EPA-lead RD and RA - Overview of RD/RA Project Delivery and Considerations for Scoping your RD...

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EPA-LEAD RD AND RA- OVERVIEW OF RD/RA PROJECT

DELIVERY AND CONSIDERATIONS FOR SCOPING

YOUR RD AND RA SOWS

Kate Garufi, EPA HQ

Purpose Focus on EPA-lead RD/RA projects Communicate the importance of considering

RD/RA project delivery early in the RD scoping process

Change the “stovepipe” paradigm for scoping EPA-lead RD and RA projects

Discuss big picture considerations when developing your RD and RA SOW

Discuss 3 RD/RA examples Project delivery considerationsSOW development considerations

Outline Overview of the Remedial Acquisition

Framework RD/RA Project Delivery Strategy Statement of Work

OverviewDeveloping the RD SOWDeveloping the RA SOW

Examples

Overview of the remedial acquisition framework

Existing Contracts Superfund RD and RA services

delivered primarily through:Interagency Agreements; Cooperative Agreements; orEPA Remedial Action Contracts (RACs)

RACs provide “cradle to grave” support for the remedial programDirect RD supportSubcontract RA

Remedial Action Contracts Regionally awarded and administered Single solicitation/single award contracts At least two per Region Work Assignment (WA) or Task Order

(TO) ID/IQ Contracts TO/WA Process

Generally Cost reimbursableNo competition between RAC firms

Remedial Acquisition Framework EPA contracts will not longer be “cradle to

grave” contractsSeparate design and remedial action activities Design/bid/build

EPA contractsDesign and Engineering Services (DES);Remediation Environmental Services (RES); andEnvironmental Services and Operations (ESO)

EPA may still leverage other Federal Agencies and States through IAs and CAs

Major Changes that Impact RPM role (and SOW development) National Contracts Competition at the task order level Direct contracting for remedial action

EPA – CONTRACTING PARTY

- RPM - Contracting Officer

RA Contractor – Constructor

• Construction Superintendent – On-Site Rep

Additional information on RAF The revised Sources Sought/Request for Information (SS/RFI)

has been posted to Fed Connect and Fed Biz Opps. https://

www.fbo.gov/index?s=opportunity&mode=form&id=65baba2015ea27c769ad82435b941d0e&tab=core&_cview

The posting invites vendors to review documents at the OAM web link:

http://www.epa.gov/oamreg01/region3/SOL-R3-13-00006/index.htm

Final Remedial Acquisition Framework document is still in draft. Expected to be released in Spring 2014.

Questions?

RD/RA project delivery strategy

What is a RD/RA Project Delivery Strategy? Strategy includes decisions regarding:

Design type (detail of specifications)Remedial action contracting strategy

○ Procurement approach○ Remedial action contract type

MUST be discussed and considered early when scoping the design

Role of RPM in the Project Delivery Strategy RPM can influence all components of the RD/RA

project delivery strategy Now that EPA is moving towards directly contracting

for remedial action services, RPM involvement is scoping project delivery early in the design in criticalCommunication with contractors on design schedule and

funding constraints/requirementsCommunication with HQ on RA funding needs (timing and

dollars)Communication with EPA contracting office (type of RA

contract, timing of award, etc)Communication with design contractor on phasing project

components, if needed

Why is Design Type Important for Delivery of a Remedial Action? The type of remedial action contract vehicle should

have an impact on the types of design specifications neededSpecifications are an integral part of the remedial action

contracting package Specifications describe the technical requirements to be

met by the RA contractor and the criteria for determining whether these requirements have been met.

All three components (design specifications, procurement method and contract type) should be considered BEFORE the design requirements are scoped

Remedial Design The purpose of the design is to provide

technical requirements (plans and specifications) that provide an adequate level of information needed for the remedial action contractors to provide technical approach (with labor/skill mix) and cost proposals

In general, the design is the basis for the statement of work for the remedial action.

Types Remedial Design Specifications Detailed (Prescriptive)

Outline exactly how the remedial action contractor should perform the activities

Performance-basedFocus on outcomes or results rather than a

process

What type of specifications are Superfund remedial designs? Superfund remedial designs generally

include a combination of detailed specification and performance-based specifications

This is due to some requirements that must be met related to:Government regulations on procurement with

Federal dollars; Environmental/construction standards; or Environmental regulations (ARARs)

Remedial Action Contracting Strategy Procurement Approach

Sealed bidTwo-step sealed bidNegotiated

Remedial Action Contract TypeFirm Fixed PriceFixed RateConst Reimbursable Time and Materials

What RA contracting strategy is right for my project? It depends!!! When scoping the design, keep the end in mind. RA delivery considerations that may directly impact the

design: Certainty of the site characterization Site complexity Management effort Financial risk (EPA and contractor) Cost Control

In general, a detailed design will be done at some point in the RD/RA process – it is your decision on “where” it is done: RD contractor RA contractor

Relationship Between Site Characterization Certainty and Cost

CostIncreasing

Certainty Increasing

Matching Site Type to Appropriate Contracting Strategy Determine level of certainty associated

with site characterizationHigh certainty = less flexible strategyLow certainty = more flexible strategy

Determine the complexity of the site and the remedial actionSimple = less flexible strategyComplex = more flexible strategy

Considering Management Effort

Less Management Effort

More Management Effort

Less Flexible

Strategy

Flexible

Strategy

Considering Financial Risk Borne primarily by the contractor

Fixed price contracts Shared by contractor and government

Time and material contracts Borne primarily by the government

Cost reimbursement contracts Less certain site characterization and

increased site complexity require government to share financial risk

Considering Cost Control

More Cost Control

Less Cost ControlL

Flexible

Strategy

More Flexible

Strategy

How on earth do I track all of this stuff?? Use a project risk register!

