).
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Appendix 2-D
CERCLA Delegation 2 (14-2)
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THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT (CERCLA)
14-2. Response
1200 TN 531
11/08/2001
1. AUTHORITY. To respond to any release or threatened release of a hazardous substance, pollutant, or
contaminant, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), Section 104, and 40 CFR Part 300, "National Oil and Hazardous Substances Pollution
Contingency Plan" (NCP).
2. TO WHOM DELEGATED. Assistant Administrator for Solid Waste and Emergency Response
(AA/OSWER) and Regional Administrators.
3. LIMITATIONS.
a. These authorities shall be exercised subject to approved funding levels.
b. Regional Administrators may exercise these authorities only at sites located within their
respective Regions, unless there is a memorandum of agreement that authorizes cross-
boundary emergency response.
c. Regional Administrators may select a response action. Consultation prior to selection may be
required by memorandum from the AA/OSWER.
d. Unless waived by memorandum, the AA/OSWER must approve the use of the consistency
waiver in Section 104(c)(1)(C) of CERCLA for removal actions at sites not proposed to or final
on the National Priorities List (NPL).
e. When the emergency waiver in Section 104(c)(1)(A) is used, Regional Administrators may
approve removal actions costing up to $6 million. Regional Administrators must seek approval
from the AA/OSWER for removal actions costing more than $6 million and requiring the
emergency waiver. This limitation may be waived or modified by memorandum from the
AA/OSWER.
f. Unless waived by memorandum, the AA/OSWER must concur prior to the initiation of a
removal action at non-NPL sites where the proposed action is on the List of Nationally
Significant or Precedent-Setting Removal Action categories.
4. REDELEGATION AUTHORITY.
a. The AA/OSWER may redelegate these authorities to the Office Director level, or equivalent,
and no further.
b. Regional Administrators may redelegate these authorities to the Branch Chief level, or
equivalent, and no further.
c. Regional Administrators may redelegate to designated On-Scene Coordinators (OSCs) the
authority to determine the need for emergency response and to approve and initiate removal
actions costing up to $250,000 where site conditions constitute an emergency and up to
$50,000 where site conditions do not constitute an emergency.
5. ADDITIONAL REFERENCES.
a. CERCLA, Sections 101(23), 101(24), 105, 113, 116, 117, 118, 120, 121, and 126(b).
b. 40 CFR 35, Subpart O, "Cooperative Agreements and Superfund State Contracts for Superfund
Response Actions."
c. EPA Delegation 14-1, Superfund State Contracts and Cooperative Agreements.
d. EPA Delegation 14-17, National Priorities List.
e. EPA Delegation 14-22, Response Action Administrative Record.
f. EPA Delegation 14-30, Acquisition of Property.
g. Limited Contracting Officer Warrant Authority issued to designated OSCs.
h. "Use of Non-Time-Critical Removal Authority in Superfund Response Actions," OSWER
Directive 9360.0-40P, February 14, 2000, specifying the Director, Office of Emergency and
Remedial Response/OSWER will consult with the Director, Office of Site Remediation
Enforcement/OECA prior to concurring on any engineering evaluation/cost analysis approval
memorandum for a Fund-lead action that could exceed $6 million.
i. All other directives, policy, and guidance issued by OSWER and OECA pertaining to response
and consultation requirements.
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Appendix 2-E
Interim Policy Notice 09-01
Federal Acquisition Certification for COTR
Implementation
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lUdiL SEPA@Work 5S£§^
QffiC# Of ACQUHIflOII Mllllfl
Interim Policy Notice 09-01
Federal Acquisition Certification for
Contracting Officer's Technical Representative
(FAC-COTR)
Implementation
Table of Contents
Introduction 3
Section 1 - Overview of FAC-COTR
Program 4
1.1 Background
1.2 Core Competencies
1.3 FAC-COTR Training Requirements
1.4 Applicability
Section 2 - EPA Implementation of Certification
Requirements 5
2.1 General Framework
2.1.1 Definition of Existing COTR
2.1.2 Definition of Transitional COTR
2.1.3 Definition of New COTR
2.2 Requirements to Obtain Certification
2.3 Requirements to Maintain Certification
Section 3 - Certification Oversight and
Administration 8
3.1 Acquisition Career Management Information System
3.2 Certification Process
3.3 Deferment
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3.3.1 Deferment of Appointment Eligibility for
Transitional and New COTRs
3.3.2 Deferment of Certification Eligibility for COTRs
Appendix A FAI Free Online and Live Commercial Core Competency
Courses
Appendix B Federal Acquisition Institute Guidance for Contracting Officer
Technical Representative Continuous Learning Points
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Introduction
This Interim Policy Notice (IPN) implements the new federally-mandated
certification requirement for Contracting Officer Technical Representatives
(COTRs; also known at EPA as CORs). It establishes the interim processes and
procedures governing EPA's structured COTR training program, and supersedes
the COR training requirements set forth in Section 42.1 of the EPA Contracts
Management Manual (CMM).
The Office of Federal Procurement Policy (OFPP), within the Office of
Management and Budget, established the Federal Acquisition Certification for
Contracting Officer Technical Representatives (FAC-COTR) program by
memorandum issued on 26 November 2007. The FAC-COTR program provides
for certification of COTRs and standardizes the competencies and training for
COTRs across civilian agencies. Specifically, FAC-COTR requires (1) formal
certification for all existing and newly-appointed COTRs, and (2) ongoing
continuous learning to maintain certification.
Since the institution of FAC-COTR, the Office of Acquisition Management (OAM)
has explored various options for the most efficient and effective implementation
of the new federal certification requirement. Consistent with its commitment to
engage in open communications with customers, OAM afforded Agency
stakeholders an opportunity to provide their input and views on COTR training
needs within the larger FAC-COTR framework.
Based on the feedback received, and on OAM's independent assessments, OAM
is in the final stages of formalizing a detailed COTR training policy and program
that will be incorporated in Section 42.1 of the CMM. This IPN provides the
interim implementation of the program pending the final amendments to the
CMM. This IPN is effective 1 October 2008, and will remain in effect until the
proposed CMM changes undergo the required Agency's Directive Clearance
process and are adopted as final.
This IPN details the requirements for COTR training and certification, including
information on the COTR Basic training changes, earning Continuous Learning
Points (CLP), tracking CLPs via the Acquisition Career Management Information
System (ACMIS), obtaining the FAC-COTR for both existing and prospective
COTRs, and maintaining the FAC-COTR certification.
As part of our continuing efforts to enhance the proficiency and skills currency of
the Agency's COTR community, OAM will continue to partner with Agency
stakeholders to identify and develop additional results-oriented, agency-specific
training opportunities for COTRs. It will also continue to work closely with
COTRs to provide guidance and recommendations on other training courses and
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options to strengthen COTR competencies. These additional efforts will further
facilitate the proper management of the Agency's resources at all phases of the
acquisition life cycle.
Section 1 - Overview of FAC-COTR Program
1.1 Background
The Services Acquisition Reform Act of 2003, P.L. 108-136, expanded the definition
of acquisition workforce to include functions performed by COTRs, such as
requirements development, performance management, and technical direction.
OFPP Policy Letter 05-01 built upon this broader definition of acquisition workforce
and required the Federal Acquisition Institute (FAI) to make recommendations for a
program and project management certification program. By memorandum issued on
26 November 2007, OFPP establishes FAC-COTR as a structured training program
for COTRs. The program is intended to provide uniform competencies and training
across civilian agencies. This IPN implements the requirements of FAC-COTR. It
prescribes general COTR training requirements to ensure the high-quality,
competency, proficiency, and accountability of the Agency's COTR community.
1.2 Core Competencies
FAC-COTR consists of competency-based core training and other agency-specific
courses and/or electives to achieve and maintain certification. The OFPP identified
core competencies, as set forth in Figure 1 below, include both professional
business and technical competencies.
Figure 1: Core Competencies for Contracting Officer Representatives
•
Oral Communication
•
Interpersonal Skills
•
Decision-Making
•
Self Management/Initiative
•
Teamwork
•
Integrity/Honesty
•
Problem solving
•
Planning and Evaluating
•
Attention to Detail
•
Influencing and Negotiating
•
Reasoning
•
Writing
•
Flexibility
•
Project Management
i
I
•
Understanding COTR duties, responsibilities and
•
Defining Business Relationships
obligations
•
Understanding the Marketplace
•
Effective Communication of Contract
•
Effective Communication
Requirements
•
Defining Government Requirements in
•
Effective Performance Management
Commercial/Non-Commercial Terms
•
Strategic Planning
•
Effective Negotiation and Analytical Skills
•
Detailed Evaluation Skills
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1.3 FAC-COTR Training Requirements
The FAC-COTR program requires formal certification for all existing and newly-
appointed COTRs at civilian agencies. It also requires ongoing continuous learning
to maintain skills currency and certification. To obtain initial certification, COTRs
must earn a total of 40 hours of training. Twenty-two of the required 40 hours of
training must cover the above core competencies. Certified COTRs must earn a
minimum of 40 CLPs every two years to maintain certification. Generally, one CLP
is equivalent to one hour of training.
Note: As OAM works towards implementing the subject OFPP guidance, it has
created a three-year "transition cycle" from 1 October 2007 - 30 September 2010.
Therefore, any FAC-COTR obtained as a result of this IPN is valid until 30
September 2010. All subsequent cycles will be two years (e.g., 1 October 2010-30
September 2012)
1.4 Applicability
FAC-COTR applies to all individuals appointed COTR responsibilities, including
monitoring contractor performance and administering contracts. These
individuals are authorized in writing by the agency Contracting Officer (CO) to
perform prescribed administrative and/or technical functions with respect to
contracts, simplified acquisition purchase orders, and orders placed under
General Services Administration Multiple Award Schedule Contracts,
Government-wide Acquisition Contracts, and Multi-Agency Contracts.
Section 2 - EPA Implementation of Certification Requirements
2.1 General Framework
To realign EPA's COTR training program to meet the FAC-COTR requirements,
EPA requires a combination of mandatory government-wide and Agency-specific
courses to ensure basic COTR competency. To further enhance COTR
knowledge and skills currency, EPA's COTR training program embraces the full
suite of available elective online training and live instruction by EPA and
commercial providers. This flexibility will provide comprehensive training
opportunities to promote effective performance of COTR-delegated contract
management responsibilities.
2.1.1 Definition of Existing COTR
An "existing COTR" is defined as any employee who has passed one of the
following four offerings prior to 1 June 2008:
1 - the 3-day classroom OAM Basic COR course (24 hours);
2 - the former FAI COR Mentor online course (24 hours);
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3 - the five online courses from FAI/ DAU (22 hours) identified in Appendix A,
or
4 - one of the commercial core-competency courses identified in Appendix A.
EXISTING COTRs GENERALLY MEET THE OFPP REQUIREMENT FOR
FAC-COTR. AND WILL BE CERTIFIED BASED ON EACH COTR's
EARLIER TRAINING RECORD
2.1.2 Definition of Transitional COTR
A "transitional COTR" is defined as a COTR who has taken #1, #3 or #4
identified in 2.1.1 between 1 June 2008 and 30 September 2008. Individuals
who took either #3 or #4 must complete the mandatory 8 hours of EPA Basic
Training (Section 2.2B) by 31 March 2009; those who took #1 already meet
the requirements.
2.1.3 Definition of New COTR
A "new COTR" is defined as a COTR who takes either #3 or #4 identified in
2.1.1 and the mandatory 8 hours of EPA Basic Training (Section 2.2B) on or
after 1 October 2008.
A summary of the training requirements for each of these three COTR categories is
provided in Figure 2 below.
2.2 Requirements to Obtain Certification
To obtain FAC-COTR certification, COTRs must earn a minimum of 40 hours of
training.
- Existing COTRs generally meet the OFPP requirement for FAC-COTR and will
be certified based on each COTR's earlier training record.
- Transitional COTRs have already completed the total of 22 hours of mandatory
core competency and are eligible to be appointed to perform COTR
responsibilities, although they will not be eligible for FAC-COTR certification until
completion of the 8 hours of EPA-specific basic training and remaining training in
elective courses.
- New COTRs must complete the total of 22 hours of mandatory core-
competency and 8 hours of EPA-specific basic training before being eligible to be
appointed to perform COTR responsibilities. New COTRs must complete the
remaining training in elective courses before being eligible for FAC-COTR
certification.
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Specifically:
(A) Mandatory Core Courses: New COTRs must complete either #3 or #4
identified in 2.1.1. (Transitional COTRs have already completed this
requirement between 1 June 2008 and 30 September 2008.)
(B) Mandatory EPA-Specific Course: Transitional and new COTRs must
complete a NEW mandatory 8-hour EPA-specific basic course entitled
"EPA Basic Contracting Officer Technical Representative Training." New
COTRs must complete either #3 or #4 described in (A) above before they
are eligible to take this mandatory 8-hour training. Transitional COTRs
must complete this mandatory 8-hour training by 31 March 2009.
(C ) Required Training in Elective Courses: Transitional COTRs must
complete the remaining training hours in any of the elective courses or
other training activities identified in Appendix B by 31 March 2009. New
COTRs must complete the remaining training hours within 6 months from
the date of completion of (B) above.
NOTE TO TRANSITIONAL COTRS: Transitional COTRs must complete the
mandatory 8-hour training and remaining training hours by 31 March 2009.
Any transitional COTR who has not completed both of these requirements
by 31 March 2009 will have their COTR appointment eligibility rescinded
as of 1 April 2009 unless a waiver is granted pursuant to Section 3.3 of
this IPN. Any rescission will remain in effect until the COTR has
completed both requirements, at which point their appointment eligibility
will be reinstated.
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Figure 2: Application of Requirements for Obtaining Certification
New EPA COTR
Training
Requirements for
prospective COTRs
after 1 October 2008
(Section 2.1.3)
1) Mandatory 22 hours of
FAI online or
commercially-provided
core-competency
classroom training
(Appendix A)
2) Mandatory 8 hours of
EPA Basic Training
(Section 2.2B)
3) Upon completion of 1)
and 2) above, new
COTRs are eligible to be
appointed as COTRs, and
remaining hours of
elective courses or other
training (Appendix B)
must be completed within
6 months of completing
the mandatory 8-hour
EPA basic training
course. Upon completion
of remaining elective
hours, eligible for
certification.
Compliance for existing
COTRs as defined in
Section 2.1.1
N/A as existing COTRs
generally meet the OFPP
requirement for FAC-COTR,
and will be certified based on
subject earlier training
record.
N/A as existing COTRs
generally meet the OFPP
requirement for FAC-COTR.
N/A as existing COTRs
generally meet the OFPP
requirement for FAC-COTR.
Compliance for
transitional COTRs as
defined in Section
2.1.2
1) N/A as transitional
COTRs have taken
either #3 or #4 identified
in Section 2.1.1
between 1 June 2008
and 30 September
2008.
2) Mandatory 8 hours of
EPA Basic Training
(Section 2.2B) must be
completed by 31 March
2009.
Transitional COTRs are
eligible to be appointed
by virtue of having taken
either #3 or #4 identified
in Section 2.1.1
between 1 June 2008
and 30 September
2008. Mandatory 8
hours of EPA Basic
Training (Section 2.2B)
and remaining hours of
elective courses
(Appendix B) must be
completed by 31 March
2009. Upon completion
of mandatory 8 hour
EPA Basic Training and
remaining elective
hours, eligible for
certification.
2.3 Requirements to Maintain Certification
To maintain certification, COTRs must earn a minimum of 40 CLPs every two
years after receiving initial FAC-COTR certification. All existing COTRs who
have kept their OAM COR training current, have a registered ACM IS account,
and have a total of 40 CLPs (previous COTR training included) were granted
FAC-COTR certification on 30 September 2008. Any training required to obtain
needed competencies can count towards the continuous learning requirement for
current COTRs. To satisfy this 40 CLP requirement, COTRs may take a NEW
optional one-day EPA COTR Refresher course equal to 8 CLPs. The remaining
- 8 -
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32 CLPs (or 40 CLPs if the refresher course is not taken) may be satisfied in part
through any of the elective training activities listed in Appendix B (note: the list of
FAI online courses provided in Appendix B is not an exhaustive list of available
online courses).
Section 3 -Certification Oversight and Administration
3.1 Acquisition Career Management Information System
The Acquisition Career Management Information System (ACMIS), accessible at
www.acmis.gov, is the central acquisition workforce information system for all
civilian agencies. ACMIS serves as the mechanism for tracking and maintaining
training records in support of the FAC-COTR and EPA's COTR training program.
In accordance with OFPP Policy Letter 05-01, COTRs must enter and update
their training information in ACMIS in a timely manner to reflect their current
training and certification status. If COTRs experience trouble with ACMIS,
please email the OAM ACMIS support team at acmissupport@epa.gov.
3.2 Certification Process
Until OAM adopts a fully-automated certification process, eligible COTRs who
were not certified on 30 September 2008 and who are engaged in COTR
activities must notify the EPA's Acquisition Career Manager (ACM, designated as
Director, PTOD, OAM) of compliance with the certification requirements. The
notification must be submitted by email to FAC-COTRcert@epa.gov. The
specific notification and certification decision process is as follows:
A. Contents of Notice: COTRs must verify in their notice that their ACMIS
record demonstrates FAC-COTR eligibility. The notice must include
evidence that the COTR completed the required hours of elective courses
or training activity, including such evidence as a copy of the certificate of
attendance, certificate of completion, training authorization, statement of
supervisory approval of experiential training, or any other documentation
demonstrating participation in the training. Each COTR is responsible for
maintaining evidence of course completion or participation in training
activities for internal management control purposes.
B. Decision Process: Upon receipt of the notification of FAC-COTR
compliance, the COTR's ACMIS training record will be reviewed to confirm
compliance with the training requirements. The ACM will issue a FAC-
COTR certificate if the COTR is determined to be eligible for certification.
If the COTR is deemed ineligible, the ACM will provide an electronic
notification of ineligibility to the COTR explaining the reasons he or she
was determined ineligible.
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3.3 Deferment
[Note: 3.3.1 and 3.3.2 distinguish between "appointment eligibility" and
"certification eligibility." The former refers to a COTR's eligibility to be appointed
by a CO to act as a COTR under a specific contract. The latter refers to a
COTR'S eligibility to be FAC-COTR-certified by the ACM.]
3.3.1 Deferment of appointment eligibility for transitional and new COTRs
Section 2.2 and Figure 2 discuss the requirements for transitional and new
COTRs to be eligible for COTR appointment. If exigent circumstances require
the immediate appointment of a transitional or new COTR who is ineligible for
COTR appointment, the COTR's immediate supervisor must request a deferment
of the appointment requirement. Transitional and new COTRs may request up to
two three-month deferments, for a total of six months. The request must be
submitted in writing to the OAM Acquisition Policy and Training Service Center
(APTSC) Manager and must be routed through the respective CO for
concurrence. The deferment request shall address:
a. The subject COTR's relevant experience;
b. The relevant training the COTR has completed to date;
c. The reason why there is an immediate need to appoint the COTR; and
d. The COTR's plans to fulfill the remaining training requirements
necessary for appointment eligibility.
The CO will review the deferment request. If the CO concurs, he or she will so
indicate and forward the request to the APTSC Manager for approval. Upon
approval, if the COTR does not obtain appointment eligibility and subsequent
appointment by the CO within the subject three- or six-month period, he or she
will be ineligible to perform as a COTR until completion of the remaining
appointment eligibility requirements and subsequent CO appointment.
3.3.2 Deferment of certification eligibility for COTRs
Section 2.2 and Figure 2 discuss the requirements for transitional and new
COTRs to be eligible for FAC-COTR certification. Transitional and new COTRs
who do not meet these requirements may request a three-month deferment of
certification compliance. The request must be submitted in writing to the APTSC
Manager for concurrence and the ACM for approval, via email to FAC-
COTRcert@epa.gov. The deferment request shall address the COTR's plans to
fulfill the remaining training requirements necessary for certification eligibility.
Transitional and new COTRs may request up to two three-month deferments, for
a total of six months. Once approved, if the COTR does not obtain certification
from the ACM within the subject three- or six-month period, he or she will be
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ineligible to perform as a COTR until completion of the remaining certification
requirements and subsequent ACM certification.
/s/
John C. Gherardini III
Acting Director
Office of Acquisition Management
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Appendix A
FAI Free Online Core Competency Courses
The following five courses satisfy the mandatory core competency training requirement and are
available online. Both the title and course number are provided for reference. These courses can be
accessed by registering at FAI.
• CLC106 - COR with a Mission Focus (8 CLPs)
• CLM024 - Contracting Overview (8 CLPs)
• CLC004 - Market Research (3 CLPs)
• CLM003 - Ethics Training for Acquisition Technology and Logistics (2 CLPs)
• CLC007 - Contract Source Selection (1 CLP)
Commercial Core Competency Courses
Any one of the following commercial courses satisfies the mandatory core competency training
requirement and also can be used for maintenance CLPs. If you want to use a provider who is not
listed below, OAM must review the provider's material BEFORE you take their class. There are
specific competencies that must be covered for the course to count towards your FAC-COTR.
SOURCE
Courses (could be used for Basic
training or CLPs)
WEBSITE
# of
DAYS
CLPs
Atlantic Management
Center, Inc (AMCI)
Contracting Officer (Technical)
Representative (COR/COTR)
www.amciweb.com
3
24
Business Management
Research Associates
(BMRA)
Contracting Officer
Representative/Contracting Officer
Technical Representative
www.bmra.us/index.htm
5
30
Department of Interior
University (DOIU)
Contracting Officer Representative
Course (CORs, COTRs): Basic
Certification
www.doiu.nbc.aov
5
40
Gonzales-McCaulley
Investment Group Inc.
(GMIG)
Contracting Officer's
Representative, Contracting
Officer's Technical
Representative/BPO/Refresher
www.amia.ora
5
40
Government Horizons Inc.
Critical Roles and Responsibilities
of the Contracting Officer
Representative/T echnical
Representative
www.aovernmenthorizons.ora
3
24
Management Concepts
(MCI)
Contracting Officer's
Representative Course
www.manaaementconcepts.com
5
40
Northwest Procurement
Institute Inc (NPI)
COR/COTR Certification Course
www.new.npi-trainina.com
5
40
USDA Graduate School
Contracting Basics for COTRs
www.arad.usda.aov
3
24
USDA Graduate School
Comprehensive COTR Workshop
www.arad.usda.aov
5
40
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Appendix B
Guidance for Contracting Officer Representative Continuous Learning Points
These guidelines reflect the Office of Federal Procurement Policy's best-in-practice
recommendations for continuous learning. Agencies retain flexibility and supervisors
remain responsible for working with CORs to identify those activities and opportunities
of greatest benefit to the professional development of an individual COR. The training,
professional activities, education and experience that are used to meet the CLP
requirements must be job related.
Training
1. Completing awareness training. Periodically agencies conduct briefing sessions to
acquaint the workforce with new or changed policy. Generally, no testing or
assessment of knowledge gained is required.
2. Completing learning modules and training courses. These may be formal or informal
offerings from a recognized training organization, including in-house training
courses/sessions, which include some form of testing/assessment for knowledge
gained.
3. Performing Self-Directed Study. An individual can keep current or enhance his or her
capabilities through a self-directed study program agreed to by the supervisor.
4. Teaching. Employees are encouraged to share their knowledge and insights with
others through teaching of courses or learning modules.
5. Mentoring. Helping others to learn and become more productive workers or
managers benefits the agency and the individuals involved.
Professional Activities
1. Participating in Organization Management. Membership alone in a professional
organization will not be considered as fulfilling continuous learning requirements, but
participation in the organization leadership will. This includes holding
elected/appointed positions, committee leadership roles, or running an activity for an
organization that one is permitted to join under current ethics law and regulation.
The employee and supervisor must first ensure that participating in the management
of an organization is allowed by the agency.
2. Attending/Speaking/Presenting at Professional Seminars/Svmposia/Conferences.
Employees can receive points for attending professional seminars or conferences
that are job related. However, the supervisor needs to determine that the individual
learned something meaningful from the experience. Because significant effort is
involved in preparing and delivering presentations, credit should be given for each
hour invested in the preparation and presentation.
-------
3. Publishing. Writing articles related to acquisition for publication generally meets the
criteria for continuous learning. Points will be awarded only in the year published.
Compliance with agency publication policy is required.
4. Participating in Workshops. Points should be awarded for workshops with planned
learning outcomes.
Education
1. Formal training. Supervisors should use Continuing Education Units (CEUs) as a
guide for assigning points for formal training programs that award CEUs. The CEUs
can be converted to points at 10 CLP points per CEU.
2. Formal academic programs. For formal academic programs offered by educational
institutions, each semester hour is equal to one CEU. A three-hour credit course
would be worth three CEUs and 30 CLP points, assuming that it is applicable to the
acquisition function.
SAMPLE ACTIVITIES
RECOMMENDED NUMBER OF HOURS
Active Association Membership (in relevant
subject area such as program/project
management, acquisition management, or
appropriate technical area)
5 hours for an active membership year OR 1
hour for each 60 minutes of activity attended
during the year
Publication of related contract management
papers.
20 hours for articles
Formal rotational assignments relating to
acquisition
40 hours per assignment
Conference presentations, training or
seminar delivery relating to acquisition
2 hours for 60 minutes of first-time
presentation (1 for presentation, 1 for
preparation, .5 credit for repeat delivery of
same material)
Team leadership activities, participation on
project teams for new products/activities
related to acquisition
1 hour for every 60 minutes of participation
Formal education (in relevant subject area
such as program/project management,
acquisition management, or appropriate
technical area)
1 hour for each hour of instruction up to 36
hours for a 3 credit course or American
Council on Education (ACE) recommendation
Professional examination, license, or
certification
40 hours in the year obtained
1 Continuing Education Unit (CEU)
10 hours
-------
To reduce your burden to find CLPs in the time allotted, we recommend the following
free, web-based on-line courses from FAI. Note that if you used the online courses for
COR Basic training, the Basic courses are among those listed below and you may not
take the same courses twice.
Course Number
Course Title
CLPs
CLM 003
Ethics (must be taken first)
2
CLM 024
Contracting Overview
8
CLC106
COR with a Mission Focus
8
CLC 004
Market Research
3
CLC 007
Contract Source Selection
1
CLC 011
Contracting for the Rest of Us
2
CLC 013
Performance-Based Services
6
CLC 007
Contract Source Selection
2
CLC 018
Contractual Incentives
3
CLC 132
Organizational COI
1
CLC 008
Indirect Costs
1
CLC 009
Serv. Disabled Vet Owned Sm.
Bus. 1
Instructions for registering for FAI classes can be found through the FAI website.
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OSC Toolbox Guide
Chapter 3
Contracting Fundamentals
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OSC Toolbox Guide
Chapter 3. Contracting Fundamentals
3.1 Statement of Work/Performance Work Statement
Writing statements of work (SOWs)/performance work statement (PWS) is an important
task performed by the OSC. SOWs/PWSs are required for virtually all of the tools outlined in
this Guide. The only tools not requiring SOWs/PWS are purchase cards, Third Party Drafts, and
Treasury Checks. A good SOW/PWS provides the necessary foundation for EPA to obtain
supplies and services at a fair and reasonable cost and to get the best product or service on time
and within budget. All SOWs/PWSs for Task Orders, Technical Direction Documents, and
similar ordering documents must fall within the scope of the overall SOW for the contract under
which they are issued. The SOW/PWS provides the framework for communications between the
OSC and the contractor. Good communication between the OSC and the contractor ensures that
both parties understand the assignment and the planned approach.
