Getting the Job Done:A Workshop on Acquisition and Emergency Response Contract Management

OSC Readiness 2004

Introduction

Raoul D. ScottActing Service Center Manager

Emergency Response Service Center

Programmatic Delegation Of Authority & Delegated Procurement Authority (DPA)

Claudia ArmstrongContract Specialist

Emergency Response Service Center

Discussion Topics

! Programmatic Response Authority! Delegated Procurement Authority

(DPA)! OSC Limited Warrants & Guidance! Procurement Tools Under DPA &

Required Training

Programmatic Delegation Of Authority! Authority

– CERCLA, Section 104– 40 CFR Part 300, "National Oil and

Hazardous Substances Pollution Contingency Plan" (NCP)

– NCP, Federal Response Plan (FRP), and National Response Plan (NRP) also outline specific responsibilities for responding to potential or actual releases of hazardous material

Programmatic Delegation of Authority (Cont.) ! Delegations Are Region Specific! OSC Must Check With Regional

Management to Determine the Limitations of Their Programmatic Authority

Programmatic Delegation of Authority (Cont.)! Exercised Subject to Approved

Funding Levels

Up To $50,000Non-Emergency Site Condition

Up To $250,000Emergency Site Condition

$$OSC DELEGATION$$CLASSIFICATION

Recap Of Programmatic Authority! CERCLA, NCP, FRP, NRP! Allows OSC to Direct

Responses, Determine Need for Emergency Response Actions

! Does NOT authorize an OSC to Obligate the Government in an Emergency Situation

Delegated Procurement Authority (DPA)! History

– A Recognized Need

! Programmatic Authority vs. Delegated Procurement Authority– Major Difference Between The Two

OSC Warrant Process

! Formal Request Submitted by Region! EPA Headquarters Office of Acquisition

Management Reviews Request! Superfund Division Director Signs &

Issues Limited Warrant! OAM Adds New Warranted OSC to List

Posted on Internet

OSC Limited Warrant

! Issued To An Individual OSC – Actual Authority vs. Apparent Authority– Non Re-delegable

! OSC Duties Performed in Accordance with NRP/NCP

! DPA Warrant Limit of $200,000

OSC Limited Warrant (Cont.)! When Is An OSC Authorized to Use

Their Delegated Procurement Authority?– Emergency Response or Removal Action– Inaction Would Facilitate a Negative

Impact on the Environment or Human Health

– An 1102 Contracting Officer Is Unavailable

Warranted OSC Contracting Tools! Notice To Proceed (NTP)

– Used in Emergency Situation

! Ordering Work/Task Orders– May Be Issued Orally or in Writing

! Stop Work Orders– Issued Only in “True Emergency”– May Be Issued For All or Part of the Work

Warranted OSC Contracting Tools (Cont.)! Daily Work Orders/ TDD! Subcontract Consent ! Overtime! Cost Tracking

OSC Warrant Guidance

! Responding to Incidents Outside of Your Home Region– OSC is Authorized to Use DPA Under any

Superfund/ Regional Contract, in any Geographical Location

! Reassignment Within the Agency– Warrant Termination

Mandatory Training For Warranted OSCs! OSC Warrant Course! 40 Hours Acquisition Related Training

Bi-annually! Contracting Officer Representative

(COR) Training– On-line Course (Recertify Every 3 Years)

Training Resources

! Intranet.epa.gov/oamintra/training/index! http://faionline.com! http://www.dau.mil/! http://apps.fss.gsa.gov/umas/! http://www.arnet.gov/! http://www.wifcon.com! http://www.ncmahq.org/

Questions???

Feel Free to E-mail or Call Me At:! E-mail: armstrong.claudia@epa.gov! Phone: (202) 564- 6679

Service Acquisition Reform Act (SARA)

Dave MurphyContract Specialist

Emergency Response Service Center

What Does Service Acquisition Reform Act (SARA) provide?