When site or project conditions change, a modification to the original SOW/PWS may be
required. In this case, the OSC should draft the requested changes and provide them to the FCS
1102 CO for that contract for review. The CO will then modify the contract or ordering
documents to reflect the change. The OSC should also be aware of the value of placing interim
deadlines for work products, especially when the required end product is a report or something
outside the normal end product for that contractor. Interim deadlines, such as a draft report, a
summary outline, or the first chapter of a report, may help assure the OSC that the contractor
understands the task and is on track for completing the task on schedule and within budget.
A SOW/PWS should be broad enough to allow contractor innovation and at the same
time define the contractor's obligations to ensure that the government achieves its objective. The
OSC is responsible for writing a SOW/PWS which clearly defines the work to be performed,
contains all required information, does not allow personal services or inherently governmental
functions, and is within the scope of the contract. All questions on how to write a SOW/PWS
should be directed to the cognizant FCS 1102 CO.
The following phrases or terms should be avoided when writing SOWs/PWSs:
"Perform other tasks as authorized/directed by the OSC" This is too broad and
leaves the potential for personal services.
- "Assist" This word does not adequately define the work's terms or its range of
depth. Spell out explicitly what the contractor must do.
- "As required" This phrase results in an undefined work condition. While the
nature of the Removal Program is such that the OSC usually does not know
exactly what will be required at a site, the OSC should try to be as specific as
possible under the particular circumstances onsite.
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- "As applicable/as necessary " If the government does not know what is necessary
or applicable, it must not leave the contractor with the responsibility for
determining the minimal needs of the contract. The SOW/PWS should
forthrightly state the requirements so that contractors can comply with them using
their best efforts and expertise to accomplish the tasks. Alternative language
could include reference to additional details to be provided by the OSC via Daily
Work Orders or other technical direction during site operations.
- "Support" This term is ambiguous. The type of support should be specified.
Chapter 21 of the Contracts Management Manual (CMM) provides detailed guidance on
writing statements of work. A major focus of this CMM chapter is on how to write SOWs/PWSs
using Performance Based Service Contracting (PBSC) principles. See Section 3.2 for general
information on PBSC and CMM Chapter 21 for detailed guidance on writing Performance
Work Statements.
3.2 Performance Based Contracting
The Executive and Legislative Branches of Government have been emphasizing the use
of commercial business practices. Private industry has for years written contracts with each other
using performance-based service contracts (PBSC) and SOWs. The idea is that using PBSC
leads to less expensive, competitive pricing and ties a contractor's motivation and performance to
time and cost. EPA has agreed with OMB to work towards using PBSC SOWs in their contracts.
PBSC techniques include the following key elements:
• Focus on the outcome, rather than how to do the work, and allow the contractors
the freedom to determine how to meet the performance objectives;
• An incentive/disincentive plan for exceeding/missing requirements; and
• A quality plan to define performance indicators the government will use to
measure acceptance.
The decision whether to employ PBSC techniques hinges on how well EPA has
characterized the site. EPA must have a very thorough understanding of the levels and types of
contamination, and the work to be performed to make PBSC a viable contracting alternative.
Performance-based contracting has worked best in sites that involved repetitive actions, such as
residential cleanups or treatment of well characterized soil or liquid. The repetitive nature allows
contractors to:
• Establish a fixed price per property;
• Perform concurrent site cleanups; and
• Devise ways for improving the level of efficiency.
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In structuring an incentive/disincentive plan, careful attention should be paid to the
effects of the incentives/disincentives. For example, creating an incentive to complete a project
in an aggressive time frame may result in poor quality work products. This type of incentive
should be balanced with other incentives to ensure high quality performance.
The advantages of PBSC include:
• Cheaper and faster cleanups;
• Puts burden on contractor rather than government;
• Requires explicit performance measures; and
• Ties performance to time and cost incentives to motivate contractors.
The new generation of ERRS contracts (ERRS ID) were designed as performance based
contracts and have Award Term performance incentives. If the contractor performs high quality
work, the contract can be extended. Historically ERRS contract extensions were based on
Agency need - options - and were not directly tied to contractor performance (unless the work
was unsatisfactory). Performance based extensions also have the potential of extending the
contract for a longer period than with the option based contract (- contract will be competed less
frequently).
As a result of basing contract extensions on performance, the COTRs' evaluation of
contractor performance is critical, and they have a responsibility to ensure that there is accurate
and well documented justification for ratings provided for the sites/projects they monitor.
Frequently, the evaluation criteria are the same as those used historically in the CPS/NIH
Task Order evaluation forms:
• Quality of Product or Service
• Cost Control
• Timeliness of Performance
• Business Relations
See Chapter 21 of the Contracts Management Manual for detailed guidance on
PBC.
3.3 Price Objectives and Cost Analysis
Before work is issued to a contractor, the OSC must determine what is considered to be a
fair and reasonable price for the stated work requirements. An Independent Government Cost
Estimate (IGCE) is a requirement for any procurement above the simplified acquisition threshold
(currently $100,000) unless required by the FCS 1102 CO for lesser amounts. However, OSCs
are strongly encouraged to develop IGCEs for all contract work. The OSC is responsible for
preparing an IGCE because the projections represent a monetary interpretation of the technical
requirements outlined in the SOW. In emergency situations when an oral authorization to begin
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work is given to a contractor, an IGCE should be prepared, along with other required
documentation, within five working days or as specified in the contract.
Commercially available cost projection or spreadsheet software may be used to generate
an IGCE. OSCs may also choose to use the Removal Cost Management System (RCMS) Cost
Projection Module to generate the IGCE, especially for Task Orders under the ERRS contract.
The RCMS Cost Projection Module has specific labor and equipment rates, and indirect costs
established under the Region's ERRS contract loaded direction into the program. See Section
4.1.1.3 of this document for additional information regarding the use of the RCMS Cost
Projection Module.
In preparing an IGCE, it is useful to define the various elements of contractor costs. The
three major categories are:
1. Direct Costs are directly identifiable to a specific project. They include direct
labor, equipment, and materials. In determining direct labor costs, consideration
must be given as to whether the required labor may be governed by the Service
Contract Act (SCA) or the Davis Bacon Act (DBA). The SCA and DBA are
Federal labor statutes that require employers to pay minimum wage rates for
certain types of work. See Section 3.10 of this Guide for additional information
regarding contract labor provisions. With fixed labor and equipment rate
contracts (such as most of the regional ERRS contracts), indirect costs and profit
are included in the direct cost rates.
Other Direct Costs (ODCs) are a subcategory of direct costs. These are items
such as couriers, copying, materials, travel, and lodging, and subcontracted
services such as off-site analytical services, and transportation and disposal.
ODCs have general and administrative costs (G & A) added to them by the prime.
Depending on the contractor's accounting system, ODCs may have general and
administrative (G&A) costs or material handling costs added as a percentage of
the actual costs of the ODCs. OSCs should check with the FCS 1102 CO to
determine the appropriate percentage to apply when preparing IGCE's.
2. Indirect costs are not directly identified with a specific project or contract, but are
necessary for the work to be done (for example, overhead and G&A). Indirect
costs are included in the fixed loaded labor and equipment rates on the ERRS
contracts. On cost reimbursement contracts, indirect costs should be taken into
account when preparing IGCEs for work to be ordered. The OSC should contact
the 1102 FCS1102 to determine the appropriate indirect rates and how these rates
should be applied.
3. Fees are the profits companies receive for performing work. For estimating
purposes only, the fee amount can be approximately by applying a percentage of
the total hours expected to be ordered. OSCs should check with the FCS 1102
CO to determine the type of contract being used and the appropriate percentage to
apply when preparing an IGCE.
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3.3.1 Estimating Direct Costs
The procedure for estimating direct labor and equipment is as follows:
1. Identify and list the major SOW tasks across the top of the page. These tasks
should be the same as in the SOW, but should be further broken down, whenever
practicable, into subtasks.
2. List the expected personnel labor and equipment categories. These may be
obtained from the CO, PO, from reviewing the contract, or previous Task Orders
or similar ordering documents issued under the contract.
3. Estimate the hours required by each personnel labor category and for each piece of
equipment to perform each task. Consider:
The length of the task;
The particular work activities required;
The number of people, full- or part-time, expected to be required; and,
Requirements for equipment usage.
4. Sum up the labor by task to estimate the total labor hours by personnel labor
category for the entire project. Sum up the total number of hours/day required for
equipment including down times when it is not economically feasible to
demobilize the equipment.
5. Multiply total labor hours and equipment hours/days usage time by the pre-
negotiated rates or rates determined to be reasonable based on past work,
estimates from vendors, or other sources.
6. Sum all the total labor and equipment costs to determine the overall estimated
direct costs for the project.
3.3.2 Estimating Other Direct Costs (ODCs)
Some ODCs such as copying, telephones, computer time, miscellaneous supplies, and
postage may be estimated by applying a factor to the total loaded labor costs based on the
estimate included in the cost proposal or the cost experience on the contract. The application of a
percentage factor of 5 - 10% is usually sufficient to cover these costs. Other ODCs such as
transportation and disposal (T & D), analytical services, and travel costs may represent a large
portion of the overall project costs and, therefore, it is usually recommended that these costs be
broken out separately.
Transportation and disposal is often the largest cost category on a particular project. It is
very important to use historic information, market surveys, RCMS archives data, the Internet, or
other similar sources to obtain accurate cost information for an IGCE.
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3.4 Subcontract Review and Consent
Warranted OSCs have the following authority under their DPA:
"During an emergency response or other removal action where the above-named OSC
documents an urgent need which requires EPA subcontract consent to avoid negatively impacting
the removal action, the above-named OSC, acting as a CO, is authorized to grant subcontract
consent, consistent with existing terms and conditions of the EPA's prime contract, up to an
amount not to exceed $200,000 if the FCS 1102 CO cannot be contacted or cannot provide the
required EPA subcontract consent within a reasonable time frame. Within five business days
after granting EPA subcontract consent, the above-named OSC will transfer all paperwork and
information relevant to the subcontract consent to the cognizant FCS 1102 CO for the official
contract file."
The above authority clearly gives the OSC to authority to grant subcontract consent in
emergency situations. To be prepared for this potential action, OSCs should learn when consent
is required on the various contract vehicles available to them because consent requirements vary
by type of contract. Generally, if a contractor has an approved purchasing system, consent is
only required for certain types of subcontracts or subcontracts over a certain dollar limit. OSCs
should review the "Subcontracts" clause for the specific types and dollar thresholds of
subcontracts that require consent and consult their FSC 1102 CO with questions. Even when
consent is not required, advance notification of intent to subcontract is usually required by the
subcontracts clause.
Because the Emergency and Rapid Response Services (ERRS) contracts are the OSC's
most readily available tool for emergency and time critical responses, the subcontract consent
requirements for the ERRS contract are provided below:
"If the contractor does not have an approved purchasing system, consent to subcontracts
for ERRS contracts is required for:
• Cost-reimbursement, time-and-materials, or labor-hour subcontracts; and,
• Fixed price subcontracts that exceed either the simplified acquisition threshold
(currently $100,000) or five percent of the total estimated cost of the contract."
Consent requirements for site specific contracts, START or other contracts may differ and
OSCs should familiarize themselves with those other consent requirements. The remainder of
this section provides general information about subcontract consent for subcontracts issued by
the prime or team subcontractors.
A subcontractor is any supplier, distributor, vendor, or firm that furnishes supplies or
services to or for a prime contractor or another subcontractor. Subcontract consent is a
requirement set forth in the FAR 44 and is important for the following reasons:
• It is required by FAR Part 44;
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It protects the government's interests when the interest is not protected by the type
of contract or adequate price competition;
Many contracts compensate for subcontracted costs to the prime contractor on a
cost reimbursement basis; and,
The government promotes competition and, in this way, ensures that the public
funds are dispersed as broadly as possible.
Roles and Responsibilities in
Subcontract Review and Consent
Individual
Role in Subcontract Review and Consent
FCS 1102 CO
• Ensures prime contractor's notification of intent to subcontract
contains all necessary information.
• Consents to issuance of subcontracts in writing.
Warranted OSC
PO
Contractor
• Reviews proposed subcontracts for technical adequacy and cost
reasonableness.
• Provides recommendation regarding subcontract consent to FCS
1102 CO.
• In emergency situations, consents to issuance of subcontracts.
• Transfers all paperwork to the 1102 CO within 5 business days of
consent.
• If requested, assists CO or Warranted OSC in reviewing
subcontractor's proposal for technical adequacy and cost
reasonableness.
• Provides reasonable advance notification of intent to issue a
subcontract and provides all necessary documentation.
• Submits proposed subcontract and provides reasonable time for the
OSC/CO to review package and give consent..
There are two basic types of subcontractors:
1. Team subcontractors. These are subcontractors included in the prime contractor's
proposal and part of the prime contractor's team. Team subcontractors may be
used by the prime contractor to work on any assignment that the prime deems
appropriate. Team subcontractors are authorized in the contract during contract
negotiations with the prime contractor and the prime needs no further EPA
consent to use them. (OSCs may be asked to review the proposed use of a team
subcontractor for its technical qualifications during the pre-award process.) OSCs
should know the names of the team subcontractors.
2. Non-Team subcontractors. These are subcontractors with specialized services
not currently part of the prime contractor's team. Non-team subcontractors are
used by the prime contractor on an as-needed basis only, and should be procured
competitively by the prime. The subcontracts are governed by the requirements in
the subcontracts and subcontract consent clauses of the contracts.
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All subcontracts must be within the scope or terms of the prime contract. The prime
contractor's notification of intent to subcontract must contain all of the relevant information
listed in the checklist provided in Appendix 4-D. And, as discussed in Section 3.7 under
"Prohibited actions related to subcontracting subcontractor selection must never be directed by
EPA.
Requests to subcontract must demonstrate that the price for the proposed subcontract is
reasonable. The CO/Warranted OSC should consider:
Whether the contractor obtained adequate competition or justified its absence?
A wide disparity in prices may indicate a lack of understanding of the
requirement.
If past pricing history is used to justify the price, consider whether or not these
reflect current market prices.
Investigate frequent use of a subsidiary of the prime to ensure the integrity of the
subcontract bidding process.
Make sure all factors are taken into account for pricing (i.e., transportation,
shipping, etc.)
The following three-step process should be followed during review and consent to the
issuance of a subcontract.
Step 1 - Prime Contractor Submits Notice of Intent to Subcontract
Section 52.244-2 of the FAR requires the prime contractor to give reasonable advance
notification to the CO/OSC of the intent to subcontract. The subcontract consent package
should contain all the information required by the FAR, as well as any special
requirements of the contract. Provided all the appropriate documentation is furnished, it
is the CO/Warranted OSC's responsibility to review and provide consent to the prime to
enter into a subcontract. By consenting to a subcontract package, the CO/Warranted OSC
is not approving the terms of the subcontract or price or the allowableness of any costs
under the subcontract. The subcontract consent does not relieve the prime contractor of
any contractual or legal obligation.
Step 2 - CO/OSC Decides Whether to Consent to Issuance of Subcontract
Only the CO/Warranted OSC (up to the delegated level of authority) can give consent for
a subcontract. The CO/Warranted OSC makes the ultimate consent decision in the form
of a signed written letter to the contractor (or other mechanism acceptable to the
Contracting Officer). The CO/Warranted OSC reviews the request and supporting
documentation and considers all of the factors listed in FAR 44.202-2, as well as other
factors that should be addressed by the prime in the request to subcontract.
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The prime contractor can utilize a sole source subcontract, if appropriate, provided
documentation is provided and the award is made in accordance with approved
procedures. Justifications for sole source awards are acceptable only if the prime
contractor provides substantive evidence that no other responsible party exist, or there are
circumstances of unusual and compelling urgency. Statements of uniqueness, including
requirements for geographical location, site specific experience, or that the offeror is the
only available source, are not acceptable justifications unless adequate documentation is
submitted by the prime contractor. Additionally, EPA experience or incumbent
contractor status rarely qualify as uniqueness under sole source awards, absent other
supporting factors. Further, lack of planning is not an adequate justification for sole
source awards. If the subcontract is awarded under the Mentor-Protegee Program and is
$1,000,000 or less, competition is not required.
File documentation reflecting review of the requirements set forth in FAR 44.202-2 is
required. In order to assist in evaluating the subcontract consent request, the Subcontract
Consent Review Checklist can be used. The following FAR clauses may also be
consulted for further guidance on subcontract consent (FAR 52.244-2, FAR 52.244-5, EP
52.244-100, and FAR Chapter 44) The FAR is accessible through the Internet at:
http://www.arnet.gov/far OR http://farsite.hill.af.mil/. Finally, OSCs should coordinate
with their Regional COs to ensure the checklist being used meets all requirements of the
contract and the FAR.
Step 3 - Decision Documentation
Once a determination is made to provide consent to subcontract, the contractor must be
notified in writing and the file must be appropriately documented. The contractor is
required to obtain the Contracting Officer's written consent before placing any
subcontract for which advance notification is required for which consent is required by
the contract.
The letter to the contractor should normally contain the consent to subcontract, the name
of the firm for which consent is provided, the address for which the consent is provided,
as well as the amount of the subcontract, period of performance and a brief statement
identifying the services to be performed. (See Appendix 4-D.)
Review and Consent of Subcontracts of Team Subcontractors
When a team subcontractor contracts with another subcontractor, the same process is
followed except that everything goes through the prime contractor. The team subcontractor
prepares the notice of intent to subcontract and delivers it to the prime, who in turn, sends it to
the CO. The team subcontractor, instead of the prime contractor, selects a subcontractor. Then,
the team subcontractor submits all the necessary documentation to the prime, who sends it to the
CO for consent. The OSC and the PO, if requested, review the subcontractor's proposal for
technical adequacy and cost reasonableness, and make recommendations based on their review.
Upon the CO's consent to issuance of the team subcontractor's subcontract, the CO informs the
prime, who informs the team subcontractor.
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3.5 Stop Work Orders
Warranted OSCs have the following authority under their DPA:
"Warranted OSCs are authorized to issue written orders to stop all or any part of the work
ordered in removal response contracts that contain a stop work order clause. The stop work
period shall not exceed fourteen (14) business days."
In all cases, the contractor should only be requested to stop work when it is absolutely
essential, since the contractor can submit claims for costs incurred during the time work is
stopped. Warranted OSCs should use his/her stop work authority only in emergency situations.
They should notify the FSC 1102 CO as soon as practicable after they have issued the stop work
order. In all other emergency situations, the FSC 1102 CO should issue stop work orders
because of the paperwork and cost issues involved.
While a Warranted OSC does have the authority to stop work, it may not be necessary to
formally stop work to correct unsafe conditions. The OSCs always has the authority and
responsibility to halt any unsafe practice on a site. It may be possible to accomplish this by
directing the contractor to complete other tasks within the TO or by temporarily demobilizing
from the site. The OSC should be familiar with the clause in the contract that sets forth the
parameters of stop work orders for individual task orders.
Important questions for a Warranted OSC to consider include:
• How serious is the problem?
• How long will it take to correct the problem?
• Which is more costly to the government - paying additional money for stopping
the work until the problem is fixed or paying money for the work to be corrected
later?
Before issuing an emergency stop work order, there are three steps the Warranted OSC
should follow. The first step is to establish a time frame (not to exceed 14 days) for the stop
work period. Next, determine the impact on the government if work stops versus if the work
continues. Lastly, issue the stop work order (clearly including the duration of the work stoppage)
and document the decision.
If a stop work period longer than 14 days is necessary, the Warranted OSC must
coordinate this early with the FCS 1102 CO because approval from one level above the CO is
required. Additionally, once work has stopped, the OSC may decide not to resume it, in which
case he/she discuss termination of the TO with the FCS 1102 CO. Any decision to terminate
should be made within the period of the stop work order. Since reasonable costs resulting from
the stop work order are generally considered allowable costs in a settlement agreement with a
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contractor, the Government should promptly terminate TOs when appropriate and inform the
contractor as soon as possible.
The following summarizes the factors that should be considered in making this
determination.
Factors That Determine the Impact of Stop Work Orders
• Estimated cost for delaying the work
• Potential effect on labor (loss of skilled labor, loss of efficiency)
• Potential damage to perishable goods
• Estimated effect on overhead (inventory, indirect labor, etc.)
• Any adverse effects of the potential delay on contract completion
This risk/benefit analysis involves several areas of consideration:
• The purpose for stopping work. This may override any other consideration. An
example would be when the Occupational Safety and Health Administration
orders a government job site closed.
• A cost assessment. Analyze the estimated cost for work stoppage versus the cost
of government liability if the work continued.
• Other alternatives. There may not appear to be other alternatives, but often there
are. A termination for convenience may be a practical alternative, for instance.
Additional Factors to be Considered
Do not issue a stop work order unless:
• You review the contract to be sure the stop work clause is in the contract.
• You have reviewed the stop work order clause in the contract and applicable
FAR provisions.
• It is advisable to suspend work pending a decision by the government.
• A supplemental agreement covering the suspension is not feasible.
• The issuance of the stop work order is approved by the RCO supervisor.
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The written stop work order should include all of the content requirements listed below:
Minimum Content Requirements for a Stop Work Order
• The effective date and time.
• Nature of or reason for the stop work.
• A description of the work to be suspended.
• Instructions concerning the contractor's issuance of further orders for materials or
services.
• Guidance to the contractor concerning subcontractors.
• Other suggestions to the contractor for minimizing costs.
Regardless of whether the OSC presents the stop work order to the contractor in person or
through a third-party messenger, such as Federal Express or the US Postal Service, the OSC must
obtain the signature of a contractor employee acknowledging receipt of the stop work order.
Without this acknowledgment, the documentation is incomplete.
The OSC must keep the contractor fully informed and keep the lines of communication
open. This promotes better planning by both the Government and the contractor. At a minimum,
the topics listed below should be discussed.
Topics for Stop Work Order Discussions With Contractors
• Fully discuss the reasons for issuing the stop work order.
• Explain the factors considered when reaching any specified time frame and the
degree to which it is certain or subject to revision.
• Explore the appropriateness and the impact of possible time frames for the work
stoppage.
• Obtain an estimate of labor and other costs of the expected work stoppage.
• Discuss any alternate actions to continuing the stop work order. Ask the
contractor for suggestions.
• Investigate the contractor's amenability to bilaterally extending the stop work
order beyond a 14-day period in the event that becomes necessary.
• Discuss the type of costs that the government can agree to cover and those for
which it is unable to provide compensation.
Whenever possible, Warranted OSCs are strongly advised to discuss stop work issues
with their FSC 1102 CO.
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3.6 Conflict of Interest
EPA contracts normally contain conflict of interest provisions. A removal contractor may
have an actual or potential organizational or a personal conflict of interest (COI) with regard to
the work that needs to be performed at a particular site. OSCs will find guidance for handling
COI, if it arises, at the Office of Acquisition Management (OAM) Web site:
http://intranet.epa.sov/oamintra. An example of a potential conflict of interest is when the
contractor has performed prior work for a property or facility owner on the site or even at another
location. Prior to work at any site, the contractor must disclose to the CO any organizational or
personal COI, as defined in the contract clauses and the FAR. OSCs, however, also need to be
aware of COI issues and notify the FCS 1102 CO as soon as possible regarding any concerns.
The CO must then determine whether the actual or potential COI can be mitigated, and whether
the contractor will be allowed to perform work on the site.
Any EPA removal contract may be terminated for convenience, in whole or in part, in
order to avoid an organizational COI. Failure of the contractor to notify the EPA of COI
situations may result in termination of the contract for default. COI provisions must also be
included in all subcontracts unless otherwise noted in specific contract clauses. ERRS contracts
do not require COI determinations for subcontracts for well drilling, fence erecting, plumbing,
utility hookups, security guard services, or electrical services.
3.7 Vulnerabilities
Warranted OSCs, because of their unique role as both Contracting Officer and the
Contracting Officer's Representative (COR), must be especially aware of creating appearances of
impropriety in acquisitions. All government contracts are subject to the provisions of the FAR
and U.S. Code affecting ethics for Government employees, which is available at:
http://www.usoge.gov. In addition to procurement regulations, the FAR addresses areas of
extreme sensitivity which include, but are not limited to, inherently governmental functions,
personal services, gratuities, disclosure of confidential business and procurement information,
and government impartiality. An OSC must be aware of, and be sensitive to, these issues
concerning the relationship between EPA and contractors. To protect EPA, every effort should
be made to adhere to the rules which define the EPA-contractor relationship. Guidance on
relationships with contractors is available at: http://intranet.eya.sov/oamintra. Congressional
concern has been expressed to EPA several times on this issue.
3.7.1 Inherently Governmental Functions
The extent of the Agency's contracting, coupled with its regulatory nature, results in a
limited number of contractors providing support in a variety of potentially sensitive areas.
Contractors are prohibited from performing anything intrinsic to the execution of Government
responsibilities, including any function so intimately linked to the public's interest that the
government is mandated to perform it. FAR 7.5 defines Inherently Governmental Functions at:
http://arnet.gov/far/. In general, contractors can support the EPA as long as discretionary and
value-making decisions are made by Government employees. However, EPA must always play a
proactive role in ensuring that final Agency products and decisions are unbiased and
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appropriately represent Agency thinking. The contractor must demonstrate that it is free of any
conflicts of interest and that the contract requires the contractor to disclose and rank the
alternatives available, the procedures used, the substance of any deliberations and any dissenting
views, the sources relied upon, and make clear the basis for any recommendations. Having
accepted a final product from a contractor, EPA becomes responsible for its content and for how
it may be used in Agency decision making.
Agency responsibility and accountability begins when a decision is made to use
contractor support. Inherently governmental functions must not be included in any contract
SOW. The best protection against the misuse of contractor support is a well-written and detailed
SOW.
3.7.2 Personal Services
EPA has no authority to award personal services contracts. A personal services contract
is a contract that, by its express terms or as administered, makes the contractor's staff appear, in
effect, to be government employees. It is the responsibility of the OSC to ensure that the
appearance of an employer/employee relationship does not exist. This can be accomplished by
maintaining separate work areas and ensuring that all work transactions, such as technical
direction, are between the OSC and the contractor's designated point-of-contact at the site. In
essence, the OSC is expected to monitor contractor performance, rather than direct individual
contractor employees in their work. Personal services include actions such as approving or
disapproving contractor staff or their personal time outside of daily site activities, providing day-
to-day instructions to contractor employees, and evaluating the performance of individual
contractor employees. OSCs are not allowed to provide contractor employees any type of direct
performance evaluation. EPA evaluates the performance of the contractor, not its specific
employees. The language of a SOW should be sufficiently detailed so that the contractor may
work independently. EPA and OAM policy on personal services can be found at:
http: //intranet, epa. gov/oamintra/.
3.7.3 Prohibited Actions Related to Subcontracting
The government's only direct contractual relationship is with the prime contractor.
Chapter 18 of the Contract Management Manual and FAR 44.203 address numerous issues
related to subcontracting. The following are several key prohibited activities by Agency
personnel involved in contract management:
• Directing the prime contractor to subcontract with a specific firm. The mere
suggestion of a particular firm is improper; however, provision of a general list of
potential subcontractors is acceptable;
• Directing that any portion of work should be performed by subcontracting, rather
than the prime contractor is improper;
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• Providing technical direction to a subcontractor without the knowledge of the
prime contractor is improper; and
• Directly monitoring a subcontractor's technical performance and financial
expenditures to the exclusion of the prime contractor (any technical or financial
subcontract problem shall be documented and brought to the attention of the
prime contractor who is responsible for subcontract oversight).
3.8 Contractor Oversight/Technical Direction
Oversight of a contractor's performance generally relates to the manner in which
authorized EPA employees (e.g., OSCs) provide work direction to the contractor. Exchange of
information of a technical nature is not prohibited. Appropriate technical direction is the
clarification of ambiguous technical requirements to ensure efficient and effective contractor
performance. Proper technical direction is not supervision or assignment of tasks to contractor
personnel, which are examples of personal services and are prohibited in all Federal contracts.
Technical direction may be provided in writing by Daily Work Orders (DWOs) under the ERRS
contract, Technical Direction Documents (TDDs) under the START contracts or similar
mechanisms. Oral technical direction should be followed up in writing within five days.
3.9 Contract File Documentation
An official file must be maintained for all issued contracts. The CO and Warranted and
unwarranted OSCs acting as CORs have responsibilities for ensuring that all appropriate
documents are maintained in the official file. The CO shall maintain the copies of the official
contract document(s), IGCE, procurement request, and subcontract consents. The OSC will
maintain files related to daily site activities, such as Daily Work Orders and 1900-55s.
3.10 Contract Labor Provisions
3.10.1 Davis-Bacon Act/Service Contract Act Provisions
The ERRS contracts are subject to the Davis-Bacon Act (DBA) and the Service Contract
Act (SCA). The SCA and DBA are Federal labor statutes that require employers to pay
minimum wage rates for certain types of work. The rates for SCA and DBA are generally
incorporated into the ERRS contract. The START contracts are not subject to these labor
statutes because they provide professional services not covered by these laws.
The DBA applies to contracts, or Task Orders (TOs) under an ERRS contract, for
construction that exceeds $2,000 and applies to actual construction, alteration, and/or repair
(including painting and decorating) of a public building or public work that is financed in whole
or in part from Federal funds. Typical construction activities may include:
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• Construction of permanent water treatment system
• Excavating, consolidating, capping of contaminated soil, backfilling, regrading,
and re-seeding of excavated area
• Construction of a water distribution system
• Installation of a security fence/warning signs (When this is the only action to be
performed at the site
The SCA applies to contracts or any subcontract performed in the US in excess of $2,500
which has as its principal purpose the furnishing of services through the use of service
employees. A service activity can be performed by either professional or non-professional
personnel. Exhibit 3-2 highlights typical service activities.
In order to make a determination of DBA applicability under a service contract that
contains elements of construction activity, it must be determined if the DBA work is considered
"substantial" and "segregable." Substantial is defined as "the contract contains specific
requirements for substantial amounts of construction work, or it is ascertainable at the contract
date that a substantial amount of construction work will be necessary for the performance of the
contract (or task order.) Segregable is defined as "such construction work which is physically
and functionally separate from and, as a practical matter, is capable of being performed on a
segregated basis from the other work required by the contract."
The following three examples illustrate the concept of substantial and segregable:
1. In an action that calls for the removal and disposal of drums of hazardous waste,
the contract/task order is principally for service (removal and disposal). However,
site set-up requires some incidental construction activities, such as electrical
hook-up, construction of stairs for the command post, clearing and construction of
access road, etc. These activities are not substantial relative to the overall scope
of the action.
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Exhibit 3-2:
Typical Service Activities Under SCA
• Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or
modification of supplies, systems, or equipment
• Routine recurring maintenance of real property
• Construction or repair of personal property
• Consulting Services
• Engineering and technical services
• Operation of government-owned equipment, facilities, and systems
• Transportation and related services
• Research and Development
• Chemical testing and analysis
• Data collection, procession, and analysis
• Exploratory drilling i.e. installation of monitoring wells
• Geological field surveys and testing
• Laboratory analysis
• Transportation of property or personnel
• Solid waste removal
• Tree planting, thinning, and clearing or timber or brush
• Installation of transportable treatment units
The following activities could be determined to fall under DBA:
• Dismantling, demolition or removal of improvements (These activities fall under DBA
when it is determined they will be substantial and segregable)
• Landscaping (other than as part of construction)
• Surveying and mapping services (not directly related to construction)
2. In an action that calls for excavation and off-site disposal of contaminated soil, the
principal purpose of the task order is service (removal of soil through
transportation and disposal). The excavation and staging of the soil is an activity
which is substantial and can be functionally separated from the transportation and
disposal.
3. In an action that calls for excavation and on-site incineration of contaminated soil,
the principal purpose of the task order is still service (treatment of contaminated
soil). In this case, excavation is substantial, but as a practical matter may not be
segregable from the incineration of the soil if the activity is continuous and is to
be performed by the same contractor employees. However, if the two activities
are phased, or if the incineration is then capable of being segregated from the
excavation, it should be treated accordingly.
Additional information on the Davis-Bacon Act is found in FAR Part 22.4. Additional
information about the Service Contract Act is found in FAR 22.10.
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3.10.2 Bonding
The FAR and EPA's regulations governing Superfund Cooperative Agreements (41 CFR
31.36) require performance and payment bonds for any construction contract (or Task Order)
exceeding $25,000. This requirement may be waived by the FCS 1102 Contracting Officer or
EPA's award official provided the Federal Government's financial interest is adequately
protected. Generally, bonding costs are reimbursed to the contractor as an ODC.
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Chapter 4
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Chapter 4. OSC Tools
4.1 Tools Under Delegated Procurement Authority
The revised OSC Delegation of Procurement Authority (DPA) authorizes OSCs to
employ the following contracting techniques in order to meet the Agency's mandate of providing
emergency response support for hazardous substances incidents and oil spills. These techniques
are discussed in detail in the following sections of this chapter.
Under the DPA a warranted OSC has authority, acting as a CO, to order work under EPA
prime removal response contracts if the warranted OSC has been designated by the FCS 1102
CO as an ordering officer in the contract. The cumulative amount of the work issued by the
above-named OSC for any given emergency incident during an emergency response action shall
not exceed $200,000 per contract.
4.1.1 Removal Program Prime Cleanup Contract(s)
4.1.1.1 Task Orders
A Task Order (TO) under the Emergency and Rapid Response Services (ERRS) contract
is the most readily available, and the preferred, contracting tool for emergency and time-critical
removal responses. TOs are contractual documents that specify an order for supplies or services
placed against the ERRS contract. Other contracting options are available, but should generally
only be used in the rare circumstance that the ERRS contractor cannot arrive on the scene in a
timely manner. (Note: Notices to Proceed, discussed in Section 4.1.2, may only be used in
emergency situations when the ERRS contractor cannot respond in a timely manner. Emergency
situations are determined by the OSC applying the criteria in Section 300 (b) of the NCP.)
Where the FCS 1102 CO cannot provide support by the time a response action is
required, the warranted OSC may independently issue a TO to the ERRS contractor to conduct
the response. For all other response actions needing contract support, the cognizant FCS 1102
CO shall issue the TO. The Warranted OSC may issue an oral TO if the emergency necessitates
immediate action. For oral and written TOs, the Warranted OSC shall notify the cognizant FCS
1102 CO by no later than the COB the next business day. In addition, all oral TOs must be
followed up in writing within five days. The total price for a task order issued by the Warranted
September 2005 4-1
Task Orders
Overtime
Cost Tracking
Subcontract Consent
Stop Work
Technical Direction/Daily Work Orders
Notice to Proceed
Section
4.1.1.1
4.1.1.2
4.1.1.3
4.1.1.4
4.1.1.5
4.1.1.6
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OSC shall not exceed $200,000. Procedures for when a Warranted OSC can issue TO
amendments are the same as for issuing the TO itself. An OSC may never issue a TO with any
requirements that conflict with the terms and conditions of the basic ERRS contract
Issuing a Written Task Order
The following steps must be completed by the Warranted OSC when issuing a written
TO:
1. The Warranted OSC shall make every effort to contact the FCS 1102 CO. When
the FCS 1102 CO cannot provide support or is not available in the time required,
proceed to step 2.
2. The Warranted OSC shall ensure that funds are available before a TO is issued.
Obligating funds exceeding the amount available is a violation of the Anti-
Deficiency Act (31 U.S.C. 1341). (See Section 2.2.2 for further discussion of the
Anti-Deficiency Act). Funding is secured by completing EPA Form 1900-8,
Procurement Request/Order and ensuring the proper signatures are obtained. (See
Appendix 2-A for a copy of the form and Section 2.2.2.2 for further discussion of
Funds Commitment and Obligation.) For emergency situations, it is
recommended that funds be committed with generic accounting information (both
CERCLA and OPA funding). The FCS 1102 CO would then issue a contract
modification to convert the generic to site-specific funds
3. Once funds have been obtained, the Warranted OSC may issue a TO for an
amount up to $200,000 using EPA Optional Form 347, Task Order for
Emergency and Rapid Response Services. (See Appendix 4-A for a copy of the
form and directions for completing it.)
4. The Warranted OSC shall notify the cognizant FCS 1102 CO of the issuance of
the TO by no later than the COB the next business day.
5. The original signed PR and Task Order and copies of the SOW, IGCE, and Action
Memorandum shall be immediately provided to the CO for inclusion in the
official contract file. The Warranted OSC should also keep copies of these
documents in their official site file. A copy of the PR and Task Order should also
be immediately forwarded to EPA's Servicing Finance Office located in Research
Triangle Park (RTP). This is usually accomplished through a facsimile
transmission. This ensures the Task Order is entered into the accounting system
used for paying invoices. Finally, a copy of the signed Task Order, along with
SOW and possibly the Action Memorandum (with cost estimates removed)
should be provided to the contractor. It is the Warranted OSC's responsibility to
ensure all parties receive the necessary documentation for the Task Order.
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Issuing an Oral Task Order
The following steps must be completed by the Warranted OSC when issuing an oral TO:
1. The Warranted OSC shall make every effort to contact the FCS 1102 CO. When
FCS 1102 CO cannot provide support, proceed to step 2.
2. The Warranted OSC shall ensure that funds are available before an oral TO is
issued (See Section 2.2.2.2 for further discussion of Funds Commitment and
Obligation.) Funding is secured by completing EPA Form 1900-8, Procurement
Request/Order and ensuring the proper signatures are obtained. (See Appendix 2-
A for a copy of the form.) For emergency situations, it is recommended that funds
be committed with generic accounting information (both CERCLA and OPA
funding). The FCS 1102 CO would then issue a contract modification to convert
the generic to site-specific funds.
3. Once funds have been obtained, the Warranted OSC may issue an oral TO for an
amount up to $200,000.
4. The Warranted OSC shall notify the cognizant FCS 1102 CO as soon as possible
but by no later than the COB the next business day. All oral TOs must be
followed up in writing within five days using EPA Optional Form 347, Task
Order for Emergency and Rapid Response Services. (See Appendix 4-A for a
copy of the form and directions for completing it.)
5. The original signed PR and Task Order and copies of the SOW, IGCE, and Action
Memorandum shall be immediately provided to the CO for inclusion in the
official contract file. The Warranted OSC should also keep copies of these
documents in their official site file. A copy of the PR and Task Order should also
be immediately forwarded to EPA's Servicing Finance Office located in Research
Triangle Park (RTP). This is usually accomplished through a facsimile
transmission. This ensures the Task Order is entered into the accounting system
used for paying invoices. Finally, a copy of the signed Task Order, along with
SOW and possibly the Action Memorandum (with cost estimates removed)
should be provided to the contractor. It is the Warranted OSC's responsibility to
ensure all parties receive the necessary documentation for the Task Order.
Required Elements of a Task Order
The following are required elements for all TO, regardless of whether it is verbal or
written or whether it is issued by the FCS 1102 CO or the Warranted OSC. Some Regions may
have additional requirements or specific procedures, so OSCs are encouraged to discuss the
process with their Regional CO.
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1. Statement of Work (SOW) - A detailed SOW is required for all Task Orders
issued to the ERRS contractor. Even a verbal Task Order must have a SOW so
the contractor knows what the project is and required work will be. The written
SOW, along with other required paperwork, must follow the verbal activation
within the time frame outlined in the contract terms (usually within two to five
business days). The OSC is responsible for preparing the SOW because he/she is
the most familiar with the technical requirements of the project. The SOW cannot
be inconsistent with the overall contract SOW and must contain sufficient detail
for the contractor to perform the required tasks. See Section 3.1 for detailed
guidance on preparation of a SOW.
2. Independent Government Cost Estimate (IGCE) - An IGCE is a FAR
requirement for any procurement above the simplified acquisition level (currently
$100,000) unless required by the FCS 1102 CO for lesser amounts. However,
OSCs are strongly encouraged to develop IGCEs for all ERRS Task Orders. The
OSC is responsible for preparing an IGCE because it is this individual who is
most closely associated with the needs of the project and who can best project the
costs of meeting the technical requirements in the SOW. When the requirements
of the response necessitate the issuance of oral authorization to begin work, an
IGCE should be prepared, along with other required documentation, within the
time frame outlined in the contract (usually between two to five business days).
(See Section 3.2 on preparing IGCEs and estimating costs.) There are two major
categories of costs under the ERRS contract: direct and indirect costs.
Direct costs include the following:
• Direct labor represents the amount the contractor is paid for a specific labor
category. Under ERRS contracts, fixed (or provisional) rates are established for
various labor categories. Cost estimates for TOs should be developed by applying
these rates to the estimated hours/days for the categories of labor to be used on the
project. Consideration must be given as to whether required labor may be
governed by the Service Contract Act or the Davis Bacon Act. The SCA and
DBA are Federal labor statutes that require employers to pay minimum wage rates
for certain types of work. (See Section 3.10 for more information on labor
provisions.) Typically direct labor refers to full-time employees of the company,
unless otherwise identified in the contract.
• Equipment is contractor-owned, rented, or leased equipment required to complete
the site activities. ERRS contracts will vary as to the types and amounts of
equipment listed in the contract. Under ERRS contracts, fixed (or provisional)
rates are established for various equipment items. Cost estimates for TOs should
be developed by applying these rates to the estimated hours/days for the categories
of equipment to be used on the project.
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• Other Direct Costs (ODCs) are defined as subcontracted services to the prime
contractor and materials. These are items such as off-site analytical services,
transportation and disposal, specialized services or consultants, materials, and
items such as couriers, copying, travel, lodging. This category includes
everything except contractor personnel and owned equipment for most ERRS
contracts. ODCs frequently have some general and administrative costs (G & A)
added to them by the prime contractor and is usually represented in the form of a
percentage of cost of the subcontracted service.
Indirect costs are not directly associated with a specific project or contract, but are
necessary for the work to be done. Overhead, fringe benefits, corporate management,
subcontract management, general and administrative costs (G&A) are all types of indirect
costs. In the ERRS fixed labor rate contracts, indirect costs are normally included in the
development of the fixed rates, and is not seen as a separate line item. For ERRS cost
reimbursement type contracts, there may be indirect charges associated with labor.
Indirect rates are listed in the individual ERRS contract and the OSC should check with
their Regional CO regarding how indirect rates should be applied when developing
IGCEs. Indirect rates may also change from year to year and the CO is responsible for
distributing that information to the Warranted OSCs.
OSCs may use the Cost Projection Module from the Removal Cost Management System
(RCMS) developed by EPA's Environmental Response Team (ERT) to generate IGCEs
for Task Orders under the ERRS contract. Labor, equipment rates, and indirect costs
established under the specific Region's ERRS contract are loaded into the program by
ERT. The OSC then determines the specific tasks to be performed by the contractor and
estimated labor and equipment hours or days required for each task. The OSC also
estimates the ODC costs for each task. Indirect costs rates associated with each task are
generally loaded into the RCMS system for automatic computation. The program will
automatically calculate the costs associated with all task categories entered into the
program and provide an estimated total contractor cost for the project.
4.1.1.2 Overtime
A Warranted OSC is authorized to approve overtime pay for personnel under the ERRS
contract. Overtime is considered any time in excess of 40 hours per week (please note that a
week may not be Sunday to Saturday depending on the pay cycle of the specific contractor).
Technicians and equipment operators are nonexempt labor categories and receive premium pay
(generally time-and-a-half) for overtime hours. Response Managers and other professional labor
categories, are exempt personnel and do not receive premium overtime pay but may receive OT
at their straight time rates depending on the contract. Overtime approval is usually documented
on the TO or the Daily Work Order. The Warranted OSC must ensure the overtime
authorization is consistent with existing terms and conditions of the contract. The Warranted
OSC or CO must give approval for the contractor to incur overtime costs in writing in advance of
the cost being incurred.
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4.1.1.3 Cost Tracking
All ERRS contracts require the contractor to conduct daily cost tracking. Many ERRS
contractors use the EPA-developed Removal Cost Management System (RCMS) to meet this
requirement. Use of RCMS does not, however, substitute for a contractor's own accounting
system to meet EPA invoicing requirements. Using RCMS, daily costs are reported on an EPA
Form 1900-55. All costs expended, as well as those anticipated based on the SOW requirements,
will be reported. Anticipated costs are reported as "awaits." OSCs should carefully review the
1900-55's or other daily cost/receiving information and immediately discuss any questions or
issues with the ERRS contractor. After all issues are resolved, the OSC should sign the 1900-55
or other cost/receiving document. Resolving all cost issues through approval of daily
cost/receiving reports allows for easier review of invoices. Invoice review will usually consist of
ensuring the invoiced costs are adequately supported by the daily cost/receiving reports.
It is important for OSCs to monitor all costs to ensure that costs stay within the
established TO ceiling. The contractor is required to notify the OSC when 15% of the TO ceiling
remains, so that the OSC and the FCS 1102 CO may take appropriate action. In addition, the
OSC must track overall project costs against the ceiling established in the Action Memorandum.
ERRS contractor costs are usually a large percentage of the overall project costs.
4.1.1.4 Subcontract Consent
During an emergency response or other removal action when a warranted OSC identifies
(and documents) an urgent need which requires EPA subcontract consent to avoid negatively
impacting the response, he/she, acting as a CO, is authorized to grant subcontract consent,
consistent with existing terms and conditions of the EPA's prime contract, up to an amount not to
exceed $200,000 if the cognizant FCS 1102 CO cannot be contacted or cannot provide the
required EPA subcontract consent within a reasonable time frame. Within five business days
after granting EPA subcontract consent, the above-named OSC will transfer all paperwork and
information relevant to the subcontract consent to the cognizant FCS 1102 CO for the official
contract file. Please refer to Section 3.4 for detailed information on subcontract review and
consent.
4.1.1.5 Stop Work Orders
Warranted OSCs are authorized to issue written orders to stop all or any part of the work
ordered in removal response contracts that contain a stop work order clause. The stop work
period shall not exceed fourteen (14) business days.
It is an important part of an OSC's responsibilities to stop work when both unsafe as well
as other conditions occur that affect the overall well-being of the Government. In emergency
situations, the first thing an OSC should do is to call their FSC 1102 CO, if time allows, prior to
issuing a stop work order. As a general EPA policy, a warranted OSC should use his/her stop
work authority only in a true emergency situation. They should notify the FCS 1102 CO as soon
as practicable after they have issued the stop work order. In all other non-emergency situations,
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the FSC 1102 CO should issue the stop work order because of the paperwork and cost issues
involved.
If a stop work period longer than 14 days is necessary, the Warranted OSC must
coordinate this early with the FCS 1102 CO because one level above the CO is required.
Please refer to Section 3.5 for detailed information on stop work orders.
4.1.1.6 Technical Direction: Daily Work Orders/Daily Work Report
A daily work order is a written technical directive document the OSC gives to the
contractor's site manager outlining the work to be accomplished. In managing the contract or
Task Order, the following principles should be observed:
• The contract must govern contractor performance. This can best be accomplished
with a well-defined SOW, with standards of performance noted, and effective use
of Daily Work Orders (DWOs) during site operations. For situations where site
operations consist of routine, predictable activities (e.g., ground water pump and
treat, soil excavation, etc.), DWOs may encompass a longer period of time, such
as a week.
• The OSC must notify the CO immediately if there is a need to change the SOW or
TO so that the CO can issue a modification to the TO. The OSC must provide the
FCS 1102 CO with the SOW and/or TO revisions for review and approval.
• Unless otherwise provided in the contract, all work will be initiated by the
issuance of a TO signed by the CO or Warranted OSC. These will be issued only
to the contractor's official point(s)-of-contact as shown in the contract, usually a
Program Manager, or equivalent. For the ERRS contract, the official point-of-
contact for the OSC on site is usually the Response Manager. All
communications from EPA (CO, PO, or OSC) must be made through officially
designated points-of-contact. It should be noted that if the Response or Project
Manager is a team subcontractor personnel, an Agent Agreement is required to
allow this person the authority to obligate contractor resources. This Agent
Agreement is issued by the contractor.
• Technical direction must be issued in writing from the OSC, PO, or CO, either
through a TO or through a DWO when mobilized on-site, to the contractor's
designated point-of-contact as specified in the contract. If provided orally, the
technical direction must be confirmed in writing within five business days.
Technical direction cannot be used to order work outside of the scope of the TO
For example, if a particular TO SOW requires the transporting barrels, the
contractor cannot not be given technical direction for landscaping.
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One EPA contractor cannot provide technical direction to another. As an example, the
START contractor may be conducting air monitoring for the purposes of determining the level of
personal protection necessary for a situation on the same site as an ERRS contractor. The
START contractor provides the results of the air monitoring to the OSC. The OSC then conveys
this information, as necessary, to the ERRS contractor.
With the new generation of ERRS Contracts (ERRS ID), there was an effort to
incorporate the concept of performance based service contracting at the Task Order, not just at
the contract level. The intent was to encourage the OSCs and other contract users to 1) shift
responsibility for the successful completion of project (especially the timeliness and cost - results
rather than methods) back to the contractor; and 2) encourage contract users to take advantage of
the contractor's clean-up expertise by having the contractor more involved in both strategic and
routine planning of work.
New contracts include a minimum requirement for the contractor to develop a Staffing
Plan which should include information about total crew size and labor categories that are needed.
It can also include information about work schedule/sequencing of work, equipment needs, and
locations that the identified resources will be mobed from and cost information. In some regions
the contractor or Team Subcontractor offices are located through out the region and when local
resources are available the cost to the government is reduced (e.g., lodging and per diem). When
sourcing information is provided at the outset of the project the opportunity for better planning
discussions exist.
A number of the ERRS in contracts include a new deliverable, the "Daily Work Report"
which replaces the Daily Work Order. It is listed in the Reports of Work clause (Section F).
While it looks very much like a Daily Work Order, the document development process is
reversed; the onus is on the contractor to submit a proposal to the COTR identifying work which
it believes makes sense to perform during the next work period and what resources are needed to
do that work. The Daily Report of Work is reviewed by the OSC and either accepted or sent
back to the contractor for revision. As with the Daily Work Order, the final version of the Daily
Work Report is signed by the COTR and Contractor's representative.
Daily Work Report
a. A written work plan specifying work to be performed and the number and types of
cleanup personnel, equipment and materials to be used and any other services to
be provided.
b. Delivery Schedule: Prior to commencement of work each day.
c. Distribution: One copy to the On-Scene Coordinator.
Please see example in Appendix 4-B.
These changes in expectation/relationship with the contractors also need to be reflected in
the Statements of Work that we are developing. This is done in part by placing more
performance based expectations into the SOW rather than incorporating very specific tasks which
require frequent/periodic input from COTRs to complete.
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Clearly, there continues to be uncertainty related to numerous aspects of most removal
actions and contractors will continue to require frequent technical direction and potentially,
changes in project scope. However, many responses have tasks that are reasonably well defined
at the outset of operations or after some initial field work. Those clearly identified elements can
be tasked in ways that require the contractor to proceed with limited input from the COTR.
Performance based tasking in NO WAY limits the OSC/COTR from being able to control work
on site.
While ERRS contractor (or its subs) cannot develop designs because of the potential for
conflict of interest, it is allowed and encouraged to develop project work plans in advance of
implementation of more complex/longer duration tasks which require more formal planning to
implement efficiently. Quality of Workplan can be a performance parameter (standard) if the
COTR a performance based TO is being.
COTRs should look for opportunities to allow the contractor some flexibility to propose
approaches/enhancements to performing the removal actions that may be more efficient
(faster/lower cost). The COTR should let the Agency benefit from the contractor's expertise.
4.1.2 Notice to Proceed
As stated in FAR 16.603, a letter contract is a written preliminary contractual instrument
that authorizes the contractor to begin immediately manufacturing supplies or performing
services. A letter contract may be used when (1) the Government's interests demand that the
contractor be given a binding commitment so that work can start immediately and (2) negotiating
a definitive contract is not possible in sufficient time to meet the requirement. However, a letter
contract should be as complete and definite as feasible under the circumstances.
A Notice to Proceed (NTP) is a type of letter contract that may be issued, in certain
circumstances and under certain conditions, to carry out emergency response actions (procedures
relating to use of NTPs will be set forth in EPAAR 1516.6). Only an FCS 1102 CO or a duly
authorized EPA On-Scene Coordinator with a delegation of procurement authority can issue an
NTP.
Appropriate funding must be committed and available for the emergency response action
prior to issuance of the NTP. For FSC 1102 CO or a Warranted OSC with procurement
authority, the total dollar value of an individual NTP shall not exceed $200,000.
Based on the emergency nature of NTPs, EPA has received approval to issue NTPs on a
non-competitive basis if necessary.
The information in this section generally summarizes the requirements and procedures
related to NTP issuance which will be effective once the final rule for NTPs in EPAAR 1516.6 is
published in the Federal Register. Accordingly, COs and OSC's must refer to, and comply with,
the procedures and requirements set forth in EPAAR 1516.6 for issuance of NTPs.
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4.1.2.1 Requirements for the use of an NTP
As a general matter, an EPA FCS 1102 contracting officer or a duly authorized EPA on-
scene coordinator with a delegation of procurement authority may issue an NTP so long as it
does not exceed the limits of his or her procurement authority and only when all of the following
conditions have been met:
(1) A written determination has been made by the Federal on-scene coordinator that, (i) as
authorized by and consistent with CERCLA Section 104(a)(1), 42 U.S.C. § 9604(a)(1),
and the National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R.
Part 300)(1999), the EPA must take action to respond to a hazardous substance release or
substantial threat of such a release into the environment, or a release or substantial threat
of a release into the environment of any pollutant or contaminant which may present an
imminent and substantial danger to the public health or welfare, or (ii) as authorized by
and consistent with the Clean Water Act Sections 311(c)(2) and (e)(1)(B), 33 U.S.C. §§
1321(c)(2) and (e)(1)(B), and the National Oil and Hazardous Substances Pollution
Contingency Plan (40 C.F.R. Part 300)(1999), the EPA must take action to respond to a
discharge, or a substantial threat of a discharge (to or upon navigable waters, adjoining
shorelines, the contiguous zone, or natural resources belonging to, appertaining to, or
under the exclusive management of the United States), of oil or a hazardous substance
from a vessel, offshore facility, or onshore facility that is of such a size and character as to
pose a substantial threat to the public health or welfare of the United States and;
(2) Before a duly authorized EPA on-scene coordinator with a delegation of procurement
authority may issue an NTP, he or she must confirm that an EPA FCS 1102 contracting
officer is not available to provide the required contracting support by the time the Federal
on-scene coordinator requires the response action to be undertaken and;
(3) A written determination is made by an EPA FCS 1102 contracting officer or a duly
authorized EPA on-scene coordinator with a delegation of procurement authority that
there is no other existing contracting mechanism available to provide the required
contracting support by the time required, including the inability of an existing emergency
response contractor or other existing contract vehicle to respond in the required time
frame.