! Procurement flexibility! Reduces lead times! Streamlined procurement process

Contracts Where SARA May Apply! OSWER CORE ER

– Superfund Technical Assessment &Response Team (START)

– Emergency & Rapid Response Services (ERRS)

– Warehouse & Equipment Services (WES)– Equipment BPAs

History of Procurement Flexibility

! Homeland Security Act! Service Acquisition Reform Act! FAC 2001-20

Homeland Security Act

! Introduced the NBCR criteria for increasing thresholds– $7,500 micro-purchase limit– $200,000 SAP– Unlimited Commercial Items

Service Acquisition Reform Act (SARA)! National Defense Authorization Act,

November 24, 2003! Determined by the Head of the

Contracting Activity! Delegated to the RCO supervisor! Supplies or services that support a

contingency operation or facilitate defense against or recovery from a NBCR attack

Service Acquisition Reform Act (Cont.)! $15,000 micro-purchase limit! $250,000 simplified acquisition threshold! $15,000,000 limit for non-commercial items

procured using commercial item procedures ! $10,000,000 limit for commercial items

procured in support of NBCR attack! Total Small Business Set-Aside, $15,000 -

$250,000

FAC 2001-20

! Issued in the FR on 2/23/04, no expiration date

! Purpose to Codify Service Acquisition Reform Act changes in the FAR

! Correct procurement issues addressed in the HSA and FAC 2001-12

New Procurement Initiatives

! Expanding the industry base! Guidance document on vehicle

purchases

Expanding the Industry Base! Preparation for five simultaneous

events! Technical Specialists/Experts pool

depleted! BPA to obtain qualified technical

specialists/experts in a timely manner

Expanding the Industry Base (Cont.)! What OAM has done so far:

– Developed a Rough PWS– Posted a Request for Information– Received positive comments from

Industry– Met with Industry

Guidance Document for Vehicle Purchases! Provide a “Decision Tree” style

document that will simplify the vehicle purchasing process

! Develop a Consistent PWS for MCP and Hazmat Vehicles that can be tailored regionally

Guidance Document for Vehicle Purchases (Cont.)

! Develop an outline! In the early stages of an RFI

Contact Information

! Dave MurphyContract Specialist, OAM-SRRPODEmergency Response Services Center

Tel: 202-564-6595

Performance Based Service Contracting (PBSC)

Christine EdwardsContracting Officer

Emergency Response Service Center

Why Use Performance Based Service Contracting?

! 40% of contracting dollars must be performance-based in FY 2005

! Future budgets contingent on this goal! Potential for significant savings

What Does Performance Based Service Contracting Mean?

! Contractor assumes responsibility for contract success

! Government defines objectives! Contractor uses expertise to achieve

desired result

Elements of PBSC

! Performance Requirement (SOW/PWS)! Performance Standards (Measurable

Goals)! Surveillance Plan (AQL/Monitoring)! Incentives/Disincentives

Using the START PBSC Templates

! Fill in the Blank! Check/Pick List

Templates Incorporate the 4 PBSC Elements

Incentives/Disincentives

! Use Award Term Incentive in the START Contract (Appendix D)

! Create for individual TO/TDD

Are the Templates Required?

! Regions may develop their own tools but are required to meet the 40% PBSC Goal

START PBSC Activities

! Hazard Ranking Packages! Site Investigation Reports! Potentially Responsible Party Search! General Removal Activity! Others

How Do I Maintain Control?! The OSC always maintains control

– Daily Work Orders– 1900-55s

! Direct oversight– PBSC need only be a SUBSTANTIAL

portion of work

Is PBSC All or Nothing?

! Even in PBSC work may still be directed if needed

! As long as a substantial part of the work is performance-based, EPA gets credit for the full amount.

When Should Contractor Be Directed?

! When unsafe practices or other activities threaten human health and the environment

Options when Directing Contractor is Needed! If the directed activity is less than

20% of cost, it still counts as PBSC! If the directed activity is segregable

issue separate TO/TDD ! If agreement cannot be made with the

contractor, issue the TO/TDD to a different contractor

Using the Response Activity Template! Appendix C, Template 1! Example for using template to create

umbrella Emergency Response Task Order

Scenario/Example

! Michelle JasterOSC Region 5

! Other Examples from Class

Contact Information

! Christine EdwardsContracting Officer – OAM/SRRPODEmergency Response Service Center

Tel: 202-564-2182

Conclusion

! Raoul D. Scott – (202) 564-5752! Margie Weathers – (202) 564-4443! Christine Edwards – (202) 564-2182! David Murphy – (202) 564-6595! Claudia Armstrong – (202) 564-6679