These conditions, as well as any other requirements applicable to NTPs or letter contracts
contained in the FAR or EPAAR, must all be met before an NTP can be issued.
4.1.2.2 What should be included in an NTP?
EPAAR 1516.603-1 and 1516.603-2 will contain information and procedures relating to
issuance and definitization of an NTP. In addition to these EPA requirements, NTPs must
comply with the applicable requirements for letter contracts in FAR 16.603. All NTPs must be
definitized by an EPA FCS 1102 contracting officer.
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To ensure that the NTP complies with all applicable requirements for letter contracts set
forth in the FAR and EPAAR, includes all relevant provisions and clauses, and to ensure that all
actual or potential conflict of interest or other contracting issues are identified and resolved prior
to NTP issuance, an NTP checklist shall be completed by the EPA FCS 1102 contracting officer
or EPA on-scene coordinator prior to issuance of the NTP. (See Appendix 4-E for the checklist
In addition, an NTP must be issued in writing by the CO or the Warranted OSC using a
Standard Form 33. (See Appendix 4-E for the SF33.) The following clauses shall be included in
every NTP:
• FAR 52.216-23. Execution and Commencement of Work. (This clause requires
the contractor to indicate acceptance of the NTP by signing three copies of the
SF33. Upon acceptance by both parties, the contractor shall proceed with
performance of the work.)
• FAR 52.216-24. Limitation of Government Liability. The maximum liability for
any Notice to Proceed issued may be established up to the estimated amount
necessary to cover the contractor's requirements for funds to complete the work as
long as such amount does not exceed the estimated cost of the definitive contract
which cannot exceed $200,000.
• FAR 52.216-25. Contract Definitization. with its paragraph (b) providing for
definitization of the NTP within 90 business days after the date of the NTP award.
• FAR 52.216-26. Payment of Allowable Costs Before Definitization. shall also be
included if a cost-reimbursement definitive contract is contemplated.
In addition to these mandatory clauses, the clauses required by the FAR or EPAAR for
the type of definitive contract contemplated and any additional clauses known to be appropriate
for the definitive contract should also be included in the NTP. (See Appendix 4-E for the
mandatory clauses to attach to the SF33.)
4.1.2.3 Responsibilities Following the Issuance of a NTP
Warranted OSCs with delegated procurement authority have the following
responsibilities after the issuance of a NTP:
• The Warranted OSC must notify the cognizant FCS 1102 CO of the NTP award as
soon as possible, but in any event by the end of the next working day after
issuance of the NTP.
• Within 5 working days after issuing the NTP, the Warranted OSC shall convey to
the FCS 1102 CO all NTP documents for definitization and retain a copy for
his/her records in the site file.
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• The Warranted OSC shall assist the FCS 1102 CO to definitize the NTP as
requested by the CO.
4.2 Other Tools Not Included in the DPA
4.2.1 Purchase Cards/Convenience Checks
Warranted OSCs may be authorized to use an EPA-issued purchase card once they have
successfully completed the one-day purchase card training course, and then can use the card to
purchase supplies or services required in connection with response actions. Transactions are
limited by law to $3,000 per use/$6,000 maximum per month for a purchase card and $2,500 per
use for a convenience check. For construction services, purchases are limited to $2,000 due to
Davis Bacon Act provisions for labor pay rates. The approving official must set monthly limits
at the time the OSC applies for the card. The monthly limits may vary and can be changed if
needed.
Use of a purchase card to make small purchases for necessary supplies and services for
OSC operations is encouraged by the General Services Administration (GSA) sponsored
program. Most merchants are familiar with, and readily accept, the forms and payment systems
used in the purchase card transactions. Vendors are paid by their member banks immediately.
EPA reimburses the purchase card bank later. Compared to the purchase order method, use of
the purchase card reduces the cost to both merchants and the government, as well as broaden
sources of supply. Agency use of the purchase card is encouraged to the maximum extent
practicable. Purchases made with this card are exempt from Federal taxes.
The purchase card operates like a debit card and a funded procurement request must be
available for each OSC operation prior use of the card. The OSC must obtain approval from the
designated approving official prior to purchases (usually their supervisor). In emergency
situations, approval shall be obtained as soon as practicable following use. Examples of supplies
that may be purchased with a purchase card during an emergency response include bottled water
delivery for homes and office and other supplies (such as health and safety gear) for use by an
OSC. At locations where purchase cards are not accepted, convenience checks may be used to
obtain similar goods and services. OSCs should discuss the use of convenience checks with their
Regional finance office and the Agency Program Coordinators in Headquarters.
A purchase card log must be maintained to document all charges against the purchase
card, and this log must be submitted to the approving official pursuant to Regional requirements.
The purchaser is notified by e-mail when the cost must be allocated for each transaction.
A guidance document for the use of the purchase cards may be found at
http://www.epa.gov/oamintra/policv. The applicable chapters of the Contracts Management
Manual and Sections of the FAR are available on the website. The Resource Management
Directives and Administrative Control of Appropriated Funds Documents are available at:
http://intranet.epa.gov/. All purchases must conform with EPA, GSA Federal Supply Service
Schedule (FSS) contracts, and FAR requirements (see http://fss.gsa.zov/).
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4.2.2 Third Party Drafts
A Third Party Draft (TPD) is an Agency bank draft, similar to a check, which may be
used for the acquisition of goods and services not to exceed $5,000 (Appendix 4-D provides a
sample TPD). This procurement tool is similar to the purchase card, but may be used when
purchase cards are not accepted or when the dollar amount per transaction or cumulative total per
month exceeds an OSC's purchase card limit. Purchase cards are preferred, but TPDs are an
option available to the OSC.
To utilize a TPD, the Region must have a contract with an Agency-authorized financial
institution. This contract sets up an account and provides checks for the TPD. The Region pays
the Agency-authorized financial institution for handling each check and for setting up the
accounts. This is usually handled by a PR. Funds must also be available on a signed
commitment notice prior to the issuance of a TPD. The commitment notice should use site-
specific funding. The Regional finance office will obligate funding from the commitment notice
after receiving documentation from the OSC. The Regional finance office will be heavily
involved in this process, and Regional policies will dictate what can and cannot be done with this
tool. The Regional finance office has been assigned primary responsibility for this program.
In using TPDs, checks will be issued and assigned to the individual OSC. The OSC will
also be accountable for monitoring the "checkbook register" and ensuring that sufficient funds
are available prior to purchases. The required documentation to support payment may vary from
site to site and requirements should be verified before checks are issued. If TPDs are being used
to reimburse homeowners for articles destroyed due to contamination, an agreement or an invoice
with the homeowner will be required. In these situations, the involvement of regional attorneys
may be required to ensure that documentation is sufficient. The Regional finance office will
require copies of the documentation before making payments.
Prior to the issuance of checks, a system should be established to send the Regional
finance staff information regarding each draft in a timely manner. The Finance Office will be
notified as soon as a check is submitted from the financial institution for payment and has a few
days to authorize payment. A delay in authorization may result in the Agency being charged
interest from the financial institution issuing the TPDs.
Any time the Agency is making a payment for goods or services, it is important that there
is documentation of what was received and how much was paid. This documentation is often in
the form of a receipt or invoice. However, in some cases, preparation of documentation
authorizing the payment may require assistance from legal personnel. For example, TPDs (or
convenience checks) may be used to reimburse homeowners for contaminated personal property
that has to be destroyed. An attorney from the Office of Regional Counsel is needed to assist the
OSCs in drawing up a "contract" with the homeowner documenting the agreement of
reimbursement for the specific personal property. This "contract" is then used as an invoice to
document the transaction.
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Several items should be included in two-party agreements that serve as source documents
for payment to home or business owners whose property has been determined by EPA to be
unusable due to contamination. The following are examples of this type of information:
1. Payee name and address;
2. Name and address of person to whom check will be mailed;
3. Payee's social security number;
4. Mortgage or other lien information, if applicable;
5. Privacy Act Statement: "Furnishing the information on this form, including your
Social Security Number, is voluntary, but failure to do so may result in
disapproval ofpayment to you. The primary use of your social security number
will be for identification for issuance of a U.S. government check; secondary uses
may include other lawful purposes;"
6. Estimate of repair or replacement cost. It is recommended that a third party
adjustor be employed to assist in estimating the value of the replaced or repaired
property. Once an agreement has been reached on the value, all involved parties
(EPA, the property owner, and the independent adjustor) should sign the
agreement;
7. List of all items included in the settlement;
8. Total settlement amount;
9. Authorized payee's signature documenting the acceptance of the terms and
conditions of the agreement; and,
10. Authorized EPA signature documenting the acceptance of the terms and
conditions of the agreement.
4.2.3 Treasury Checks
A treasury check is similar to a TPD or convenience check except there is no dollar limit.
Treasury checks may only be issued by Regional finance or accounting staff and therefore the
OSC will need to coordinate closely with them. As with the TPD, any time the Agency is
making a payment for supplies or services, it is important that there is documentation of what
was received and how much was paid. This documentation may be in the form of a receipt or
invoice. Some documentation authorizing the payment, however, may require assistance from
Agency legal personnel. For example, treasury checks may be used to reimbursing homeowners
for contaminated personal property that has to be destroyed. An attorney from the Office of
Regional Counsel is needed to assist the OSCs in drawing up a "contract" with the homeowner
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documenting the agreement of reimbursement for the specific personal property. This "contract"
is then used as an invoice to document the transaction.
Several items should be included in two-party agreements that serve as source documents
for payment to home or business owners whose property has been determined by EPA to be
unuseable due to contamination. The following are examples of this type of information:
1. Payee name and address;
2. Name and address of person to whom check will be mailed;
3. Notarized signature and stamp;
4. Payee's social security number;
5. Mortgage or other lien information, if applicable;
6. Privacy Act Statement: "Furnishing the information on this form, including your
Social Security Number, is voluntary, but failure to do so may result in
disapproval ofpayment to you. The primary use of your social security number
will be for identification for issuance of a U.S. government check; secondary uses
may include other lawful purposes;"
7. Estimate of repair or replacement cost. It is recommended that a third party
adjustor be employed to assist in estimating the value of the replaced or repaired
property. Once an agreement has been reached on the value, all involved parties
(EPA, the property owner, and the independent adjustor) should sign the
agreement;
8. List of all items included in the settlement;
9. Total settlement amount;
10. Authorized payee's signature documenting the acceptance of the terms and
conditions of the agreement; and,
11. Authorized EPA signature documenting the acceptance of the terms and
conditions of the agreement.
4.2.4 Removal Program Technical Assistance Contract(s)
The START contract provides a variety of services through engineering, geological,
toxicological, biological, chemical, technical and administrative and technical support staff. This
team provides technical assistance to support EPA's site assessment activities; response,
prevention and preparedness activities; and technical support activities defined by the SOW.
This support includes gathering and analyzing technical information, preparing technical reports
on oil and hazardous substance investigation and cleanup efforts. Each Region has a CO and
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Project Officer/Deputy Project Officer (PO/DPO) assigned to the START contract. They may
provide valuable information on use of the contract and act as the authorizing officials for the
contract.
The CO/PO prepare, with assistance from the OSC, and issue written Technical Direction
Documents (TDDs), which are the mechanisms for initiating and amending services required
under this contract. In some situations, a PO/DPO may issue a TDD without approval by the CO.
For example, if there is a CO-approved Annual Work Plan or Work Assignment for the work
being tasked, the PO/DPO may issue the TDD directly to the contractor. Direct oversight of
individual TDDs is managed by the EPA CO, task monitors (TMs), who may be OSCs or Site
Assessment Managers (SAMs), and the PO or DPO. In emergency situations and in accordance
with the terms of the contract, the OSC may activate the START contractor through a verbal
order. Verbal activations must be followed up by a written TDD within the time frame outlined
in the contract (usually not more than five days following the verbal order).
Refer to the START SOW and User's Guide for detailed information on the services
offered and specific procedures for use of this tool. Exhibit 4-1 provides a general outline of the
Statement of Work.
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Exhibit 4-1:
General Outline of START Contract SOW
a.
CERCLA Site Assessment Activities:
1.
Preliminary Assessments (PA)(including Integrated Assessments).
2.
Site Inspection (SI).
3.
SI Prioritization.
4.
Expanded Si/Remedial Investigations (RI).
5.
Hazard Ranking System/NPL Packages.
b.
Response Activities:
1.
Emergency Response.
2.
Removal Support (funded by CERCLA).
3.
Removal Support (PRP).
4.
Oil Spill Response.
5.
Engineering Evaluations and Cost Analyses.
6.
Regional Response Center Support.
7.
Minor Containment.
8.
Site Documentation.
c.
Preparedness and Prevention Activities:
1.
Chemical Emergency Preparedness and Prevention (CEPP).
2.
Contingency Plans.
3.
Chemical Safety Audits.
4.
Spill Prevention Control and Countermeasure Inspections.
5.
Oil Program Initiatives.
d.
Technical Support Activities:
1.
Analytical Services.
2.
Special Projects.
3.
Training (given or received).
4.
General Technical Assistance.
5.
Multimedia Surveys and Inspections.
6.
Treatability Studies.
7.
Continuous Releases.
8.
Public Participation Support.
9.
Site Discovery Programs.
10.
Environmental/Ecological Evaluation.
11.
Federal Disaster Assistance Related Activities.
12.
Work plans.
13.
Assessment of Human Health and Ecological Risks.
14.
Administrative Records.
15.
Cost Recovery.
16.
Enforcement Activities.
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Technical Direction Documents (TDDs)
The contractor shall only perform work as specified in a written TDD issued by the CO
and/or PO/DPO (for work under a CO-approved Annual Work Plan or work assignment). When
required by an emergency situation, a TDD may be issued verbally according to the terms of the
contract. This verbal authorization may be made by the EPA OSC, PO, DPO or CO. The
contractor shall begin work immediately upon receipt of a verbally-issued TDD. Overtime
required during an emergency action will be authorized by the OSC. All other overtime should
be approved by the CO. A verbal activation by the PO, DPO, or OSC must be followed up with
a written TDD within the time frame outlined in the contract (usually not to exceed five (5)
business days). The written TDD shall indicate the date on which the TDD was verbally issued.
4.2.5 Authorization to Proceed (ATP)
An Authorization to Proceed with Removal and Disposal of Oil or Hazardous Material
Spill ("Authorization to Proceed" or ATP) may be issued by only the USCG-designated EPA
FCS 1102 CO to the USCG Basic Ordering Agreement (BOA) vendor to begin work on oil spill
responses. A Warranted OSC does not have the authority to issue an ATP against a USCG
BOA. ATP's may be issued when the OSC determines it is necessary and appropriate for EPA to
undertake removal actions for oil spills as provided in the Memorandum of Understanding
(MOU) between EPA and USCG, and the ERRS contractor either cannot provide the required
support in a timely manner or it is not cost efficient to do so. USCG BOAs are not competitively
bid contracts, so costs may be higher than expected. BOA's are agreements with vendors to
provide services at pre-negotiated rates in situations when other tools are unavailable or cannot
be initialized in a timely manner. EPA's Office of Acquisition Management and the Office of
Emergency and Remedial Response developed the Contracts Guidance Document 9701,
"Guidance for Use of USCG BOAs for Emergency Oil Spill Response Support."
In order to use this tool, the OSC must obtain a Federal Project Number and funding
ceiling from the applicable USCG District office. Funding for this action comes from the EPA
Headquarter's umbrella interagency agreement (IAG) with the USCG. A funded procurement
request (Form 1900-8) is also required for the EPA FCS 1102 CO to issue the ATP. See Section
2.2.2 for additional information regarding proper funding procedures.
4.2.6 Simplified Acquisition Procedures
The simplified acquisition procedures (SAP) can be used to obtain goods and services up
to $100,000. An OSC may not initiate a SAP, but will work with the Regional Simplified
Acquisition Ordering Official to facilitate the use of this tool. A micro-purchase (under $3,000)
does not require competitive quotes and is not limited to small businesses. The use of a
government purchase card is recommended for most micro-purchases. Acquisitions above
$3,000 and not exceeding $100,000 are set aside for small businesses. Simplified acquisition
procedures may be used for commercial items purchased in accordance with the Test Program for
Commercial Items up to $5.5 million.
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For supplies and services between $3,000 and $25,000, three bids should be obtained and
a justification provided for the source being chosen. If only one source is available, a Sole
Source Justification must be documented. For purchases over $25,000 but less than $100,000, an
advertisement must be placed in the Commerce Business Daily (CBD) or Small Purchase
Electronic Data Interchange (SPEDI). SPEDI is currently only available for durable goods, but is
being modified to accommodate service purchases as well. SPEDI is a subscription-type format
and may be accessed through the Federal Acquisition Contract Network (FACNET). CBD
advertisements must be placed for a minimum of 15 days.
To use simplified acquisition you will need to provide the following:
• A clear, concise SOW. SAP are not well suited to projects with indefinite or
potentially changing SOWs.
• Justification of need. This justification may reference the statute and/or the
imminent and substantial endangerment.
• A list of vendors contacted. It is recommended that a copy of the SOW be
provided to each of the potential vendors with a required return date. This ensures
everyone is bidding on the same information and facilitates an easier comparison
of like goods or services. In most situations, the lowest bid will be selected;
however, in some situations a justification for selecting an alternate bid may be
used. The OSC is not the selecting official, but only provides the information to
the Simplified Acquisition Ordering Official. A minimum of three bids is
required; however, a documented attempt to get a bid from a qualified source does
count towards this minimum. At a minimum, the Simplified Acquisition
Ordering Official will require vendor names, phone numbers, and vendor
response.
• A funded PR. (The CO or Simplified Acquisition Officer may go 10% over the PR
amount when an order is placed.)
The OSC should verify these procedures with Regional acquisition personnel because
they may vary from Region to Region. In addition, simplified acquisitions may require one or
two weeks of lead time. Therefore, it is not appropriate in many emergency situations. The local
phonebook/yellow pages, Chambers of Commerce, and the Mayor's office are excellent sources
for vendors.
Some examples of the use of simplified acquisition include:
• Planting trees and repair of a sidewalk after a removal was completed;
• Building a gravel road and pad for a command post; and
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• Installation of a water filtration systems on drinking water wells. (Note:
Maintenance of filtrations systems is likely better handled under some other type
of acquisition tool.)
Other Simplified Acquisition Tools
Other simplified acquisition tools are available but may have limited use in emergency
responses. These include the following:
• Blanket Purchase Agreement - A simplified method of filling anticipated
repetitive needs for supplies or services by establishing "charge accounts" with
qualified sources of supplies. These are typically used by Regional management
office staff to provide for repetitive office needs.
• Government-Wide Agency Contracts (GWACs) - Simplified acquisition contracts
for various information technology supplies and services. Additional information
on GWACs may be found on OAM's Web site at
http://epawww.epa. sov/oamintra/policy/gwachtml. htm.
GSA Schedule
"GSA serves as the acquisition and procurement arm of the federal government, offering
equipment, supplies, telecommunications, and integrated information technology solutions to
federal agencies so that the agencies can focus on doing what they do best—serving the public."
In addition to products like backpacks, knives, MREs, furniture, vehicles, etc, GSA has on its
schedule services or contractors who can accomplish some of the similar tasks as EPA's prime
contractors or those outside the scope of the prime contracts.
Overview www.gsa.gov/Portal/gsa/ep/home.do?tabId=2
GSA Advantage www.gsaadvantage.gov/advgsa/advantage/main/start_page.do
Schedule 899 - Environmental Services
Environmental Services Schedule 899 is a priority source for industry experts providing
support to federal agencies. Services under this Schedule are designed to support agencies in
meeting their environmental requirements and streamline the contracting process by providing a
faster, more cost efficient means to meet environment requirements.
Schedule 874 V - Logistics Worldwide (LOGWORLD)
The Logistics Worldwide (LOGWORLD) Multiple Award Schedule 874 V, assists
federal agencies in procuring comprehensive logistics solutions. Services include all phases of
planning, acquisition and management of logistics systems, providing expert advice, assistance,
guidance, management, or operational support services that permit the deployment of supplies,
equipment, materials and associated personnel. Training is provided in system operations,
automated tools for supply and value chain management, property and inventory management,
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distribution and transportation management, and maintenance of equipment and facilities
supporting these activities. Turnkey or total solutions are available in support of a logistics
functions and minor repair and alteration services, ancillary to existing SINs under this Schedule,
are also provided.
Please refer to Appendix 4-F for more information on Environmental Services Schedule
899 and the LOGWORLD Multiple Award Schedule 874 V.
4.2.7 Site-Specific Contracts
In certain circumstances, it may be advantageous to place and manage a site-specific
contract. This tool requires considerable up-front resources, especially on the contracting side, to
initiate and should only be used in special situations. An example of a site specific contract
would be a fixed-price, performance-based contract for well-defined project. This type of
contract specifies certain levels of performance by the contractor. For example, in the case of
soil treatment, a performance-based contract may require the contractor to treat a given amount
of soil to a predetermined level. If a site specific contract is used, competitive bids will be
received which can reduce overall costs to the project. In addition, performance-based, fixed
price contracts require less EPA oversight than the time-and-materials or cost-reimbursement
because EPA is only concerned about the contractor meeting the predetermined performance
levels. Day-to-day cost tracking by EPA is not required for this type of contract.
Site-specific contracts are desirable because they promote competition and allow for
fixed-pricing. They should be considered in non-emergency situations. The following four
factors should be weighed when contemplating the use of a site-specific contract:
1. Lead time - A minimum of four to six months of lead time is recommended.
2. Cost - With a large action, the potential for savings is greater. Actions costing
more than $2 million should generally have some component of the work done on
a site-specific, fixed-price basis.
3. Complexity - The cleanup action should be relatively straightforward. Complex
actions may require more flexibility than is allowed for in a SOW of a site-
specific contract.
4. Management - Site-specific contracts require more up front preparation and
management than using an existing ERRS contract.
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The OSC must verify that funds to support the contract are available. OSCs are
responsible for securing the IGCE, writing the SOW, organizing any necessary technical
evaluation of those making offers, and often serving as PO. The CO and PO are responsible for
preparing the procurement package, including the Procurement Initiation Notification (PIN).
Requirements for preparing the PIN are located on the OAM web page. The CO is responsible
for placing the advertisement, reviewing submitted bids, overseeing negotiations, and awarding
the contract. For additional guidance, refer to the "Superfund Removal Procedures, Response
Management: Removal Action Start-Up to Close-Out," EPA 540-R-96-039.
4.2.8 Pollution Removal Funding Authorizations (PRFAs)
If an OSC requires the services of another government Agency (Federal, State, Tribal, or
local) for a response to a release of oil that impacts or threatens to impact waters of the United
States in which an applicable IAG with that organization has not been executed, the EPA OSC
may execute a PRFA. PRFAs are similar to cooperative agreements or IAGs, except that they
can be entered into with a Federal, State, Tribal, or local agency. PRFAs provide the assisting
agency with a SOW and budget ceiling. OSCs should ensure that the agency they are entering
into a PRFA with understands the cost documentation necessary to receive direct reimbursement
for eligible costs from the National Pollution Fund Center (NPFC). Additional guidance on the
use of PRFAs may be found in EPA's, "Guidance for the Use of the Oil Spill Liability Trust
Fund," OSWER 9360.8-11.
4.2.9 Interagency Agreements (IAGs)
IAGs may be used to obtain support from other Federal agencies. Support may be
requested directly from the appropriate department or agency, or through the department's
representative to the National Response Team (NRT) or the various Regional Response Teams
(RRT). Some Regions have an umbrella IAG with certain Federal agencies, such as the U.S.
Army Corps of Engineers or the USCG, which can be utilized to obtain immediate support. If a
new LAG must be entered into, it will likely take several weeks to initiate. Some national
umbrella IAGs also exist. An example of a national umbrella IAG is the EPA
Headquarters/USCG LAG which provides site-specific funding for oil spill responses. A certain
portion of this funding is distributed annually to each of the regions for small to medium oil spill
responses. For long-term and costly oil spill response, a site-specific IAG will usually be
initiated between the region and the USCG. OSCs should know what umbrella IAGs are
available in their Region. IAGs may be used for either CERCLA or OPA cleanups. At a
minimum, initiating an LAG requires a SOW and an EPA interagency agreement/amendment
form. (See Section 5.2 of this Guide for information on the specific assistance available through
other Federal agencies.)
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4.2.10 Response Action Contracts (RACs)
The Response Action Contracts (RACs) provide EPA with professional
architect/engineer, technical, and management services to support remedial response,
enforcement oversight, and non-time-critical (NTC) removal actions. While in many Regions,
OSCs do not routinely conduct NTC removal actions, the RAC SOW does allow for support in
this area. The SOW includes NTC tasks such as Engineering Evaluation/Cost Analyses
(EE/CAs), community relations, site characterization, sample analysis, analytical support, data
validation, risk assessment, identification, screening, and analysis of alternatives, and NTC
removal design and action. OSCs should contact their Regional CO responsible for the RACs
contract for additional information about this tool.
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Appendix 4-A
Task Order Forms
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United States
Environmental Protection Agency
Washington, DC 20460
TASK ORDER FOR EMERGENCY RESPONSE CLEANUP SERVICES
(This task order is subject to all terms and conditions of the contract identified in Block 2.)
1. DATE OF ORDER:
4. TIME OF INITIAL ORDER: (If initial order was verbal)
(Specify Time Zone)
AM
PM
2. CONTRACT NUMBER:
68-S5-98-02
3. ORDER NUMBER:
5. TASK ORDER CEILING AMOUNT: (Obligated Amount)
6a. ISSUED TO: CONTRACTOR (Name, address, and Zip
Code)
7a. ISSUED BY: ORDERING OFFICE (Name, address, and
Zip Code)
6b. PROGRAM MANAGER: (Name and Phone Number)
7b. EPA REGION/USCG DISTRICT
7c. ZONE
6c. RESPONSE MANAGER: (Name and Phone Number)
7d. ON-SCENE COORDINATOR (Name and Phone Number)
8. RESPONSE LOCATION: (Site Name and/or Address and
Zip Code)
9. CONTRACTOR REQUIRED ON SITE: (Date and Time)
(Specify Time Zone) AM
PM
10. REQUIRED WORK COMPLETION DATE:
11. STATEMENT OF WORK (The Contractor shall furnish the necessary personnel, materials, services, facilities, and otherwise
do all things necessary for, or incident to, the performance of the work set forth below:
12. ACCOUNTING AND APPROPRIATION DATA
DCN Budget/FY Appropriation Code Budget Org/Code Program Element Object Class
Line (Max 6) (Max 4) (Max 6) (Max 7) (Max 9) (Max 4)
1
SAX
98
T
5AFOE
FAX
25.05
2
3
Amount (Dollars) (Cents) Site/Project Cost/Org/Code SFO (Max 2)
1
C001
22
2
3
13. ORDERING OFFICER:
NAME/TITLE:
SIGNATURE:
DATE:
EPA Form 1900-59 (Rev. 7-94) Electronic and Paper versions acceptable. Previous additions are obsolete.
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Appendix 4-B
Sample Daily Work Order/Daily Work Report
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Sample Daily Work Order/Daily Work Report
PAGE 1 OF 1
U.S.EPA REGION V
DAILY WORK ORDER/REPORT - ERRS
DATE: July 10,1997
SITE NAME: Lakeside Refining
SITE NUMBER: A545
ON-SCENE COORDINATOR: Jane Smith
CONTRACT NO.: 68-52-5001
DELIVERY ORDER NO.: 5001-05-399
RESPONSE MANAGER: John Doe
START MONITORS: Environmental Monitoring, Inc.
CONTRACTOR: Clean up the Mess Fast, Inc
WORK AUTHORIZED
WORK ACCOMPLISHED
• Continue placement of final site grade.
• Continue general pickup and decon of tools, trailers, etc.
• Continue demolition of boilerhouse.
• Continue to load and ship rolloff boxes of scrap steel.
• Continue removal of ACM from old boiler.
•
OSC SIGNATURE: RM SIGNATURE:
OSC SIGNATURE:
RM SIGNATURE:
1 RESPONSE MANAGER
1 FOREMAN
CHEMIST
AUTHORIZED PERSONNEL
J_ CLERK _2_ CLEAN-UP TECHNICIAN
J_ OPERATOR LAB TECHNICIAN
LABORER OTHER DBA Laborer
EQUIPMENT AND MATERIALS
ITEM:
QTY
USED
UNUSED
QTY
USED
UNUSED
71-331 Pickup Truck
1
SCBA
3
71-922 Pickup Truck
1
Hand held radio
12
10
72-595 Decon trailer
1
computer and printer
1
5 kw generator
1
AMENDMENTS
OSC SIGNATURE:
RM SIGNATURE:
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Appendix 4-C
Sample Subcontract Consent Letter
Subcontract Consent and Review Checklist
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Example for Emergency Consent Letter
Attachment 1
Ms./Mr.
Subcontract or Purchasing Manager
Company name
Address
Subject: Contract No.
Delivery Order No. 0012-01- Tsite namel
CONSENT TO SUBCONTRACT WITH l"name of subcontractor!
Dear Ms. Smith:
I have reviewed the subject request for consent dated for
the proposed subcontract for Ttvpe of servicesl at the above site. This
consent is subject to all clauses, articles, terms and conditions of the
prime contract, and is based on the supporting information which you
provided. The subcontract is a Tfixed unit price/firm fixed price! for a
total of Tinsert subcontract amount! . The period of performance for this
subcontract consent is
You shall not construe this consent to be a determination as to the
acceptability of the subcontract terms or price or the allowableness of
any costs under the subcontract, nor to constitute an increase in the
prime contract value. This consent does not hereby relieve your firm of
any contractual or legal obligation. This consent creates neither any
Government obligation to, nor privity of contract with, your
subcontractor. This consent shall be without prejudice to any right or
claim of the Government under the prime contract. No subcontract term
shall in fact obligate me, another Contracting Officer, or any board of
contract appeals to decide questions that do not arise between the
Government and your firm or that are not cognizable under the "Disputes"
clause of the prime contract. Consent does not constitute approval, and
the proposed arrangement remains your subcontract and your
responsibility.
Sincerely,
On-Scene Coordinator
cc: Contracting Officer
Project Officer
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CONTRACT NO.
SUBCONTRACT FOR
A. RESPONSIBLE OFFICIAL MAY NOT GRANT CONSENT IF ANY OF THE
FOLLOWING APPLY:
• Cost-Reimbursement subcontracts if the fee exceeds the fee limitations of FAR 15.903(d).
• Subcontracts providing for payment on a cost-plus-a-percentage-of-cost basis.
• Subcontracts obligating the contracting officer to deal directly with the subcontractor.
• Subcontracts that make the results of arbitration, judicial determination, or voluntary
settlement between the prime contractor binding on the government.
• Repetitive or unduly protracted use of cost-reimbursement, time and materials, or labor hour
subcontracts.
B. ADDITIONAL CONSIDERATIONS:
YES NO N/A
1) Is the decision to subcontract consistent with the contractor's approved
make-or-buy program?
2) Is the subcontract for special test equipment or facilities that are
available from government sources?
3) Is the selection of the particular supplies, equipment, or services
technically justified?
4) Has the contractor complied with the prime contract requirements
regarding labor surplus area or small business subcontracting, including
if applicable, its plan for subcontracting with small business concerns?
5) Was adequate price competition obtained or its absence properly
justified?
6) Did the contractor adequately assess and dispose of the contractor's
alternate proposals, if offered?
7) Does the contractor have a sound basis for selecting and determining
the responsibility of the particular subcontractor?
8) Has the contractor performed adequate cost or price analysis or price
comparisons and obtained accurate, complete, and current cost or pricing
data, including any required certifications?
SUBCONTRACT CONSENT CHECKLIST
CONTRACTOR NAME:
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YES NO N/A
9) Is the proposed subcontract type appropriate for the risks involved
and consistent with current policy?
10) Has adequate consideration been obtained for any proposed subcontract
that will involve the use of Government furnished facilities?
11) Has the contractor adequately and reasonably translated prime contract
technical requirements into subcontract requirements? (i.e., bonding,
insurance, DBA, SCA, conflict of interest, certificate of procurement
integrity, quotations)
12) Does the prime contractor comply with applicable cost accounting
standards for awarding the subcontract?
13) Is the proposed subcontractor on the Consolidated List of Debarred,
Suspended, and Ineligible Contractors?
14) The proposed subcontract contains all the required representations and
certificates, either the FAR clause or the Contractor's format.
15) The SOW for the proposed subcontract is not so restrictive so as to limit
competition and conforms to all requirements concerning personal services,
inherently governmental functions and prohibited services.
16) The proposed subcontract contains all of the appropriate and
necessary clauses and provisions, as delineated in the list of flow-down
clauses below and in accordance with the FAR and EPAAR.
RESPONSIBLE OFFICIAL:
REVIEW:
(Name, Title) (Date)
CONSENT:
(Name, Title) (Date)
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Directions for Completing Subcontract Consent Checklist
1) Make-or Buy Determinations: Most contracts do not contain a Make-or-Buy Plan. If they do, there should be specific contract clauses and an
approved Make-or-Buy Plan as a contract attachment. If a Make-or-Buy Plan does exist, pricing and procedures should be set forth in the
Approved Plan and the proposed subcontract should be in accordance with this plan. (See FAR 15.407-2.) This element is usually N/A.
2) Special Test Equipment or Facilities: This is normally not applicable to Superfund Contracts. If you have questions regarding this issue, you
may review FAR Part 45 or contact your Regional CO.
3) Technically justified: OSC/COR must ensure the supplies or services being provided by the subcontract are technically needed for the project
4) Compliance with small/small disadvantaged business goals: Contractors are encouraged to compete requirements to small/small disadvantaged
and women owned businesses. Large businesses are required to submit a Subcontracting Plan outlining their goals for the dollar amounts they
plan to subcontract during the life of the contract. (Small businesses are exempt from this requirement, but are still encouraged to promote
small/small disadvantaged business participation). Businesses are in compliance with this if they try to include these types of businesses in
soliciting proposals.
5) Adequate competition: Normally 3 offerors reflects competition. Any sole source subcontracts must be adequately justified.
6) The prime contractor should provide a justification for the selection of a particular subcontractor. This may be based on cost, technical
capabilities, or some other reason acceptable under the FAR.
7) Responsibility: The prime contractor must provide information as to how responsibility of the proposed subcontractor was determined. This
can be done through previous successful history with the subcontractor (citing previous purchase/contract numbers), through reference checks, or
other documented means by the prime contractor. Verify that the subcontractor is not on the debarred or ineligible list. The prime contractor
should also ensure that the subcontractor has adequate resources to perform. Additionally, if the Davis-Bacon Act applies to the subcontract, the
prime must be assured that Davis-Bacon wages are being paid.
8) Price Reasonableness Determination: As a general rule, adequate price competition can be defined as competition of a minimum of 3 offerors
AND a price difference of no more than 20% between the low and next low offer. If there is more than a 20% price differential, it may be
considered a wide disparity in pricing and offerors may be asked to verify their pricing as accurate and complete. The appearance of a price
disparity alerts the OSC to the fact that any one of the offerors may have misunderstood or misinterpreted the requirement, or is not proposing
Davis-Bacon Act wages. If there is an explanation as to the price differential such as quantity discounts proposed by the low offeror, restricted
time frame requirements, location of the offeror, or company discounts due to heavy or frequent utilization of the proposed offeror, etc., please
note this in the package.
Secondly, commerciality may be utilized to determine price reasonableness. Commerciality is defined as having a published catalogue or price list
and verifying its use with one or two commercial customers. Verification may be done verbally and documenting this conversation or by obtaining
copies of invoices illustrating usage of the catalogue price.
Price history may also be utilized to determine price reasonableness. However, it must be for similar items where the original pricing was
determined fair and reasonable based upon price competition, commerciality, or cost analysis. If there is a difference in the items, then the
conclusions used to make the comparison must be explained. For instance, if the current item required is twice as large as the original item, then it
is reasonable to conclude the new price may be twice as much, or if the item is twice the complexity of the original item, the new price may be
double the original price. Comparison to an internal price estimate may be used as a last resort, but the internal price estimate must be developed
with reasonable and justifiable assumptions and cost estimates.
A combination of the approaches outlined above may be utilized to determine price reasonableness. A complete and thorough explanation of the
sources sought, the price reasonableness determination, and determination of contractor responsibility will result in a subcontract package that can
be reviewed and consented to quickly.
9) Appropriate Subcontract Type: This element ensures the appropriate type of contract has been selected by the prime contractor based upon the
technical requirements and complexity.
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The following provides a short explanation of the different contract types:
Fixed Price contracts provide for a firm price that is not subject to any adjustment on the basis of the contractor's cost experience in performing
the contract. The contractor assumes the maximum risk under a fixed price contract by making them fully responsible for all costs. It provides
maximum incentive for the contractor to control costs and perform effectively and efficiently. This type of contract is the preferred type of
contract for the requirements that can be clearly defined with no uncertainties or risks identified. It should be used when acquiring commercial
items or other supplies or services on the basis of reasonably definite requirements or specifications.
Indefinite Quantity Contracts provide for an indefinite quantity, within stated limits of supplies or services to be furnished during a fixed period,
with deliveries or performance to be scheduled by placing orders with the contractor. These are items that can be identified in such a way that a
fixed price for them can be derived, and only the required quantity and delivery are unknown or uncertain. These types of contracts may also be
cost reimbursable and not limited to fixed price.
Time and Material (T&M) contracts provide for acquiring supplies or services on the basis of direct labor hours at a specified fixed hourly rate
that include wages, overhead, general and administrative (G&A) expenses and profit and materials at cost, including material handling costs as
part of material. This type of contract may be used only when it is not possible at the time of placing the contract to estimate accurately the extent
or duration of the work or to anticipate costs with any reasonable degree of confidence. This is the least preferred contract type, as the
Government will ultimately bear all of the risk.
Cost Reimbursement contracts provide for payment of allowable incurred costs. These contracts establish an estimate for the cost of
performance. The limits of performance are set by the estimated cost. These contracts may be incrementally funded. THIS IS THE LEAST
PREFERRED CONTRACT TYPE AS THE GOVERNMENT WILL ULTIMATELY BEAR ALL OF THE RISK.
10) Government-furnished facilities: In accordance with FAR Part 45, the Government is only allowed to furnish facilities (basically, another term
for property) to contractors under very specific and limited circumstances. See FAR 45.302-1. Therefore, this element is usually N/A.
11) Interpretation of technical requirements: Requires review of the subcontract statement of work or specifications and quantities by the OSC or
COR, and transmittal to the CO in plain language.
12) Compliance with cost accounting standards: This is required only for subcontracts in excess of $500,000. There are exceptions such as small
businesses, fixed price subcontracts, subcontracts awarded based upon competition, etc. (More exceptions are identified in 48 CFR, Chapter 99,
which is an appendix to the FAR and accessible through the Internet or through the Code of Federal Regulations (CFR) at
http://www.access.gpo.gov/nara/cfr/cfr-table-search.html) This element is usually N/A.
13) Debarred Listing: GSA puts out a monthly List of Parties Excluded from Federal Procurement and Non-procurement Programs. A copy is
available in your Regional CO office or through the Internet at http://www.arnet.gov/epls/
14) Required flow down clauses: There are clauses contained in the prime contract which are required to be flowed down to any subcontracts.
These clauses must be included in the terms and conditions of the subcontract. Ensure a copy of the terms and conditions of the subcontract are
included with the subcontract consent package. Check also with the Contracting Officer to see if a list of required flow down clauses are
available. It is the contractors responsibility to ensure that the flow down clauses are included in the submittal.
15) Fee limitations within cost type contracts: Usually N/A. If required, use the FAR or contact the Contracting Officer
16) Cost-Plus-Percentage-of-Cost Contracts: It must be ensured that the contractor is not using a cost-plus-percentage-of-cost type of contract as
this type of contract is PROHIBITED under the FAR 16.102. An example is subcontract line items (labor, ODCs, Travel, materials, etc., subtotals
to $100,000 and the fee (or profit) calculated by:
$100,000 (Subtotal)
X 8% (Fee/Profit)
$ 108,000 (Contract total)
17) The contractor should provide a brief description of the supplies/services being ordered.
18) The contractor should provide a justification of the need to subcontract (i.e., technical capabilities not available with contractor.)
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Appendix 4-D
Sample Third Party Draft
September 2005
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September 2005
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Sample Third Party Draft
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avI! , £U tie
STX753CC
-SAMPLE-
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.ML,!- r Ah \ l: J V,- j:.-.. m U _L V ^ t
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1-ic: avi? , suite isoo "J' AjTh W- nut"valTd ASTEH -W oa?S FROM DAfl
ClAiiASTX TWW
2
PAY TO TM-
O'lDE5 or
P*,Vrfi
NOT COCO -'JhT' 4-' sgqoo.oo
OTBTiwnytM> tSfia t«t| BY psw.tefcitvTVflwac !'«rH»|..ftf«TATIffi
Void
jwMMiim ¦'> wAwa s Ph^nFr.rhTA-r/t
ii*D iDC^Baw,fl«* t;oq iqc^H&5': 22 105 ?"' E62
September 2005
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Appendix 4-E
Notice to Proceed (NTP) Checklist
SF33
NTP Clauses
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NTP CHECKT TST
(1) Briefly describe the emergency requiring the issuance of a NTP.
Date/Time:
Place:
Type of Response Required:
(2) Official Making the Emergency Designation.
Name:
Position/Title
(3) Is the cognizant FCS 1102 CO available? Yes No,
Date Called:
Time Called:
(4) Explain why none of the other existing contracting mechanisms may be used, or are available, in
this instance?
(5) Are all actual or potential conflict of interest issues resolved?
(6) Statement of Work (SOW):
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(7) OSC Name & Office Address:
OSC Telephone:
(8) (a) $
is committed and available for obligation for this effort.
(b) Accounting Data:
DCN
Appr
BFY
SFO
Budget
Obj.
PE
Site
Cost/
Amount
Code
Org
Class
Proj.
Org
Code
(c) Contractor:
Contractor POC:
(d) Address:
Telephone:
(9) Special Agreements or Considerations:
(10) OSC Certification: I certify that the information contained herein is accurate and complete to the
best of my knowledge and belief.
Date:
OSC Signature:
Typed/Printed Name:
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SOLICITATION, OFFER AND AWARD
1. THIS CONTRACT IS A RATED ORDER RATING
UNDER DPAS (15 CFR 700)
PAGE OF PAGES
2. CONTRACT NUMBER
3. SOLICITATION NUMBER
4. TYPE OF SOLICITATION
|~| SEALED BID (IFB)
|~| NEGOTIATED (RFP)
5. DATE ISSUED
6. REQUISITION/PURCHASE NUMBER
7. ISSUED BY CODE |
8. ADDRESS OFFER TO (If other than Item 7)
NOTE: In sealed bid solicitations"offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if
handcarried, in the depository located in until local time
(Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.21 5-1. All offers are subject to all terms and conditions
contained in this solicitation.
10. FOR ^
A. NAME
B. TELEPHONE (NO COLLECT CALLS)
C. E-MAIL ADDRESS
INFORMATION V
AREA CODE
NUMBER
EXT.
CALL: *
11. TABLE OF CONTENTS
(X)
SEC.
DESCRIPTION
PAGE(S)
(X)
SEC.
DESCRIPTION
PAGE(S)
PART I - THE SCHEDULE
PART II - CONTRACT CLAUSES
A
SOLICITATION/CONTRACT FORM
I
CONTRACT CLAUSES
B
SUPPLIES OR SERVICES AND PRICES/COSTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
C
DESCRIPTION/SPECS./WORK STATEMENT
J
LIST OF ATTACHMENTS
D
PACKAGING AND MARKING
PART IV - REPRESENTATIONS AND INSTRUCTIONS
E
INSPECTION AND ACCEPTANCE
K
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
F
DELIVERIES OR PERFORMANCE
G
CONTRACT ADMINISTRATION DATA
L
INSTRS., CONDS., AND NOTICES TO OFFERORS
H
SPECIAL CONTRACT REQUIREMENTS
M
EVALUATION FACTORS FOR AWARD
OFFER (Must be fully completed by offeror)
NOTE: Item 1 2 does not apply if the solicitation includes the provisions at 52.21 4-1 6, Minimum Bid Acceptance Period.
1 2. In compliance with the above, the undersigned agrees, if this offer is accepted within
calendar days (60 calendar days unless a different
period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite
each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT k
(See Section I, Clause No. 52.232-8) y
10 CALENDAR DAYS (%)
20 CALENDAR DAYS (%)
30 CALENDAR DAYS (%)
CALENDAR DAYS (%)
14. ACKNOWLEDGMENT OF AMEND-
MENTS (The offeror acknowledges receipt of
amendments to the SOLICITATION for offerors
and related documents numbered and
dated)
AMENDMENT NO.
DATE
AMENDMENT NO.
DATE
15A. NAME AND
ADDRESS
OF OFFER-
OR
CODE
FACILITY
1 6. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print}
15B. TELEPHONE NUMBER
AREA CODE NUMBER
EXT.
~
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER SUCH
ADDRESS IN SCHEDULE.
17. SIGNATURE
18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
20. AMOUNT
21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
I 10 U.S.C. 2304(c) ) I 41 U.S.C. 253(c) ( )
23. SUBMIT INVOICES TO ADDRESS ^
SHOWN IN (4 copies unless otherwise specified)
ITEM
24. ADMINISTERED BY (If other than Item 7) CQDE
25. PAYMENT WILL BE MADE BY C0DE |
26. NAME OF CONTRACTING OFFICER (Type or print)
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
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NTP CLAUSES
The following clauses apply to this NOTICE TO PROCEED (NTP). By signing this NTP, the
Contractor agrees to abide by all of these contract clauses. In addition to these clauses, the CO,
during the definitization process, may include any other appropriate clauses in the contract.
Note to Contractor: The FCS 1102 CO will send the "Contractor Representations, Certifications,
and Other Statements of Offerors" to the contractor during the definitization process. The
contractor shall complete and submit the "Contractor Representations, Certifications, and Other
Statements of Offerors" to the FCS 1102 CO prior to definitization of the NTP.
52.216-23 Execution and Commencement of Work (Apr 1984)
The Contractor shall indicate acceptance of this letter contract by signing three copies of the
contract (SF33) and returning them to the Contracting Officer/Warranted On-Scene Coordinator
not later than [insert date]. Upon acceptance by both parties, the Contractor
shall proceed with performance of the work, including purchase of necessary materials.
52.216-24 Limitation of Government Liability (APR 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur
obligations exceeding dollars.
(b) The maximum amount for which the Government shall be liable if this contract is terminated
is dollars.
(End of clause)
52.216-25 Contract Definitization (Oct 1997)
(a) A [insert specific type of contract] definitive contract is contemplated. The
Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a
definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation
(FAR) on the date of execution of the NTP, (2) all clauses required by law on the date of
execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and
conditions. The Contractor agrees to submit a either a cost or price proposal as requested during
definitization and negotiations by the FCS 1102 CO.
(b) Definitization Schedule (These dates may be modified by the definitizing FCS 1102 CO):
Contractor submits definitization proposal to CO: 14 business days after award of NTP
Parties conclude negotiations: 45 business days after award of NTP
Parties execute definitized agreement: 90 business days after award of NTP
(c) If agreement on a definitive contract to supersede this Notice to Proceed (NTP) is not
reached within 90 days after award of the NTP, or within any extension of it granted by the FCS
1102 CO Officer, the FCS 1102 CO may, with the concurrence of the Chief of the Contracting
Office (CCO) determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of
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the FAR. The CO's determination is subject to Contractor appeal as provided in the Disputes
clause. In any event, the Contractor shall proceed with completion of the contract, subject only to
the Limitation of Government Liability clause.
(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by
terms of the definitized contract.
(1) All clauses required by the FAR on the date of execution of this NTP for either fixed-price or
cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);
(ii) All clauses required by law as of the date of the Contracting Officer's determination; and
(iii) Any other clauses, terms, and conditions mutually agreed upon.
(2) To the extent consistent with subparagraph (c)(1) of this section, all clauses, terms, and
conditions included in this NTP shall continue in effect, except those that by their nature apply
only to the NTP.
(End of Clause)
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REQUIRED IN ALL NTPs WHEN A COST-REIMBURSEMENT DEFINITIVE
CONTRACT IS CONTEMPLATED
52.216-26 Payments of Allowable Costs Before Definitization (Mar 2000)
(a) Reimbursement rate. Pending the placing of the definitive contract referred to in this letter
contract, the Government will promptly reimburse the Contractor for all allowable costs under
this contract at the following rates:
(1) One hundred percent of approved costs representing financing payments to subcontractors
under fixed-price subcontracts, provided that the Government's payments to the Contractor will
not exceed 80 percent of the allowable costs of those subcontractors.
(2) One hundred percent of approved costs representing cost-reimbursement subcontracts;
provided, that the Government's payments to the Contractor shall not exceed 85 percent of the
allowable costs of those subcontractors.
(3) Eighty-five percent of all other approved costs.
(b) Limitation of reimbursement. To determine the amounts payable to the Contractor under this
letter contract, the Contracting Officer shall determine allowable costs in accordance with the
applicable cost principles in Part 31 of the Federal Acquisition Regulation (FAR). The total
reimbursement made under this paragraph shall not exceed 85 percent of the maximum amount
of the Government's liability, as stated in this contract.
(c) Invoicing. Payments shall be made promptly to the Contractor when requested as work
progresses, but (except for small business concerns) not more often than every 2 weeks, in
amounts approved by the Contracting Officer. The Contractor may submit to an authorized
representative of the Contracting Officer, in such form and reasonable detail as the representative
may require, an invoice or voucher supported by a statement of the claimed allowable cost
incurred by the Contractor in the performance of this contract.
(d) Allowable costs. For the purpose of determining allowable costs, the term "costs" includes—
(1) Those recorded costs that result, at the time of the request for reimbursement, from payment
by cash, check, or other form of actual payment for items or services purchased directly for the
contract;
(2) When the Contractor is not delinquent in payment of costs of contract performance in the
ordinary course of business, costs incurred, but not necessarily paid, for—
(i) Supplies and services purchased directly for the contract, provided payments will be made—
(A) In accordance with the terms and conditions of a subcontract or invoice; and
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(B) Ordinarily prior to the submission of the Contractor's next payment request to the
Government;
(ii) Materials issued from the Contractor's stores inventory and placed in the production process
for use on the contract;
(iii) Direct labor;
(iv) Direct travel;
(v) Other direct in-house costs; and
(vi) Properly allocable and allowable indirect costs as shown on the records maintained by the
Contractor for purposes of obtaining reimbursement under Government contracts; and
(3) The amount of financing payments that the Contractor has paid by cash, check, or other forms
of payment to subcontractors.
(e) Small business concerns. A small business concern may receive more frequent payments than
every 2 weeks.
(f) Audit. At any time before final payment, the Contracting Officer may have the Contractor's
invoices or vouchers and statements of costs audited. Any payment may be—
(1) Reduced by any amounts found by the Contracting Officer not to constitute allowable costs;
or
(2) Adjusted for overpayments or underpayments made on preceding invoices or vouchers.
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The following clauses are to be incorporated into the NTP and definitive contract where
applicable. All asterisked (*) clauses have fill-ins which will be negotiated by the FCS 1102 CO
during definitization. The full text of these clauses is available upon request from the cognizant
EPA FCS 1102 CO.
Federal Acquisition Regulation (FAR) Clauses
52.202-1
Definitions
Oct 1995
52.203-3
Gratuities
Apr 1984
52.203-5
Covenant Against Contingent Fees
Apr 1984
52.203-6
Restrictions on Subcontractor Sales to Government
Jul 1995
52.203-7
Anti-Kickback procedures
Jul 1995
52.203-8
Cancellation, Rescission, and Recovery of Funds for
Illegal or Improper Activity
Jan 1997
52.204-4
Printing/Copying Double-Sided on Recycled Paper
Jun 1996
52.232-17
Interest
Jun 1996
52.232-25
Prompt Payment
Jun 1997
52.233-1
Disputes
Dec 1998
52.233-2
Service of Protest
Aug 1996
52.233-3
Protest After Award
Aug 1996
52.242-15
Stop Work Order
Aug 1989
52.252-2
Clauses Incorporated by Reference
Feb 1998
Environmental Protection Agency Acquisition Regulation (EPAAR) Clauses
1552.209-71 Organizational Conflicts of Interest May 1994
1552.229-70 State and Local Taxes Nov 1989
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Appendix 4-F
Environmental Services Schedule 899
Logistics Worldwide (LOGWORLD) Multiple Award
Schedule 874 V
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Schedule 899 - Environmental Services
Page 1 of 6
Back to Original
ISfifl U.S. General Services Administration
Schedule 899 - Environmental Services
Carolyn Dicugno
(253) 931-7042
carolvn.dicuano@qsa.gov
View Contact Details
Barry D, Nelson
(800) 241-7246
mamt.services@asa.gov
View Contact Details
Environmental Services Schedule 899 is a priority source for
industry experts providing support to federal agencies. Services
under this Schedule are designed to support agencies in
meeting their environmental requirements and streamline the
contracting process by providing a faster, more cost efficient
means to meet environment requirements.
A wide-variety of services and tasks can be ordered
from industry experts who are qualified to offer support for:
• Strengthening Federal Environmental Management goals
in Electronics Stewardship;
• Environmental Management Systems;
• Pollution Prevention, Cleanup and Restoration;
. HAZMAT;
• Training Awareness and more.
Reduce your agency's environmental footprint and meet agency goals through the services
available on this schedule.
Variety of Offerings Include:
Schedule 899
SIN Number SIN Name
899 1 Environmental Consulting Services
899 2 Environmental Compliance Services
899 3 Environmental Training Services
899 4 Waste Management Services
899 5 Materials and Waste, Recycling & Disposal Services
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24455&contentId=l.
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Schedule 899 - Environmental Services
Page 2 of 6
899 6
899 7
899 8
Environmental Advisory Services
Geographic Information Services (GIS) Services
Remediation and Reclamation Services
The Environmental Program assists agencies in complying with environmental initiatives and
meeting goals through contractors offering:
899-1 Environmental Planning Services & Documentation:
Services include, but are not limited to:
• Environmental Consulting that includes the development;
• Planning;
• Facilitation;
• Coordination and documentation for initiatives in areas of chemical, biological,
radiological, and/or hazardous material services;
• Environmental Assessments and Environmental Impact Statements under the National
Environmental Policy Act (NEPA);
• Endangered Species, Wetlands, Watersheds and other Natural Resource Management
plans;
• Archeological and/or Cultural Resource Management Plans;
• Environmental Program and Project Management and Environmental Regulation
Development;
• Economic, Technical and/or Risk Analysis; and, other environmentally related studies
and/or consultations. Homeland Security issues including vulnerability assessments,
biochemical protection, identification of threats and protective measures to mitigate the
threats and Crime Prevention through Environmental Design (CPTED) surveys.
899-2 Environmental Compliance Services:
• Services include, but are not limited to: Environmental Compliance Audits; Compliance
Management and/or Contingency Planning; Permitting; Spill Prevention/Control and
Countermeasure Plans; Pollution Prevention Surveys; ISO 14000/Environmental
Management Systems (EMS); and Community Right to-Know Act reporting.
899-3 Environmental Occupational Training Services:
• Training to include standard (off the shelf), customized, and/or computer-based
interactive courses, as well as converting existing courses to electronic media. Training
may be conducted on or off site and may be on any number of environmentally related
issues, including fire preparedness training and public fire safety education.
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24455&contentId=l.
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Schedule 899 - Environmental Services
Page 3 of 6
899-4 Waste Management Services:
Operational services, advice, or guidance in support of agencies' Waste Management
Services. Examples include, but are not limited to:
• Data collection, feasibility or risk analysis, RCRA/CERCLA site investigation, hazard
and/or non hazard exposure assessments, waste characterization and source reduction
studies, review and recommendation of waste tracking or handling systems, waste
management plans and/or surveys, waste minimization/pollution prevention indicatives,
review of technologies and processes impacting waste management, furnishing or
inventory of Material Safety Data via CD, Internet, facsimile, mail or other
media; development of emergency response plans.
899-5 Reclamation. Recycling and Disposal Services:
Services include, but are not limited to:
• Establishment and/or operation of waste management and/or recycling systems to
include waste collection, reuse assessments, inventory, destruction, inventory transfer
and/or disposal after compliance with GSA Office of Personal Property Management
requirements outlined in Federal Management Regulations 101-42, 102.36, and 102.37
(as applicable).
Types of waste management and/or recycling systems include, but are not limited to:
• Excess inventory;
• Surplus inventory;
• Management and oversight of HazMat disposal operations;
• Confiscated materials;
• Electronic equipment;
• Batteries;
• Chemicals;
• Solids;
• Biological matter;
• Cathode Ray Tubes (CRTs); and
• Waste Minimization/Pollution Prevention initiatives.
This effort does not include transportation and/or disposal of radioactive waste. No
remediation efforts are associated with this SIN.
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24455&contentId=l.
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Schedule 899 - Environmental Services
Page 4 of 6
Note: In order to qualify to perform services under this SIN, the offeror is required to
provide the following documentation:
• Provide a summary of documentation process used through final disposition of all
materials obtained and/or generated. (Required if offering recycling and/or disposal
services.)
• Provide a summary of methods used for tracking material to final destination. (Required
if offering recycling and/or disposal services.)
• Certify compliance with environmental laws and regulations pertaining to
recycling and/or disposal. (Required if offering recycling only.)
• Provide a summary of firm's data security process (e.g., process used for destruction of
hard drive). (Required if offering recycling only.)
• Provide a summary of warehousing process. (Required if offering recycling only.)
• Provide process flow identifying ownership of all parts involved in electronic recycling
(e.g., transfer of CERCLA liability). (Required if offering recycling only.)
• Identify who the subcontractors are that will be used in recycling and/or disposal process
OR certify that they understand that subcontractors may be required to be identified in
any resultant task order issued by an ordering agency. If subcontractors are identified,
pricing is to be included with the submission of Contractor's offer.
Note: This effort does NOT include handling/disposal and/or transportation of nuclear
waste.
899-6 Environmental Advisory Services:
Services include, but are not limited to:
• Ongoing advice and assistance with data and information support of agency
environmental programs involving areas such as Hazardous Material Spill;
• Material Safety Data Sheets (MSDS);
• Information hotlines;
• Poison control hotlines;
• Environmental Regulations, Biological/Medical Data Sheets and Environmental
Policy/Procedure Updates.
899-7 Geographic Information Services (GIS):
Provide operational services, advice, or guidance in support of agencies' environmental
programs utilizing Geographic Information Services.
Services include but are not limited to:
• Mapping and cartography, natural resource planning, site selection, migration pattern
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24455&contentId=l.
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Schedule 899 - Environmental Services
Page 5 of 6
analysis, pollution analysis, and emergency preparedness planning.
• Provide services to support geologic logs, topographic data, 3D/4D interactive
visualization packages, and data interpretation.
Note: Services of an Architect-Engineering nature as set forth in FAR Part 36 are
specifically excluded.
899-8 Remediation Services:
Services include, but are not limited to:
• Excavation, removal and disposal of hazardous waste;
• Remediation-related laboratory testing;
• Site preparation characterization, field investigation, conservation and closures;
• Wetland restoration;
• Emergency response clean up;
• UST/AST Removal;
• Air monitoring;
• Soil vapor extraction;
• Stabilization/solidification;
• Bio-venting;
• Carbon absorption;
• Reactive walls;
• Containment;
• Monitoring and/or reduction of hazardous waste sites as well as unexploded ordnance
removal.
This effort does not include any remediation/transportation, disposal of radioactive waste,
asbestos removal and/or paint removal, construction and Architect-Engineering services as
set forth in FAR Part 36 (including construction, alteration or repair of buildings, structures, or
other real property) or Disposal "only". Disposal services performed under this SIN must be
ancillary to remediation services performed.
Multiple Award Schedule Desk Reference
The shortcut to this page is
www.gsa.gov/environmentalservices.
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24455&contentId=l... 7/31/2009
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Schedule 874 V - Logistics Worldwide (LOGWORLD)
Page 1 of 2
Back to Original
GS
A
U.S. General Services Administration
Schedule 874 V - Logistics Worldwide (LOGWORLD)
Maureen Duckworth
(253) 931-7514
maureen.duclworth@asa.aov
View Contact Details
Barry D, Nelson
(800) 241-7246
mamt.services@asa.gov
View Contact Details
The Logistics Worldwide (LOGWORLD) Multiple Award
Schedule 874 V, assists federal agencies in procuring
comprehensive logistics solutions. Services include all phases
of planning, acquisition and management of logistics systems,
providing expert advice, assistance, guidance, management, or
operational support services that permit the deployment of
supplies, equipment, materials and associated personnel.
Training is provided in system operations, automated tools for
supply and value chain management, property and inventory
management, distribution and transportation management, and
maintenance of equipment and facilities supporting these
activities. Turnkey or total solutions are available in support of a
logistics functions and minor repair and alteration services,
ancillary to existing SINs under this Schedule, are also
provided.
Variety of Offerings Include:
Schedule 874 V
SIN Number
SIN Name
874 501
Supply & Value Chain Management Services
874 5031
Distribution & Transportation Logistics Services
874 504
Deployment Logistic Services
874 505
Logistics Training Services
874 5062
Support Products
874 5073
Operations & Maintenance Logistics Management and Support Services
874 5974
Ancillary Repair and Alteration
1 Note: Commercial passenger airline services covered by the Airline City Pair Program and
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24460&contentId=9.
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Schedule 874 V - Logistics Worldwide (LOGWORLD)
Page 2 of 2
courier services covered by Schedule 48, Transportation, Delivery and Relocation Solutions
are excluded.
2 Note: Contractors may provide ancillary products used only in direct support of services
provided under Special Items Number (SIN)s 874-501, 874-503, 874-504, 874-505 and 874-
507. Any licensing fee/agreements required for Commercial Off The Shelf (COTS) hardware
and software will be negotiated at the task order level.
3 Note: Refer to Schedule 03FAC, Facilities Maintenance and Hardware, (SINs) 811 002,
Complete Facilities Maintenance 811 003, Complete Facilities Management, for separate SIN
requirements NOT part of a logistics management and support.
4 Note: This SIN EXCLUDES: (1) major or new construction of buildings, roads, parking lots
and other facilities; (2) complex R&A of entire facilities or significant portions of facilities, and
(3) Architect-Engineering Services subject to Public Law 92-582 (Brooks Act).
Information for Vendors
Is a Multiple Award Schedule (MAS) Right For You?
Contractor Teaming Arrangements
Procurement Technical Assistance Centers (PTAC)
{Help with writing proposals and marketing your
services to the government.)
Schedule Input Program (SIP)
How to Prepare a Quality Offer
Both Federal customers and vendors can benefit from the following publication - Multiple
Award Schedule Desk Reference
The shortcut to this page is www.gsa.gov/logworld.
p RATE THIS PAGE
http://www.gsa.gov/Portal/gsa/ep/contentView.do?pf=y&channelId=-24460&contentId=9... 7/31/2009
Information for Federal
Customers
• Basic Schedule Ordering
Guidelines
• BPA Information
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Chapter 5
Access to
Other Response Resources
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Chapter 5. Access to Other Response
Resources
5.1 National Response System Special Forces
Section 300.145 of the NCP identifies several special teams available to assist OSCs
during a response. The following provides a summary of these special teams and the types of
assistance they offer.
5.1.1 National Strike Force (USCG)
The National Strike Force (NSF) provides highly trained, experienced personnel and
specialized equipment to USCG and other Federal agencies to facilitate preparedness and
response to oil and hazardous substance pollution incidents in order to protect public health,
welfare and the environment. The NSF is composed of four units, the National Strike Force
Coordination Center (NSFCC), Atlantic (AST), Gulf (GST), and Pacific (PST) Strike Teams.
These units combined provide a valuable source of technical and managerial expertise to Federal
OSC responding to oil or hazardous materials pollution incidents. The NSF stands ready to
deploy its equipment, personnel and expertise to support the OSC in achieving the most effective
and efficient response possible. OSCs can obtain assistance from throughout the NSF by
contacting their servicing Strike Teams.
The Strike Teams provide rapid response support in incident management, site safety,
contractor performance monitoring, resource documentation, response strategies, hazard
assessment, oil spill dispersant and in-situ burn operational effectiveness monitoring, and high
capacity lightering and offshore skimming capabilities. The Strike Teams also train USCG units
in environmental pollution response, test and evaluate pollution response equipment, and liaise
with response agencies within their areas of responsibility.
The NSFCC provides oversight and strategic direction to the Strike Teams, ensuring
enhanced inter-operability through a program of standardized operating procedures for response,
equipment, training, and qualifications. The NSFCC conducts at least six major government-led
spill response exercises each year under the National Preparedness for Response Exercise
Program; maintains a national logistics network, using the Response Resource Inventory;
implements the USCG Oil Spill Removal Organization program; and administers the National
Maintenance Contract for the USCG thirty million dollar inventory of pre-positioned spill
response equipment.
In addition to coordinating the activities of the three teams, the NSFCC has increased
NSF support activities. These activities include development and oversight of a national
maintenance contract that is essential to the readiness of pre-positioned spill response equipment;
the classification of private sector oil spill removal organizations, the development of a publicly
accessible database listing the available world-wide inventory of spill response equipment; a
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logistics network; becoming a leader in the attainment and use of the Incident Command System
(ICS) and response management theory; and the implementation of a national level preparedness
for response exercise program.
The Public Information Assist Team (PIAT) is an element of the NSFCC staff, which is
available to assist both EPA and USCG OSCs to meet the demands for public information during
a response or exercise. Its use is encouraged any time the OSC requires outside public affairs
support. The PIAT members are trained in journalism, public relations, and photography and
have knowledge of pollution response techniques, equipment, and applicable federal laws. They
are particularly useful for setting up and manning a news office and running press conferences.
They respond with portable computer and communications equipment, along with camera and
video gear, and can set up an information organization to meet OSC's goals at any site, regardless
of its remoteness.
5.1.2 Environmental Response Team (EPA)
The Environmental Response Team (ERT) is a component of the Office of Superfund
Remediation and Technology Innovation (OSRTI), Technology Innovation and Field Services
Division (TIFSD) and maintains 24-hour response capability consisting of support personnel
specializing in all aspects of hazardous substance and oil spill response. ERT personnel can
advise and provide expert support to OSCs regarding:
• . Hazard evaluation;
• Risk assessment;
• . Multi-media sampling and analysis;
• On-site health and safety plans;
• Chemical, biological and radiological support;
• Field and laboratory analytical support;
• . Cleanup techniques and priorities;
• . Water supply decontamination and protection;
• . Application of dispersants;
• . Environmental assessment;
• . Degree of cleanup required;
• . Disposal of contaminated materials; and
• Technical training and exercise support.
In addition, the ERT has developed EPAOSC.net and other computer tools that assists
OSCs in managing site specific and technical information. ERT has also developed RCMS,
DRUMTRACK, and other computer-based applications and offers training on the use of the
software.
OSCs may utilize ERT for technical assistance by contacting them directly at 732-321-
6740. If after-hours support is necessary, the OSC should call the ERT duty officer at (732) 321-
6660 or the National Response Center at (800) 424-8802.
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5.1.3 Scientific Support Coordinators (EPA and NOAA)
Federal On Scene Coordinators may request Scientific Support Coordinators (SSCs) to
assist with responses to releases of hazardous substances, pollutants, or contaminants. The SSC
provides scientific support for the development of regional and local contingency plans.
Generally, the National Oceanic and Atmospheric Administration provides SSCs in coastal and
marine areas, while EPA provides them in inland areas. During a response action, the SSC
serves under the direction of the OSC and is responsible for providing scientific support for
operational decisions and for coordinating on-scene scientific activity. Depending on the nature
of the incident, the SSC can:
• Provide certain specialized expertise;
• Compile information pertinent to assessing the hazards, potential effects of
releases, and to developing response strategies; and
• Work as a liaison to government agencies, universities, community
representatives, and industry.
At the OSC's request, the SSC serves as the principal liaison for scientific information
and attempts to reach a consensus on scientific issues while ensuring that differing opinions are
communicated to the OSC. Further, the SSC will assist the OSC in responding to requests for
assistance from the federal and state agencies regarding scientific studies and environmental
assessments.
5.1.4 Supervisor of Salvage (U.S. Navy)
The U.S. Navy Supervisor of Salvage (SUPSALV) has considerable knowledge and
experience in ship salvage, shipboard damage control, and diving. They have specialized
equipment and trained personnel for salvage-related and open-water situations. SUPSALV
maintains worldwide contracts for a number of activities. The U.S. Navy also has oil spill
equipment that may be made available upon OSC request through a simple interagency funds
transfer.
5.1.5 Radiological Emergency Response Team (EPA)
The Radiological Emergency Response Team (RERT), a designated special response
force under the NCP, is the primary mechanism through which EPA ORIA responds to nuclear
emergencies. RERT capabilities include conducting environmental monitoring, performing
laboratory analyses, and providing advice and guidance on measures to protect the public. When
required, the RERT may also exercise EPA's authority under the Federal Radiological
Emergency Response Plan to coordinate the overall federal response to a nuclear emergency. To
maintain its edge, the RERT works with other federal agencies and state and local governments
to plan and participate in nuclear emergency response exercises. Additionally, RERT personnel
continually update their multi-disciplinary skills and provide training to other organizations
charged with responding to nuclear emergencies.
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5.1.6 Disaster Response Group (USCG)
Disaster Response Groups assist the OSC by providing technical assistance, personnel,
and equipment, including pre-positioned equipment. Each DRG consists of all USCG personnel
and equipment, including marine firefighting equipment, in its district, additional pre-positioned
equipment, and a District Response Advisory Team (DRAT) that is available to provide support
to the OSC in the event that a spill exceeds local response capabilities.
5.1.7 National Pollution Funds Center (USCG)
The National Pollution Funds Center (NPFC) has the responsibility to manage the Oil
Spill Liability Trust Fund (OSLTF). EPA Headquarters maintains an annual umbrella IAG with
the NPFC for routine response to oil spills. At the beginning of each fiscal year, it is very
important to ensure that the umbrella IAG is in place and funding has been provided by HQ to
the Region. When a report of an oil spill is received and the EPA OSC decides that a Federal
presence is necessary, the OSC will call the local USCG District office and obtain a FPN and a
project cost ceiling. This ceiling authorizes the OSC to expend monies from the OSLTF up to
that amount. EPA may then use existing EPA contract mechanisms, a PRFA, and/or USCG
BOAs to obtain support to assist in cleanup efforts. The umbrella IAG is the vehicle by which
the USCG NPFC provides funding to EPA and is essential to the OSC for routine time-critical
response actions. However, since the funding for the umbrella IAGs is appropriated on a yearly
basis, for the more costly and complex oil-related responses, a site-specific IAG with NPFC
should be established.
NPFC has also published a User's Guide to help OSCs through the funding process and
EPA has published guidance specifically for EPA OSCs called, "Guidance for Use of the Oil
Spill Liability Trust Fund," OSWER 9360.8-11, February 1997. This guidance provides
examples of PRFAs, which are essentially emergency IAGs or cooperative agreements that may
be used to obtain support from other Federal, State, or local agencies for oil spill responses.
PRFAs outline a scope of work (including cost documentation procedures and reporting
requirements) and funding ceiling for the support being request from the other agency. (See
Section 4.2.6 of this document for more information on PRFAs.)
5.1.8 National Decontamination Team (EPA)
The National Decontamination Team (NDT) is a component of the Office of Emergency
Management (OEM) which provides scientific support and technical expertise to On-Scene
Coordinators (OSC) for decontamination of buildings, building contents, public infrastructure,
agriculture, and associated environmental media in the event of an incident involving releases of
radiological, biological, or chemical contaminants. Specialized expertise, such as biochemistry,
microbiology and medicine, health physics, toxicology, HVAC engineering, and industrial
hygiene, is available to assist local, national, and international agencies supporting hazardous
substance response and remedial operations, including Nationally Significant Incidents.
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5.2 EPA Resources
5.2.1 EPA Local Governments Reimbursement (LGR) Program
There may be situations when a local or tribal jurisdiction has the technical capability to
conduct an action but lacks the funds to undertake the response. In this case, the local
jurisdiction may choose to request reimbursement for eligible costs from the Federal Superfund
under the LGR program. This program allows local or tribal jurisdictions to be reimbursed up to
$25,000 per incident for costs such as overtime, response contractors, expendable response
equipment, and replacement of damaged equipment. This program cannot be used to reimburse
costs previously budgeted for by the local or tribal jurisdiction. This program was recently
restructured to reduce the reporting/cost documentation burden on local and tribal jurisdictions
and to allow for more timely payment of eligible costs. The restructured program, including all
the necessary forms, was published in the Federal Register on February 18, 1998, and can be
found in 40 CFR Part 310. Recent reimbursements to local and tribal governments have been
made in as little as 30 days. This program is not available to State governments. The EPA LGR
telephone assistance line may be reached at (800) 431-9209.
5.2.2 EPA Laboratories and Offices
Research and Development Facilities
http://www.epa.gov/facilities network/index.html
In recognition of the breadth and complexity of the research challenges posed by
environmental issues, the U.S. Environmental Protection Agency (EPA) is exercising its position
of leadership by fostering a more open business model for conducting environmental research.
With its valuable and highly specialized research facilities located in laboratories and research
centers across the country, EPA has opportunities for states, private sector companies, utilities,
nonprofit organizations, and academic institutions to use EPA's facilities for research. By
making its research facilities and equipment available when not otherwise in use for Agency
research, EPA can serve as a catalyst for progress in efforts to identify, understand, and solve
current and future environmental problems. This Web site highlights a few of EPA's unique
facilities where opportunities for productive research alliances exist. The facilities, when
available for use, may charge fees to cover the costs of equipment maintenance and facility staff
time. Research efforts must be in line with the mission of participating laboratories.
EPA also promotes collaboration through the Federal Technology Transfer Act (FTTA)
program. This program focuses on the development of collaborative research and development
projects between non-federal parties and EPA laboratories, and licenses EPA patented
technologies for further development and commercialization. For more information on this
program, visit the FTTA Web site at www.epa.gov/osp/ftta.htm. For more information on either
using EPA facilities and equipment or on collaborations with the Agency, please contact Sarah
Bauer at 202-564-3267 (bauer.sarah@epa.gov) or Valerie Blank at 202-564-1720
(blank.valerie@epa.gov).
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Biocontaminant Laboratory
www.epa.gov/facilities network/biocontaminant
Characterization and Monitoring Branch's Characterization Test Cell (CTC)
www.epa.gov/facilities network/ctc
Coral Research Facility - Gulf Ecology Division Fact Sheet
www.epa.gov/facilities network coral research
Drinking Water Research Facilities
www.epa.gov/facilities network drinkingwater
Ecosystem and Subsurface Research Facilities
www.epa.gov/facilities network/eco subsurface
Ecotoxicology Exposure Facility
www.epa.gov/facilities network/ecotox exposure
Environmental Chambers
www.epa.gov/facilities network environmcntaldutmhers
Environmental Photographic Interpretation Center
www.epa.gov/facilities network nhotogranhicintcmrctation
Environmental and Thermal Engineering Laboratory (ETEL)
www.epa.gov/facilities network/thermal engineering
Facilities for Air Pollution Studies
www.epa.gov/facilities network/air pollution
Full Containment Facility
www.epa.gov/facilities network/containment
Human Studies Facility
www.epa.gov/facilities network humanstudics
Marine Laboratories
www.epa.gov/facilities network marinclabs
Meteorological Wind Tunnel
www.epa.gov/facilities network w indtunncl
Mobile Source Research Facility
www.epa.gov/facilities network/mobilesource
Multipollutant Control Research Facility
www.epa.gov/facilities network nni 1 ti nol hitam
Research Vessel Lake Explorer
www.epa.gov/facilities network lakccxnlorcr
State-of-the-Art Analytical Laboratories
www.epa.gov/facilities network analytical labs
Supercomputer for Model Uncertainty and Sensitivity Evaluation (SuperMUSE)
www.epa.gov/facilities network/supermuse
Terrestrial Ecophysiological Research Area (TERA) Facility
www.epa.gov/facilities network tera
Test and Evaluation Facility
www.epa.gov/facilities network testevaluation
Urban Watershed Research Facility
www.epa.gov/facilities network watershed
Wet Laboratories
www.epa.gov/facilities network/wetlabs
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Radiological Support
Access to EPA's Radiological Emergency Response Team (RERT) may be obtained 24-
hours a day from the National Response Center, (800) 424-8802.
Office of Radiation and Indoor Air
Radiation and Indoor Environments National Laboratory (R&IE)
Las Vegas, NV (Specializing primarily in Field Support)
Services include phone consultation, on-site consultation, Scanner Van, in-situ gamma
detection systems, mobile laboratories, instrument calibration advice and services, field
methodologies, data explanation, assistance in monitoring radiation and laboratory
contractors, emergency response, and Multi-Agency Radiation Survey and Site
Investigation Manual (MARSSIM, developed by EPA, DOE, Nuclear Regulatory
Commission, and DoD).
Fact Sheets on R&IE National Lab's Mobile Environmental Radiation Laboratory,
Mobile Command Post, tractor and power systems, and Mobile Sample Preparation
Laboratory may be obtained through the points of contact listed in the Important Contacts
section at the front of this Guide.
National Air and Radiation Environmental Laboratory (NAREL)
Montgomery, AL (Specializing primarily in Laboratory Support)
NAREL is a Superfund Technical Support Center (TSC) Services include phone
consultation, on-site consultation, radiation analytical laboratory support, mixed waste analytical
laboratory support, laboratory verification analyses, spiked samples, in-situ gamma detection
systems, mobile laboratories, analytical laboratory methodologies, data explanation, assistance in
monitoring radiation and laboratory contractors, emergency response, and Multi-Agency
Radiation Laboratory Analytical Protocols (MARLAP, developed by EPA, DOE, Nuclear
Regulatory Commission, and DoD).
Radiation Protection Division (RPD)
ORIA-HQ, Washington, D.C. (Specializing Primarily in Guidance Documents and Dose
and Risk Calculations)
Services include dose and risk calculations particular to Superfund applications, risk
modeling, technology assessment, technology transfer, guidance documents for site
cleanup, remediation, reuse, recycling, and waste management
5.2.3 Other EPA Acquisition Resources
The Office of Acquisition Management (OAM), Superfund/RCRA Regional Procurement
Operations Division's (SRRPODs) Emergency Response Service Center (ERSC) has established
several acquisition vehicles to further expand response capabilities and support the Agency's
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emergency response and removal programs. These contracts and other acquisition resources are
available for use by the regions and intended to supplement the Agency's primary response
contracts, START and ERRS. The following provides a brief description of other contracting
resources available for use.
Contracts
Airborne Spectral Photo-Imaging of Environmental Contaminants Technology
(ASPECT) Contracts
National Decontamination Team (NDT) currently operates a remote sensing, standoff
contaminant detection system under the name of Airborne Spectral Photometric Environmental
Collection Technology (ASPECT). This project has the primary mission of remote detection and
mapping of radiological releases and chemical vapors, plumes, and clouds. EPA has developed
this technology to provide On-Scene Coordinators, first responders and other emergency
personnel with detailed plume hazard information at the scene of chemical/radiological substance
releases. At present, the ASPECT system is the nation's only continuously ready, operational
remote sensing system capable of responding to emergencies.
The contract supporting the ASPECT project provides services to operate the system and
process data for contaminant identification, dispersal mapping and transmittal in support of any
Federal, State and local government personnel responsible for assessing and mitigating releases.
The components of the remote sensing package consist of a high-speed infrared spectrometer, an
infrared line scanner and a gamma-ray spectrometer including their electronic control systems.
Geo-spacial locating equipment, computers and communication equipment are integrated with
the data streams from these sensors for the purpose of processing data into usable formats and
rapidly transmitting it to the ground. For additional information regarding this contract, please
contact the Office of Acquisition Management's (OAMs) Emergency Response Service Center.
Decontamination Analytical and Technical Services (DATS) Contract
The Decontamination Analytical and Technical Services (DATS) Contract supports the
United States Environmental Protection Agency's (USEPA) National Decontamination Team
(NDT). The contract provides support in the following areas: technical information services,
preparedness and response services, and safety and quality assurance. The contract provides
scientific and operational support to NDT including technical issues surrounding the sampling
and analyses associated with subsequent decontamination and disposal of buildings, building
contents (including evidence), public infrastructure (including waste/drinking water plants,
chemical plants, power plants, subways, etc.), indoor environments, agriculture, and the
associated environmental media (air, soil and water) in the aftermath of a Weapons of Mass
Destruction (WMD) event or other catastrophic incidents of national significance. The scope of
services provided under this contract includes: terrorist events; pre-deploying for special security
events; delivering of scientific, engineering, and health and safety field support for
decontamination activities at terrorist events or other large scale natural or man-made disaster
events; assist in designing and managing mission-driven research and development targeted to
enhance the capability to provide Chemical Biological Radiological Nuclear Explosive (CBRNE)
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agent detection, decontamination response and disposal support services at terrorist events;
disseminating new capabilities; enhancing planning and preparedness activities for terrorist
events. For additional information regarding this contract, please contact the Office of
Acquisition Management's (OAMs) Emergency Response Service Center.
Environmental Response Training Program (ERTP) Contract
The Environmental Response Training Program (ERTP) contract is designed to train
personnel from federal, state, and local government agencies in techniques and methods for
preventing and mitigating chemical releases while protecting the health and safety of response
personnel and the public. As part of EPA's comprehensive mandate for protecting the public and
the environment from chemical incidents resulting from transportation accidents, releases from
industrial operations, deliberate releases and hazards associated with the investigations and
cleanup of contaminated sites, this training program was developed to provide courses in safety
and technical operations related to hazard identification, evaluation, control and
decontamination. For additional information regarding course offerings, please contact the
Office of Acquisition Management's (OAMs) Emergency Response Service Center or the
Environmental Response Team.
Scientific, Engineering, Response, & Analytical Services (SERAS) Contract
(formerly known as RE AC)
The Scientific, Engineering, Response and Analytical Services Contract (SERAS)
(formerly known as the Response, Engineering, Analytical Contract (REAC)) functions in
support of the USEPA's Environmental Response Team Center (ERTC) located in Edison, NJ.,
Cincinnati, OH., and Las Vegas, NV. SERAS utilizes government-owned equipment and
facilities in Edison and Las Vegas to provide technical support to the ERTC in conducting
Agency missions.
The SERAS contract provides technical, analytical and information technology support to
ERTC in its development and oversight of clean up activities and evaluation of specific sites.
Technical services supported under this contract include: analytical laboratory,
biological/ecological studies, engineering/remediation studies (treatability/feasibility
investigations, technology evaluations, process reviews, and plant inspections), multimedia
studies (hydro geological investigations, soil gas surveys, risk assessments, field analytical
surveys), health and safety activities, quality assurance programs, information technology
programs and other technical support services associated with the implementation of those listed
above. For additional information regarding this contract, please contact the Office of
Acquisition Management's (OAMs) Emergency Response Service Center.
Blanket Purchase Agreements (BPAs)
Several non-contractual vehicles known as Blanket Purchase Agreements (BPA) have
been established to support the Agency's emergency response and removal program. These
BPAs are available for use by all warranted Contracting Officers and warranted On-Scene
Coordinators within the limits of their warrant authority. Each BPA has a five year period of
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performance and either a $5 million or $5.5 million dollar cumulative ordering ceiling. All BP A
files are located at Headquarters in OAMs Superfund/RCRA Regional Procurement Operations
Division (SRRPOD).
Emergency Response (ER) Equipment BPAs
The Emergency Response (ER) Equipment BPAs were established as a result of lessons-
learned during responses to actual incidents. These BPAs are intended to expedite the
acquisition process and provide for quick access to certain pieces of equipment critical to support
the Agency's response efforts. The equipment under each BPA is consistent with industry
standards for ER equipment and provides for uniformity across the EPA regions.
As shown in the table below, there are currently 11 categories of ER Equipment BPAs.
There are generally multiple vendors under each category that provide a variety to equipment
related to the category. The Emergency Response Technical Group (ERTG) is the group of
technical experts responsible for coordinating amongst the regions and updating the ER
equipment lists used to establish the BPAs. Each Region has one or two ERTG reps.They meet
routinely to discuss various issues related to the Agency's ER equipment and have a process in
place to determine the equipment needed to further enhance the support capabilities of EPAs ER
programs. The BPAs and additional information related to their use can be accessed at the
following Web page: http://www.epa.gov/oamsrpod/ersc/bpa/index.htm.
ER Equipment Categories
Category 1
ER Rcspondcr Health and Safety (PPE)
Category 2
ER Ha/mat
Category 3
ER Chemieal Agent
Category 5
ER RAD Response
Category 6
ER Air Sampling and Meteorological - Conventional Air Sampling Capability
Category 7
ER Air Sampling and Meteorological
Category 8
ER Advanced Sampling
Category 9
Specialized CT
Category 10
Field Communications
Category 12
Readv Reserve
Category 13
Specialized Equipment
National Logistics Support Services BPAs
The general scope of the National Logistic Support Services BPAs is related to providing
and coordinating critical logistics support services that address EPA's high-priority logistical
needs during response actions. The BPAs provide support for EPA personnel ONLY and
vendors are subject to various response times as specified in the Agreement. Generally the BPA
provides for logistical support in the following areas within 24 hours of initial notification (if that
service is provided by the vendor): Lodging, Janitorial services, Hygiene facilities (include hand
washing stations), HVAC, Assembly/meeting space, Work space, Food services, Advance first
aid kit, Fuel, Utilities, Security services, Hydrating liquids, Ice. National Logistics Support
Services vendors are only required to support one or more logistics support task areas. The scope
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of services and the regions supported under each BPA may differ. Additional information related
the National Logistics BP As and guidance for their use is available at the following webpage:
http://www.epa.gov/oamsrpod/ersc/BPA NLSS/index.htm.
Expanding the Industry Base (ETIB) BPAs
The Expanding the Industry Base (ETIB) BPAs were established to provide emergency
back-up or surge capacity to the Environmental Protection Agency (EPA) in the event a single or
simultaneous incidents of national significance substantially deplete the primary resources
available through the Agency's existing emergency response contracts START and ERRS.
These BPAs are considered a contingency tool and is an alternative vehicle to obtain technical
expertise beyond that of our current ER contractors.
The ETIB BPAs have fixed hourly rates established for the following types of expertise:
Accountants, Archaeologists, Architectural Engineers, Air Modelers, Asbestos Health Experts,
Biostatisticians, Certified Industrial Hygienist, Data Quality Assurance, GIS Mapping Experts,
Geologists, Hydro-Geologists, Inorganic Chemists, Nuclear Waste Experts, Public Health
Specialists, etc. Additional information related the ETIB BPAs and guidance for their use is
available at the following Web page: http://www.epa.gov/oamsrpod/ersc/Industrv/index.htm.
5.3 Other Federal Resources
5.3.1 U.S. Coast Guard (USCG)
The USCG may provide considerable support to EPA OSCs, especially through the three
Strike Teams (see Section 5.1.1 above). The USCG also has a number of facilities around the
country that could be used for command posts and can provide air support for reconnaissance or
response. The USCG also maintains Marine Safety Center Salvage Teams. These teams can
assist the OSC in conducting technical analyses and making safety assessment recommendations
for marine casualty and salvage operations.
Marine Safety Laboratory
The USCG Marine Safety Laboratory (MSL) in Groton, Connecticut, was formerly
named the Central Oil Identification Laboratory (COIL). MSL may provide an assessment of the
conclusions in the oil fingerprinting reports submitted by laboratories. MSL has been able to
scientifically dispute PRP claims that they were not the source of the oil pollution. MSL has
highly qualified chemists that specialize in the multi-method approach to "fingerprinting" oils.
The MSL may be reached by calling the number listed on the Important Points of Contact, which
can be found at the beginning of this Guide.
National Response Center (NRC)
NRC is the single Federal point of contact for pollution incident reporting. After the
NRC receives a report of an incident, it is passed to the appropriate EPA or USCG office. The
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NRC can also provide OSCs with communications support such as arranging for conference calls
and contacting representatives from other Federal agencies and key EPA Headquarters personnel,
especially after hours. The NRC can be reached 24 hours a day at (800) 424-8802.
5.3.2 Department of Defense
US Army Corps of Engineers (The Corps)
The Corps can provide a variety of technical expertise in engineering design as well as
cost estimating and construction management. These services can usually be provided through
IAGs with local district offices. EPA's Remedial Program often uses the Corps for these types of
services. The Corps also can provide specialty services, including extensive ground water
modeling capability, for more time critical needs. The Corps services require a fee that is
generally based on the total cost of the job. The following summarizes one of the Corps'
programs.
Rapid Response Program. The Corps has a program very similar to EPA's Emergency
Response Program that may be used to augment EPA resources when necessary. The Corps of
Engineers Rapid Response (RR) Program is available to offer removal and remedial action
solutions in a cost effective and time sensitive manner. The technical expertise, contracting
capability, and site management expertise of the RR team has proven to be an effective
augmentation of EPA OSC's already established capabilities on numerous removal sites
throughout the country.
The Corps RR Program was established to provide all Federal agencies time-critical and
long-term cleanup expertise, both nationally and internationally. Teams can be on site in 3 to 40
days and can provide a cost-reimbursement contractor, daily cost tracking and reporting,
design/build capabilities, and full government oversight throughout the project. The RR Program
has been in existence since 1989 and currently has 24 dedicated, trained and experienced staff
members. Staff members also have access to a complete technical staff, including numerous
design engineers and environmental scientists.
The Corps RR Program can assist with a number of different types of projects. The
following list summarizes some of the typical work that is done within the Program:
• Drum Characterization/ Bulking/ Disposal
• PCB Removals
• On-Site Low Temperature Thermal Desorption of VOC's
• Fast Track Landfill Construction, Capping, and Slope Stabilization
• Passive and Active Contaminated Ground Water/Product Recovery
• Low Level Radioactive Waste/Soil Removal and Disposal
• Onsite Stabilization of Contaminated Soils
• Unexploded Ordnance Remediation, Chemical Warfare Material Remediation
• In-situ Remediation Systems (i.e., reactive barrier systems, soil vapor extraction,
etc.)
• Relocation and Real Estate Assistance
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The following are some examples of where the Corps RR Program has assisted EPA
OSCs.
• Region 4, Methyl Parathion Business Decontamination and Restoration,
Pascagoula, MS (FY97)
• Region 5, Methyl Parathion Residential Restoration, Chicago, IL, (FY 97, 98)
• Regions 4, 5, and 6, Residential Relocation Services
• Region 6, Residential Asbestos Abatement/Replacement in Kind, West Bank
Asbestos Site, New Orleans, LA (FY 97, 98)
• Region 8, Coal Tar Removal Action from Little Sioux River at Fawick Park,
Sioux Falls, SD (FY 97, 98)
Low Level Radioactive Waste Disposal Agency
The Department of Defense also maintains a standing contract for the disposal of low-
level radioactive waste. In 1996, DoD created the Low Level Radioactive Waste Disposal
(LLRWD) Agency to deal with wastes from all the military programs. EPA has used this agency
a number of times, especially in Regions 5 and 8 to assist with disposal of low level radioactive
wastes. The LLRWD Agency has administrative and technical support fee schedules based on
the level of effort involved in a project and can quickly (less than 30 days) negotiate an IAG with
EPA for services.
DoD's LLRWD Agency can provide a complete range of services either through in-house
resources or through a wide range of contractors and contracting options. Services include, but
are not limited to:
• Characterization & Verification - sampling, monitoring, surveying
• Decontamination & Decommission - buildings, equipment, underground
excavations, soil
• Risk Assessments
• Transportation - inspections, packaging, labeling, manifesting, shipping
• Waste Treatment - mixed waste, stabilization, incineration, encapsulation
• Processing and Disposal
• Training
DoD's LLRWD Agency has two standing BOAs with major disposal facilities. These
are:
• EnergySolutions for mixed waste treatment and disposal for qualifying waste from
anywhere in the country; and
• U.S. Ecology for low-level radioactive waste from Northwest and Rocky
Mountain Compact States (Colorado, Nevada, New Mexico, Alaska, Hawaii,
Idaho, Montana, Oregon, Utah, Washington and Wyoming) and approved
NORM/NARM material from anywhere within the United States.
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DoD's LLRWD Agency also has contracts with two regional consolidation facilities
which can provide low-level radioactive waste treatment, processing and storage services and a
contract for the recycling of tritium compasses. All of these contracts contain an emergency
response clause for rapid response. They also have access to a variety of 8(a) contractors and a
Qualified Bidders List.
DoD's LLRWD Agency maintains a web site where additional information may be
obtained. The address is at http://www-ioc.armv.mil/dm/DMWWEB/indexdmw.htm.
U.S. Army Technical Escort Unit (TEU)
This special unit under the DoD provides worldwide escort, neutralization, disposal and
emergency response to chemical and biological munitions, and other hazardous materials. The
TEU maintains a 24 hour a day on-call emergency response capability to respond to a
chemical/biological incident with personnel trained in chemical, biological and explosive
ordinance disposal, reconnaissance, recovery, sampling, mitigation, decontamination,
transportation, and perform or recommend final disposition of weaponized and non-weaponized
chemical and biological materials and hazards encountered.
The TEU provides emergency response from Aberdeen Proving Grounds, Formerly
Utilized Defense Sites, and other environmental cleanup services where chemical warfare
materials were tested. The TEU can be accessed through the DoD Director of Military Support
(DOMS), which can be found on the Important Points of Contact reference guide that
accompanies this Toolbox Guide.
5.3.3 Department of Energy
DOE provides advice and assistance for releases from DOE property (including vessels
and facilities). In addition, under the Federal Radiological Emergency Response Plan (FRERP),
DOE provides their own OSCs to initiate responses to radiological releases under certain
conditions (refer to the FRERP) and also provides advice and assistance to other responding
entities for the control of immediate radiological hazards.
5.3.4 Department of Commerce/National Oceanic and Atmospheric
Administration (NOAA)
NOAA may provide specialized expertise in variety of scientific areas. NOAA provides
the Scientific Support Coordinator (SSC) for the USCG (see Section 5.1.3 above) and can
provide expertise in spill trajectory modeling; nature, behavior, and fate of oil or hazardous
substances under various environmental conditions; identification of areas of special biological
importance; assistance in public relations efforts on scientific issues; advice on environmental
toxicity and safety precautions for response personnel; liaison with Natural Resource Trustees on
Endangered Species Act and other Trustee issues; and recommendations for cleaning and
treatment methods for contaminated birds and wildlife. Regional contacts may be obtained by
calling the NOAA number listed in the Important Points of Contact included in this Guide.
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NOAA also has considerable weather forecasting capabilities and has been used by EPA
Region 4 on the LCP time-critical removal site for ecological monitoring and impact evaluation.
NOAA can also furnish maps and charts, including tide and circulation information for territorial
waters.
5.3.5 Department of Agriculture/U.S. Forest Service
The U.S. Forest Service has access to a considerable cache of communications equipment
through the Boise, Idaho, National Interagency Fire Training Center (NIFTC). Communications
needs for wildland fires are given priorities in the use of this equipment. Contact names and
telephone numbers for accessing these resources may be found in the Important Point of Contact
reference guide that accompanies this Toolbox Guide.
5.3.6 Department of Interior
Bureau of Reclamation (Bu/Rec)
Many hazardous waste sites are located in watershed areas where contamination is
reaching both surface and ground water. With many years of experience in water resource
management, BuRec may be able to provide uniquely qualified professional cleanup support.
Staff are specially trained in all facets of the water and soils sciences, qualified to perform
research, investigation, and characterization studies; design engineering; and construction
oversight for removal/remediation of hazardous waste sites. Another advantage of BuRec is that
they might have an office located near a remote site. Using BuRec in these types of cases may
result in significant cost efficiencies.
Although primarily serving the western states, BuRec resources may be used in other
areas as well. BuRec Contacts for the major regions may be found in the Important Contacts
reference guide that accompanies this Toolbox Guide.
On-staff professionals include:
• Civil, geotechnical, mechanical, and hydrologic engineers
• Ecologists, biologists, geologists, soil scientists, and landscape architects
• Drillers and engineering technicians trained in collecting water and soil samples
• HNU, X-ray Fluorescence (XRF) spectrometry technicians
• Economists
• GIS, AutoCad, and computer specialists
• Contract specialists
• Realty specialists
• Surveyors/GIS technicians
• Machinists and heavy equipment operators
• Technical writers
• Public involvement/relations specialists
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Services provided may include:
• Initial site characterization and assessment/recommended plan of action
• Identification of contaminant transport pathways and contaminant modeling
• Drilling and ground water exploration
• Ground water mapping and modeling
• Water and soil sampling plans and programs
• Field analysis of contaminated substances
• Specialized equipment to support sampling and analysis programs
• Public involvement activities throughout the process
• Technical reports including Engineering Evaluation/Cost Analysis and feasibility
studies
• Technical research, exploration and testing of new technologies, and cost/benefit
analysis of design and construction alternatives
• Surveying
• Engineering designs for removal and remediation and construction oversight and
management
Examples of projects conducted:
• Wastewater treatment
• Geosynthetic and natural material liners and caps for repositories
• Sharon Steel Superfund Site, Utah, design and construction oversight (largest
geosynthetic cap in the United States)
• Residential remediation
• Mine remediation
• Restoration of areas contaminated with hydrocarbons, battery acids, and other
chemicals
Fish and Wildlife Service (FWS)
FWS has scientists trained in evaluating the potential effects of contamination on fish and
wildlife. These scientists could potentially assist EPA OSCs in evaluating the ecological risks
posed by contamination from a hazardous waste site. FWS also has expertise and experience in
assessing the geographical locations of sensitive habits and endangered species. They may be
called upon to provide assistance in situations involving an oil or chemical spill to ensure that
critical habitats and resources are protected. FWS also has experience and equipment that may
be used for the "hazing" (scaring away) of wildlife from a spill area.
5.3.7 Department of Health and Human Services/Public Health Service
The Public Health Service may provide assistance on human health threat assessment and
analysis, and exposure prevention and mitigation through the Agency for Toxics Substances and
Disease Registry (ATSDR) and the Centers for Disease Control and Prevention (CDCP). Both
ATSDR and CDCP have 24-hour emergency response capabilities wherein scientific and
technical personnel are available to provide immediate support to the OSC. ATSDR's 24-hour
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medical professional may be reached at (800) 447-1544. Assistance from ATSDR may be
obtained by simple funds transfers between agencies and does not usually require a formal IAG.
A site-specific IAG may be necessary for large-scale, long-term, epidemiological studies.
ATSDR's service should be used for CERCLA sites; while CDC must be used for oil sites.
5.3.8 General Services Administration (GSA)
GSA may be used to obtain office space, furniture, vehicles, or other equipment. They
also have a trained contract staff that could assist EPA with site specific contracting for
administrative goods and services. In some Regions, GSA has BOAs with vendors for services
such as pick-up and disposal of household hazardous waste. As with any assistance from a
Federal agency, use of a GSA BOA or GSA contracting services would require an IAG prior to
initiating the work.
5.3.9 Federal Emergency Management Agency (FEMA)
FEMA has a considerable inventory of equipment that may be useful to EPA for
responses to oil and hazardous substances. FEMA can bring in mobile communications
equipment and set up large telephone networks, video conferencing, and major television
network feeds. They also have two way radios with repeaters to enable long distance
communications at the incident site. Through the American Red Cross, FEMA can also assist
with providing temporary shelter, food, and water to displaced citizens and first responders.
5.3.10 Nuclear Regulatory Commission
The Nuclear Regulatory Commission responds to releases of radioactive materials by its
licensees and provides advice and assistance to the OSC when required to identify the source and
character of other hazardous substance releases where the Commission is involved. The
Commission has a key role in maintaining and implementing the FRERP and can provide
technical and other assistance to support responses to radiological releases.
5.3.11 Federal Bureau of Investigation
When appropriate, an OSC may have a need for FBI assistance. Whenever an OSC
suspects the threat of a terrorist act or an actual terrorist act has been committed, he/she should
immediately notify the FBI. Any terrorist act is considered to be a criminal act by the FBI that
will require appropriate action. In requesting FBI assistance, the following two options are
available to the OSC: (1) notification of the National Response Center via 1(800)424-8802, or
notification of the WMD (Weapons of Mass Destruction) Coordinator at the nearest FBI Field
Office.
The National Response Center has a standing agreement with the FBI under which it will
communicate the request for assistance to the Duty Officer in the Strategic Intelligence
Operations Center at FBI Headquarters for action. The FBI, in turn, will evaluate the request for
assistance and respond with its own resources.
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Appendix 5-A
IAG Memorandum
IAG Form
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ISSSi
Example IAG Memorandum
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 W. Jackson
Chicago, IL 60604
DATE:
SUBJECT: Incident-Specific IAG Between USCG and U.S. EPA
for the South Central Terminal Site
Oil Pollution Act Removal Action
(Site ID # B5D5; CERCLIS ID # ILD 084309210)
FROM: William E. Muno
Director, Superfund Division
TO: Francis X. Lyons
Regional Administrator
I. PURPOSE
The purpose of this Memorandum is to request your signature on the attached Interagency
Agreement (IAG). This IAG will enable the United States Environmental Protection Agency
(U.S. EPA) to enter into an agreement with the United States Coast Guard (USCG). This
agreement will obligate no more than $ 747,600 for reimbursable incident specific oil spill
removal expenditures. This money will be used for emergency actions, oversight, and cleanup
contractor costs.
The Federal Project Number (FPN) for the site is FPN# N99269. The reimbursable account
number is HR/05F0XAX/50203D/Z5AX; the recoverable account number is H/05F00AX/
50203D/Z5AX.
II. BACKGROUND
The South Central Terminal (SCT) Site in Pana, Christian County, Illinois, occupies 93 acres of
land adjacent to wetlands and an unnamed tributary to Coal, Opossum and Becks Creeks. These
Creeks flow into the Kaskaskia River, passing through Carlyle Lake and the Kaskaskia State Fish
and Wildlife Area. The Kaskaskia River ultimately enters the Mississippi River at Chester,
Illinois.
The SCT Site is an inactive petroleum refinery formerly owned by the South Central Terminal
Company. In October 1997, the State of Illinois and South Central Terminal entered into a
Partial Consent Order to cleanup the site. In April 1998, Mr. Larry Edwards purchased the
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property from the South Central Terminal Company, and under the terms of the Consent Order,
accepted the responsibility of complying with the Order. Weekly inspections conducted by
representatives of the Illinois Environmental Protection Agency (IEPA) found numerous water,
land, and air pollution violations at the SCT site. Petroleum wastes continued to be discharged
from leaking tanks and secondary containment structures into the tributary leading to Coal and
Opossum Creeks. On December 21, 1998, the State of Illinois found Mr. Edwards in violation of
the 1997 Consent Order and entered into an Agreed Preliminary Injunction that required Edwards
to ensure the integrity of the storage structures, and to undertake actions to cleanup the
improperly stored and disposed of wastes at the site. All tasks were to have been completed
within 60 days of entry of the Agreed Order. In March 1999, the State of Illinois subsequently
found Edwards in contempt of the Agreed Order, but noted that financial hardship prevented him
from compliance with the Order. On June 23, 1999, the Director of the Illinois Environmental
Protection signed a Seal Order pursuant to Section 34(b) of the Illinois Environmental Protection
Act, barring Mr. Edwards and the general public from entering the site until all threats posed to
public health and the environment by oil and hazardous substances are removed from the facility.
On May 16, 1999, The U.S. EPA ERB was contacted by the IEPA and requested to investigate a
release of oil and hazardous substances from the SCT site. The IEPA indicated that there were
numerous tanks, secondary containment structures, and refining equipment containing oil which
had released to the unnamed tributaries leading to Coal and Opossum Creeks. The IEPA stated
that the most pressing concern at the site was the release and threat of a continued release to
surface water adjacent to the site.
Between July 12-16, 1999, the U.S. EPA conducted a Site Assessment of the SCT facility to
document threats to public health or welfare or the environment posed by the presence of oil and
hazardous substances. The Site Assessment evaluated these threats pursuant to the authorities of
the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and
the FWPCA, as amended by the OP A. During the course of the assessment several AST's were
observed leaking and in various stages of deterioration. Oil contained in pit sumps, surface
impoundments, drums, and oil stained soil were also observed. There was also evidence of
previous oil discharges into the unnamed tributary leading to Coal and Opossum Creeks from the
western surface impoundment.
Samples were collected from the ASTs, oil impacted soil, and surface impoundments. All ASTs
were evaluated for condition and an estimated volume of residual product in each tank. Samples
were analyzed for volatile and semi-volatile organic compounds (VOCs/SVOCs), total petroleum
hydrocarbons (TPH), priority pollutant metals, polychlorinated hydrocarbons (PCBs), and British
thermal unit values (Btu). Analytical results have revealed that, while a number of ASTs contain
CERCLA hazardous substances, a large number of the ASTs, pits, surface impoundments, and
secondary containment structures were found to contain oil as defined under Section 311 of the
FWPCA
The U.S. EPA intends to mitigate the release and threat of release of oil and hazardous
substances to waters of the United States under Section 311 of the Federal Water Pollution
Control Act (FWPCA) and the Oil Pollution Act (OP A) of 1990. The purpose of this action is to
prevent and eliminate further discharges to Coal and Opossum Creeks leading to the Kaskaskia
and Mississippi Rivers. The Oil Spill Liability Trust Fund (OSLTF) will be accessed for U.S.
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EPA administrative and oversight costs and cleanup contractor costs. Response activities at the
site are to include: the recovery of oil and oil sludge from tanks, surface impoundments, oil/water
separators, secondary containment structures, and pit sumps; and, off-site disposal of all
characterized wastes identified and generated during removal activities. The U.S. EPA and
Superfund Technical Assistance and Response Team (START) contractor will provide
monitoring and oversight of cleanup contractor removal activities.
A formal access agreement was completed between U.S. EPA and the current property owner,
however; continued access to perform oil spill response activities will be authorized by IEPA as
required under the Seal Order. Mr. Edwards has declined to conduct a removal at the SCT site.
COSTS
U.S. EPA requests that the USCG obligate a total of $ 747,600 to the U.S. EPA for reimbursable
incident specific oil spill removal expenditures to be made during removal activities pursuant to
Section 311 of the FWPCA as amended by the Oil Pollution Act of 1990 in accordance with the
National Contingency Plan (NCP).
U.S. EPA requests that USCG obligate $ 660,000 to cover Cleanup Contractor costs during the
removal. This cost includes contractor personnel and direct costs.
U.S. EPA requests that USCG obligate $ 60,000 to cover START contractor oversight costs
during the removal. The total includes 1200 hours at a rate of $50 per hour and 120 days of
lodging and per diem at a rate of $80 per day. These costs will cover the expenses of one
START contract person.
U.S. EPA also requests that USCG obligate $ 78,000 to U.S. EPA for reimbursable incident
specific oil spill removal expenditures which will be incurred during the removal. This total
includes direct costs associated with 1200 hours and 120 nights of lodging and per diem for a
U.S. EPA Region 5 OSC at a cost of $80 per day (Attachment 1).
These activities will be pursuant to Section 311 of the FWPCA as amended by OP A, Public Act
101-380, and in accordance with the Sections 300.305 and 300.310 of the NCP. The National
Pollution Fund Center (NPFC) will confirm all reimbursements following receipt and review of
U.S. EPA documentation for each activity. This money will be used for emergency actions and
cleanup oversight.
Attachments:
1 - Detailed Cost Analysis
2 - Cleanup Contractor Costs
3 - Contractor Scope of Work
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ATTACHMENT 1
DETAILED COST ANALYSIS
PROJECT CEILING REQUEST
South Central Terminal Site
Pana, Illinois
I. Extramural Costs
Cleanup Contractor $ 600,000
Technical Support Contractor 60.000
Total Extramural 660,000
II. Intramural Costs
U.S. EPA Reimbursable Labor Costs $ 78,000
Travel 9.600
Total Intramural 87,600
TOTAL ESTIMATED PROJECT CEILING $ 747,600
Assumptions
• An U.S. EPA OSC and START team member will be on-site during the OPA removal
action
• The OPA phase of the project will be limited to stabilization, transportation and disposal
of material contained in tanks and drums.
• The OPA phase of the project will require 120 on-site working days @ 10 hours/day.
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ATTACHMENT 2
CLEANUP CONTRACTOR COSTS
SOUTH CENTRAL TERMINAL SITE
Pana, Illinois
CONTRACTOR PERSONNEL $ 228,000
CONTRACTOR TRAVEL 9,000
CONTRACTOR EQUIPMENT 44,400
MATERIALS/OTHER DIRECT COSTS 198,000
SAMPLING/ANALYTICAL 600
TRANSPORTATION 36,000
DISPOSAL 84.000
TOTAL CONTRACTOR COST $ 600,000
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ATTACHMENT 3
CONTRACTOR SCOPE OF WORK
SOUTH CENTRAL TERMINAL SITE
Pana, Illinois
The Contractor shall, at the discretion of the OSC:
¦ Develop and implement a site specific work plan including a proposed time line of
activities;
¦ Develop and implement a site-specific health and safety plan;
¦ Provide site security measures if necessary, which may include, but not limited to,
security guard service; repair, replacement, or installation of chain-link fencing; and,
window board-up services;
¦ Establish support and decontamination facilities;
¦ Remove all oil from tanks, ponds, secondary containment structures, sumps, and lagoons.
Perform oil/water separation and treatment as necessary;
¦ Remove and stabilize all sludge from oil recovery activities, as well as heavy
hydrocarbon impacted soil; and
¦ Transport and dispose of all oil/sludge and impacted soil wastes at a RCRA-approved
disposal facility in accordance with the U.S. EPA Off-Site Rule, 40 CFR § 300.440.
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IAG Form
United States Environmental Protection Agency
1. EPA IAG Identification Number
4. Funding Location by
Washington, DC 20460
RW
Region
Interagency Agreement/
Amendment
Part I - General Information
5
2. Other Agency IAG ID Number (if known)
5. Program Office
Abbreviation
3. Type of Action
New
SE-5J
6. Name and Address of EPA Organization
7. Name and Address of Other Agency
U. S. EPA, REGION V
U.S. DEPARTMENT OF TRANSPORTATION
EMERGENCY RESPONSE BRANCH
U.S. COAST GUARD, NPFC (cf-1)
77 WEST JACKSON BLVD.
4200 WILSON BLVD., SUITE 1000
CHICAGO, IL 60604
ARLINGTON, VA 22203-1804
8. Project Title
Funding of Incident Specific Oil Pollution Act Removal Activities for FPN- at the South Central Terminal Site, Pana,
Illinois
9. EPA Project Officer (Name, Address, Telephone Number)
10. Other Agency Project Officer (Name, Address, Telephone Number)
Gail Nabasny - SE-5J
Dan Allman, USCG
US EPA REGION V PROJECT OFFICER
US COAST GUARD, NPFC (cf-1)
77 WEST JACKSON BLVD.
4200 WILSON BLVD., SUITE 1000
CHICAGO, IL 60604
ARLINGTON, VA 22203
(312) 353-1056
(202) 493-6802
11. Project Period
12. Budget Period
08/25/99 TO 08/31/01
08/25/99 TO 08/25/01
13. Scope of Work (Attach additional sheets, as needed)
This IAG obligates no more than $ 660,000 to the Environmental Protection Agency (EPA) for reimbursable incident
specific oil spill removal expenditures made during activities pursuant to Section 311 Federal Water Pollution Control
Act (FWPCA), as amended by the Oil Pollution Act of 1990 (OPA), Public Law 101-380, in accordance with the National
Contingency Plan (NCP). The National Pollution Funds Center (NPFC) will confirm all reimbursements following receipt
and review of EPA documentation. This money will be used for emergency actions, cleanup oversight and cleanup
actions for the South Central Terminal Site, located in Pana, Illinois. See USEPA statement of work and cost analysis
statement.
EPA GRANTS SPECIALIST FOR THIS IAG IS Sheila Clark (312)353-1418.
14. Statutory Authority for Both Transfer of funds and Project Activities Sectjon 311(c) ofthe Federal Water Pollution
Control Act (FWPCA) as amended by the Oil Pollution Act (OPA) of 1990.
15. Other Agency Type
FEDERAL
Funds
Previous Action
Amount This Action
Amended Total
16. EPA Amount
$ 0
$ 0
$ 0
17. EPA In-Kind Amount
$ 0
$ 0
$ 0
18. Other Agency Amount
$ 0
$ 660,000
$ 660,000
19. Other Agency In-Kind Amount
$ 0
$ 0
$ 0
20. Total Project Cost
$ 0
$ 660,000
$ 660,000
21. Fiscal Information
Program Element
FY
Appropriation
Doc. Control No.
Account Number
Object Class
Obligation/Deobligation
Amt.
$ 660,000
EPA Form 1610-1 (Rev. 10-88) Previous editions are obsolete. Page 1 of 3
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Part II - Approved Budget
EPA IAG Identification Number
RW
22. Budget Categories
Itemization of
This Action
Itemization of Total Project
Estimated Cost to Date
(a) Personnel
$ 78,000
$ 78,000
(b) Fringe Benefits
0
0
(c) Travel
$ 9,600
$ 9,600
(d) Eguipment
$ 0
$ 0
(e) Supplies
$ 0
$ 0
(f) Procurement/Assistance
$ 660,000
$ 660,000
(g) Construction
0
0
(h) Other
$ 0
$ 0
(i) Total Direct Charges
$ 747,600
$ 747,600
(i) Indirect Costs: Rate 100.00% Base $
0
$ 0
$ 0
(k) Total
(EPA Share 0.00%) (Other Agency Share
100.00%)
$ 747,600
$ 747,600
23. Is equipment authorized to be furnished by EPA or leased, purchased, or rented with EPA funds?
(Identify all equipment costing $1,000 or more) Yes ^ No
24. Are any of these funds being used on extramural agreements (See item 22f)
Yes No ^
Type of Extramural Agreement
a Grant
^ Cooperative Agreement Procurement (Includes Small Purchase Order)
Contractor/Recipient Name (if known)
Total Extramural Amount Under This Project
$ 660,000
Percent Funded by EPA (if known)
0.00
Part III - Funding Methods and billing Instructions
25.
*3 Funds-Out Agreement (Note: EPA Agency Location Code (ALC) - 68010727)
Disbursement Agreement
Request for repayment of actual costs must be itemized on SF 1061 or SF 1060 and submitted to the
Repayment Financial Management Center, EPA, Cincinnati, OH 45268:
Monthly ® Quarterly ® Upon Completion of Work
^ Advance Only available for use by Federal agencies on working capital fund or with appropriate justification of need for this type of
payment method. Unexpended funds at completion of work will be returned to EPA. Quarterly cost reports will be forwarded to
the Financial management Center, EPA, Cincinnati, OH 45268.
^ Allocation- Used to transfer obligational authority or transfer of function between Federal agencies. Must receive approval
Transfer-Outprior by the Office of the Comptroller, Budget division, Budget Formulation and Control Branch, EPA Headquarters.
Forward appropriate reports to the Financial Reports and Analysis Branch, Financial Management Division,
PM-226F, EPA, Washington, DC 20460.
26.
Funds-ln Agreement
Reimbursement Agreement
Allocation Transfer-in
Repayment
Advance
Other Agency's IAG Identification Number
EPA Program Office Allowance Holder/Responsibility Center Number
Other Agency's Billing Address (Include Agency Location Code
or Station Symbol Number)
U.S. Coast Guard Finance Center (OG)
1430A Kristina Way
Chesapeake, VA 23326
Other Agency's Billing Instructions and Frequency
SEE SPECIAL CONDITIONS ITEM 4-F
EPA Form 1610-1 (Rev. 10-88) Previous editions are obsolete. Page 2 of 3
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Part IV - Acceptance Conditions
EPA IAG Identification Number
RW
27. General Conditions
The other agency covenants and agrees that it will expeditiously initiate and complete the project for which funds have
been awarded under this agreement.
28. Special Conditions (Attach additional sheets if needed)
THE ATTACHED "PART I - GENERAL" AND "PART II - EPA OSC ALTERNATIVE
COST DOCUMENTATION" ARE AN INTEGRAL PART OF THIS AGREEMENT
Note: 1)
Part V - Offer and Acceptance
For Fund-out actions, the agreement/amendment must be signed by the other agency official in duplicate and the one
original returned to the Grants Administration division for Headquarters agreements or to the appropriate EPA
Regional IAG administration office within 3 calendar weeks after receipt or within any extension of time as my be
granted by EPA. The agreement/amendment must be forwarded to the address cited in Item 29 after acceptance
signature.
Receipt of a written refusal or failure to return the properly executed document within the prescribed time may result in
the withdrawal of the offer by EPA. Any change to the agreement/amendment by the other agency subsequent to the
document being signed by the EPA Action Official, which the Action Official determines to materially alter the
agreement/amendment, shall void the agreement/amendment.
2) For Funds-in actions, the other agency will initiate the action and forward two original agreements/amendments to the
appropriate EPA program office for signature. The agreements/amendments will then be forwarded to the appropriate
EPA IAG administration office for acceptance signature on behalf of the EPA. One original copy will be returned to the
other agency after acceptance.
EPA IAG Administration Office (for administrative assistance)
EPA Program Office (for technical assistance)
29. Organization/Address
US ENVIRONMENTAL PROTECTION AGENCY
GRANTS SECTION MCG-10J
77 W. JACKSON BLVD.
CHICAGO, IL 60604
30. Organization/Address
US ENVIRONMENTAL PROTECTION AGENCY
EMERGENCY RESPONSE BRANCH 5SE-5J
77 W. JACKSON BLVD.
CHICAGO, IL 60604
Certification
All signers certify that the statements made on this form and all attachments thereto are true, accurate, and complete. Signers
acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under
applicable law.
Decision Official on Behalf of the Environmental Protection Agency Program Office
31. Signature
Typed Name and Title
WILLIAM E. MUNO, Director
SUPERFUND DIVISION
Date
Action Official on behalf of the Environmental Protection Agency
32. Signature
Typed Name and Title
FRANCIS X. LYONS
REGIONAL ADMINISTRATOR
Date
Authorizing Official on Behalf of the Other Agency
33. Signature
Typed Name and Title
DARRELL W. NEILY
CHIEF FINANCIAL OFFICER
Date
EPA Form 1610-1 (Rev. 10-88) Previous editions are obsolete.
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OSC Toolbox Guide
Chapter 6
Region-Specific
Information
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Chapter 6. Region-Specific Information
[To be provided by Regions]
6.1 Regional Re-delegations of Response Authority
6.2 Task Orders
6.3 Purchase Cards
6.4 Third Party Drafts
6.5 Authorization to Proceed [Basic Ordering Agreement (BOA)]
6.6 Interagency Agreements
6.7 Cooperative Agreements
6.8 START and SATA Contracts
6.9 Treasury Checks
6.10 Simplified Acquisitions
6.11 Site Specific Contracts
6.12 Other Region-Specific Tools
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OSC Toolbox Guide
Acronyms
ATP
Authorization to Proceed
BOA
Basic Ordering Agreement
CBD
Commerce Business Daily
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act of
1980
CFR
Code of Federal Regulations
CLIN
Contract Line Item Number
CO
Contracting Officer
COR
Contracting Officer's Representative
CN
Commitment Notice
CWA
Clean Water Act
DOC
Department of Commerce
DOD
Department of Defense
DOI
Department of Interior
DOT
Department of Transportation
DPA
Delegation of Procurement Authority
DPO
Deputy Project Officer
ECS
Electronic Certification System
EPAAR
EPA Acquisition Regulations
ERRS
Emergency and Rapid Response Services
ERT
Environmental Response Team
FACNET
Federal Acquisition Contract Network
FAR
Federal Acquisition Regulations
FCS 1102
Federal Contracting Officer Series 1102
FEMA
Federal Emergency Management Agency
FPC
Federal Project Number
GSA
General Services Administration
GWAC
Government-Wide Agency Contract
HHS
Health and Human Services
IAG
Interagency Agreement
IGCE
Independent Government Cost Estimate
IMPAC
International Merchant Purchase Authorization Card
LGR
Local Governments Reimbursement
MOU
Memorandum of Understanding
NCP
National Oil and Hazardous Substances Contingency Plan
NRT
National Response Team
NTP
Notice to Proceed
OAM
Office of Acquisition Management
ODC
Other Direct Costs
OERR
Office of Emergency Response and Remediation
OPA
Oil Pollution Act of 1990
OFPP
Office of Federal Procurement Policy
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OMB
Office of Management and Budget
OPARANs
Oil Pollution Act Regional Account Numbers
OSLTF
Oil Spill Liability Trust Fund
OSC
On-Scene Coordinator
PA/SI
Preliminary Assessment/Site Inspection
PBSC
Performance Based Services Contract
PIN
Procurement Initiation Notification
PM
Project or Program Management
PO
Project Officer
PR
Procurement Request
PRFA
Pollution Removal Funding Authorization
RAC
Response Action Contractor
RCRA
Resource Conservation and Recovery Act
RCMS
Removal Cost Management System
RRT
Regional Response Team
RTP
Research Triangle Park
SAM
Site Assessment Manager
SATA
Site Assessment/Technical Assessment
SARA
Superfund Amendments and Reauthorization Act of 1986
SOW
Statement of Work
SM
Site Manager
SPEDI
Small Purchase Electronic Data Interchange
START
Superfund Technical Assessment and Response Team
TDD
Technical Direction Document
TM
Task Monitor
TO
Task Order
TPD
Third Party Draft
TSC
Technical Support Centers
USACE
US Army Corps of Engineers
USCG
U.S. Coast Guard
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OSC Toolbox Guide
Glossary of Terms
Action Memorandum - A document developed by OSCs to provide a concise written record of
the decision to select a removal action. Some Action Memoranda only require approval at the
Regional level, while others also require Headquarters concurrence.
Advice on Allowance - The mechanism by which a portion of the Agency's authorized budget is
allocated to a Region.
Alternate Remedial Contract Strategy (ARCS) - A contract vehicle used to obtain program
management and technical services needed to support non-time-critical removal actions. Also
used to support site assessment, remedial planning, and remedial response activities at NPL sites.
Anti-Deficiency Act - A public law (31 USC 1341) that requires that, among other things,
funding be available prior to obligating Government funds and/or incurring expenditures on
behalf of the Federal Government.
Authorization to Proceed - A procurement tool issued under a USCG Basic Ordering
Agreement by a USCG-designated EPA FCS 1102 CO that directs a vendor to initiate an oil spill
response.
Basic Ordering Agreement (BOA) - A USCG agreement with a vendor to provide services at
pre-negotiated rates in situations where other procurement tools are unavailable or cannot be
initiated in a timely manner.
Blanket Purchase Agreement - A simplified method of filling anticipated repetitive needs for
supplies or services by establishing "charge accounts" with qualified sources of supplies.
Clean Water Act (CWA) - A law which gave the EPA the authority to set affluent standards on
an industry basis (technology-based) and continued the requirements to set water quality
standards for all contaminants in surface waters. The CWA makes it unlawful for any person to
discharge any pollutant from a point source into navigable waters unless a permit is obtained
under the Act.
Commitment - The process of reserving funds under a contract for specific goods or services.
Examples of commitment documents include a Procurement Request (Form 1900-8) and a
Commitment Notice (Form 2550-9).
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - A
Federal law passed in 1980 and modified in 1986 by the Superfund Amendments and
Reauthorization Act (SARA). The Act created "Superfund" to finance cleanup of the worst
hazardous waste sites and set provisions for conducting emergency and remedial actions in
response to hazardous substance releases.
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Concurrence Memorandum - A document created by Headquarters staff to obtain formal
approval for those removal actions that require Headquarters concurrence. A Concurrence
Memorandum accompanies every Action Memorandum that is forwarded from the Region to
Headquarters for concurrence.
Confidential Business Information - Material that contains trade secrets or commercial or
financial information that has been claimed as confidential by its source.
Consistency Waiver - A document that formally authorizes a Region to perform a removal
action that may be inconsistent with the long-term remedial action at a particular site.
Contract - A mutually binding legal relationship obligating the seller to furnish the supplies or
services (including construction) and the buyer to pay for them. It includes all types of
commitments that obligate the Government to an expenditure of appropriated funds and that,
except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts
include (but are not limited to) awards and notices of awards; job orders or task letters issued
under basic ordering agreements; letter contracts; orders, such as purchase orders, under which
the contract becomes effective by written acceptance or performance; and bilateral contract
modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C.
6301, et seq.
Contracting - Means purchasing, renting, leasing, or otherwise obtaining supplies or services
from nonfederal sources. Contracting includes description (but not determination) of supplies
and services required, selection and solicitation of sources, preparation and award of contracts,
and all phases of contract administration. It does not include making grants or cooperative
agreements.
Contracting Officer (CO) - A person with the authority to enter into, administer, and/or
terminate contracts and make related determinations and findings. The term includes certain
authorized representatives of the contracting officer acting within the limits of their authority as
delegated by the contracting officer.
Contracting Officer Representative (COR) - An authorized representatives of the contracting
officer who acts within the limits of their authority as delegated by the contracting officer.
Daily Work Order (DWO) - A tool used by EPA to provide technical direction (consistent with
the contract SOW) to contractors on a daily basis.
Delegated Procurement Authority (DPA) - Authorizes certain OSCs to bind the Government
financially for the procurement of essential goods and services to support a Federal response.
DPA allows OSCs to enter into contracts and make related determinations and findings subject to
the limitations of their warrant.
Delivery Order (DO) - An order for supplies or services placed against an established contract
or with Government sources.
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Direct Cost - Costs that are directly identifiable to a specific project, including direct labor,
equipment, and materials.
Direct Labor - The amount a contractor is paid for a specific labor category.
Emergency and Rapid Response Services (ERRS) - A contract vehicle that provides response
services for emergency, time critical, and non-time critical removal actions, and early/interim
remedial actions involving releases of hazardous substances, oil, and other contaminants or
pollutants to the environment. It may also be used to respond to Presidentially-declared disasters.
Emergency Support Functions (ESFs) - Functional areas of response activities established to
save lives, protect property and public health, and to maintain public safety by facilitating the
delivery of Federal assistance during disasters. ESF missions are designed to supplement State
and local response efforts.
Enforcement Support Services (ESS) - A contract vehicle that provides support to Regional
offices during activities to enforce CERCLA and the NCP. Tasks include conducting PRP
searches, assisting in field oversight, and compiling the administrative record and cost
documentation.
EPA Acquisition Regulations (EPAAR) - Building on the Federal Acquisition Regulations,
establishes the regulations and requirements for the procurement of goods and services that apply
specifically to EPA personnel.
Exemption Request - A document that secures formal authorization to continue a removal
action beyond the temporal or financial limits established in the initial Action Memorandum for
that incident.
Federal Acquisition Regulations (FAR) - Establishes the regulations and requirements for the
procurement of goods and services that apply to all executive agencies of the Federal
Government.
Federal Project Number (FPN) - An identification number assigned by the USCG before
funding from the NPFC multi-incident IAG or incident-specific IAGs can be issued.
Federal Radiological Emergency Response Plan (FRERP) - A contingency plan that
describes the roles and responsibilities of the response agencies to prepare in order to respond to
radiological incidents.
Federal Response Plan (FRP) -A Federal law that establishes the basis for the provision of
Federal assistance to a state and its affected local governments impacted by a catastrophic or
significant disaster or emergency which results in a requirement for Federal response assistance.
The FRP outlines the planning assumptions, policies, concept of operations, organizational
structures and specific assignments of responsibility to the Federal signatories (28 Departments
and Agencies) of the FRP, including those of EPA.
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Fee - Profits companies receive for performing work.
Government Wide Acquisition Contracts (GWACs) - Simplified acquisition contracts that the
Government can use to procure various supplies and services.
Independent Government Cost Estimate (IGCE) - An estimate developed independently by
the Federal Government to determine what is considered a fair and reasonable price for stated
work requirements. An IGCE is a FAR requirement for any procurement above the simplified
acquisition level (currently $100,000).
Inter-Agency Agreement (IAG) - An agreement between two or more agencies to formalize
funding for response-related activities.
Imprest Fund - A simplified method of acquiring and making payments for supplies or services
when deemed appropriate by a CO, where cash payments are determined most advantageous to
the Government.
Local Governments Reimbursement (LGR) Program - A program maintained by EPA to
reimburse local governments or Indian tribes up to $25,000 for response costs incurred during a
single incident.
Memorandum of Understanding (MOU) - An agreement delineating the roles, responsibilities,
procedures, and policies employed by the Agency and other organizations to clarify, enhance, and
expedite activities and obligations.
Mission Assignment (MA) - A work order issued to a Federal department or agency by FEMA
to undertake specific tasks to supplement state and local response capabilities as defined under
the FRP.
National Oil and Hazardous Substances Pollution Contingency Plan (NCP) - The Federal
regulation that provides guidelines for implementing CERCLA, CWA, and OP A, and authorizes
EPA and others to conduct cleanups of oil and hazardous substance releases. The NCP is
promulgated at 40 CFR Part 300.
National Pollution Funds Center (NPFC) - The center within USCG that administers the Oil
Spill Liability Trust Fund (OSLTF) for funding of removal costs and/or damages resulting from
discharges of oil.
Notice to Proceed (NTP) - An EPA contracting tool that can be used to procure goods and
services only in emergency situations.
Obligation - The process of making committed funds available to a specific vendor for a
specific task. Funds must be committed before that are obligated. The obligation document is
the actual signed or modified contract.
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Oil Pollution Act of 1990 (OPA) - Created to expand upon and strengthen the CWA by
ensuring quick, effective responses to oil spills.
Oil Spill Liability Trust Fund (OSLTF) - A funding resource established under the Oil
Pollution Act of 1990 and managed by USCG's National Pollution Funds Center (NPFC).
On-Scene Coordinator (OSC) - A predesignated Federal official who oversees response
activities at oil spills and hazardous substance releases. The OSC ensures that the response is
appropriate and timely, while minimizing environmental damage and protecting public health.
Other Direct Costs - A subcategory of direct costs, these costs include items such as couriers,
copying, travel, lodging, and subcontracted services such as off-site analytical services,
transportation, and disposal.
Performance Based Services Contracting - A major acquisition reform initiative in all Federal
procurements, this methodology for acquiring services focuses on desired mission-related
outcomes rather than emphasizing how the work is performed. It also ties payments to the
contractor's ability to achieve the outcomes.
Pollution Removal Funding Authorization (PRFA) - A tool used by USCG under the OPA to
reimburse other Federal and non-Federal agencies for assistance on an oil spill response.
Pollution Reports (POLREPs) - Summary reports that document current response actions and
provide an up-to-date accounting of the total funds allocated in an incident. They are written on
an "as needed" basis by staff of the Regional Branch Chiefs and Section Chiefs.
Procurement Request (PR) - A commitment document that reserves funding for specific goods
or services.
Purchase Card - An acquisition tool that enables Warranted OSCs to purchase, within
established terms and conditions, supplies and services needed to support a Federal response.
Removal Cost Management System (RCMS) - A data management system developed by the
ERT for purposes of, among other things, assisting OSCs to develop independent government
cost estimates (IGCEs), particularly for task orders under the ERRS contract.
Response Action Contracts - A type of contract that provides professional architect/engineering
services to EPA to support response planning and oversight of activities under CERCLA, as
amended by SARA.
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) - Gives the
Federal government authority to respond to disasters and emergencies in order to provide
assistance to save lives and protect public health, safety, and property. Among other provisions,
the Stafford Act directs the Federal government to develop a national plan for preparing for and
responding to catastrophic events.
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Simplified Acquisition Procedures - A procurement tool for obtaining goods and services up to
a specified level (currently $100,000).
Site-Specific Contracts - Contracts that involve a bidding process and are most appropriate for
straightforward and uncomplicated removal actions. Site-specific contracts are typically
considered for use only in non-emergency situations.
Statement of Work (SOW) - A written document that provides the necessary foundation for
EPA to obtain supplies and services at a fair and reasonable cost and to receive the best possible
product or service on time and within budget.
Stop Work Order - Written direction issued by a CO or Warranted OSC to halt all or any part
of services ordered under a contract.
Superfund Technical and Response Team (START) - A contract vehicle that provides a
variety of services through engineering, geological, toxicological, biological, chemical, technical,
and administrative and technical support staff.
Task Monitor (TM) - A contracting role that may be assumed by an OSC under the START
contract.
Task Order - An order for supplies or services placed against an established contract or with
Government sources.
Technical Direction Document (TDD) - The mechanism by which EPA initiates or amends
services required under a contract consistent with the SOW.
Third Party Draft - An Agency bank draft similar to a check that may be used to acquire goods
and services not exceeding $5,000.
Treasury Check - Allows EPA to procure goods or services similar to a Third Party Draft,
except there is no dollar limit.
Warrant Authority - Provides limited contracting authority to certain OSCs to bind the
Government financially for the procurement of essential goods and services to support a Federal
response. Warranted OSCs are permitted to enter into contracts and make related determinations
and findings subject to the limitations of their warrant.
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Important Points of Contact
EPA Contacts
EPA Environmental Response Team (ERT)
ERT duty officer: (908)321-6660
www.ert.org
EPA Office of Research and Development -
Technical Support Centers
Dave Burden
(580) 436-8606
Joan Mattoxs
(513) 569-7624
Harlal Choudhury
(513) 569-7536
Ken Brown
(702) 798-2270
Terry Slonecker
(703) 648-4284
Frank Stancil
(706) 546-3130
Radiological Emergency Response
Region 1
Region 2
Region 3
Region 4
Region 5
Region 6
Region 7
Region 8
Region 9
Jim Cherniak (617)
Paul Giardina (212)
Bill Belanger (215)
Paul Wagner (404)
Larry Jensen (312)
Steve Vargo (214)
Bob Dye (913)
Milt Lammering (303)
Mike Bandrowski (415)
(206)
(702)
Region 10: Jerry Leitch
Gregg Dempsey
Colleen Petullo (702)
(MARS SIM)
Scott Faller (702)
Ed Sensintaffar (334)
John Griggs (334)
(MARLAP)
Vicki Lloyd
(TSC)
Scott Telofski (334)
Phil Newkirk (202)
Team
918-1533
637-4010
814-2082
562-9100
886-5026
665-6714
551-7605
312-6147
744-1048
553-7660
798-2461
798-2446
798-2323
270-3402
270-3450
(334) 270-3467
270-3412
564-9377
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Other Federal Contacts
USCG Marine Safety Laboratory
(203)441-2645
National Response Center
(800) 424-8802
www.nrc.uscg.mil/index.html
National Pollution Funds Center
(703)235-4740
www.uscg.mil/hq/npfc/npfc.htm
US Army Corps of Engineers (USACE)
Rapid Response Program
Mr. John Kirschbaum, P.E. (402) 221-7714
(pager) (888)761-7639
www.usace. army. mil
Department of Defense
Director of Military Support (DoMS)
24-hour (703)697-0218
Technical Escort (703)697-1096
(business hours) (703)697-4916
(703) 695-2003
Low Level Radioactive Waste Disposal Agency
www. i oc. army .mil / dm/DMW WEB/indexdm w.
htm
US Navy Supervisor of Salvage
www.supsalv.org
National Oceanic and Atmospheric
Administration (NOAA)
www.noaa.gov (206) 526-6317
U.S. Forest Service
www.fs.fed.us
National Interagency Fire Coordination
Center (NIFCC)
Neil Hitchcock (208)387-5662
Bureau of Reclamation
Upper Colorado Region
Clark Whitlock
Great Plains Region:
Dan Jewell
Mid-Pacific Region:
Karen Rae
All others:
Tom Luebke
(801)379-1093
(406)137-7703
(916) 978-5037
(303) 445-2594
www.usbr.gov/main.index.htm
US Coast Guard - National Strike Teams
Team
EPA Regions
Supported
24-Hour
Number
Atlantic
I, II (except
Caribbean), IE, V
(609) 724-0008
Gulf
iv, vi, vn,
Caribbean
(334) 441-6601
Pacific
vm, ix, x
(415)883-3311
NSFCC
All Regions
(919)331-6000
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