Questions?

Statement of work overview

What is a Statement of Work Definition: Description of the specific

service or tasks a contractor is required to perform under a contract

This presentation and the examples will focus on the development of a task order SOW for either RD or RA

Why is the SOW so important? The SOW is the pivotal acquisition

document for goods or services The SOW is the key factor to determine

the task order type; OR the SOW should comport with desire task order type

Key document for contactor preparation of cost and technical proposals

Why is the SOW so important? Facilitates proposal negotiations and

competition, as appropriate Establishes conclusive baseline to

evaluate proposals; and Establishes the standards to which you

can gauge the contractor’s performance

Different types of SOWs Prescriptive

Performance-based

Prescriptive SOW Requirements are described in terms of

processes or tasks Government instructs the contactor

when, where, and how In general, does not address desired

end result Change in scope requires modification

to the contract document

Performance-Based SOW Requirements described in terms of end result

(measurable outcome) versus how to get there Provides a basic, top level objective(s) of the acquisition Enable assessment of work performance against

measurable performance standards Contractor provides labor mix and skill set solutions to

fulfill the requirement Used when the Government intends to provide

maximum flexibility to each offeror to propose an innovative approach

Change is scope and adjustments to the process without modification as long as goals are met

Developing the remedial design statement of work

Scoping the RD SOW The information contained in the RI/FS,

ROD and any subsequent investigation activities should serve as the initial building block for developing the RD SOWIdentify remedial action objectives, cleanup

levelsIdentify technologies and level of detail under

which the remedy is describedIdentify level of site characterization conducted

during the RI/FS

Developing the RD SOW Five key remedy implementation items

that should be included in the SOW: The treatment system or technology;Performance standards;Any points of compliance;How to demonstrate compliance/completion;

andSchedule

Developing the RD SOW In general, the SOW for executing the

remedial design is considered performance-based.

Strongly encouraged that EPA has a scoping meeting with the contractor after award to discuss RD/RA project delivery strategy

The type of design specifications (prescriptive versus performance-based) must be understood by all stakeholders before the design work begins

RD SOW Best Management Practices Include your technical team in the scoping of

the RD! Write the SOW with enough flexibility to allow

for changes to the contractor work plan without modifications to the SOW or task order document

Keep a risk register. Track assumptions made during the RI/FS, ROD and the RD scoping meeting. As data is collected and design proceeds, additional information may require a change to the RD/RA project delivery strategy.

Two RD delivery methods EPA contracts directly with the designer

EPA contractorUSACE, State, or Tribe does work in house

EPA does not contract directly with the designerUSACE contracts with designerState/Tribe contracts with designer

EPA contracts directly with the designer

Design Contractor • Design Engineer

RD SOW components for EPA contracts Introduction (5 musts!) General Requirements

Schedule Project Planning and Support Site-specific plans Community Relations

Pre-design investigation Data Acquisition Sample Analysis Data Evaluation and Support

Treatability Study Design Deliverables

Preliminary/Intermediate/Prefinal and Final Post Remedial Design Support

EPA does not contract directly with the designer

Contracting Party:USACE

State/Tribe

RD Subcontractor• Design Engineer

RD SOW components for IAs and CAs Introduction (5 musts!) General Requirements

ScheduleSite specific plansReporting

Pre-design Investigation Procurement of RD subcontract Subcontract management support Contractor oversight and reporting Project Closeout

Considerations when scoping the RD SOW for IAs and CAs The USACE or State/Tribe will develop the

SOW for the design contractor Important that the RPM discusses the

planned project delivery with the USACE or State/Tribe prior to developing the designCritical to ensuring deliverables comport with

contracting strategy (and available funding)Want to avoid any need for re-design (or

deliverables not used) by the entity procuring the remedial action contract!

Questions?

Developing the remedial action statement of work

Scoping the RA SOW The technical plans and specifications

should drive the content of the RA SOW Develop SOW objectives that comport with

design and account for uncertainties The 100% design should be reviewed to

determine:Detail of design specificationsPoints of compliance/completionScheduleAny project phasing (if applicable)

Developing the RA SOW The objectives of the SOW should match the detail in the

design For an SOW with detailed design specifications, the RA SOW

should focus on implementing the design. Any changes will result in a change to the design and the RA SOW.

For an SOW with a more performance-based design, the RA SOW should focus on the end goal and metrics to evaluate progress and completion of the task

Problems with performance-based SOW and a detailed design Detailed design instructs – know your site complexities and

uncertainties Performance objectives may not be met by detailed design if site

conditions or assumptions made during the design change May require design/SOW changes during the RA

RA SOW Best Management Practices Consider planned remedial action contracting strategy

(procurement approach and contract type) when writing the SOW

Understand site assumptions and uncertainties Revisit and update the risk register and evaluate assumptions

made in design Evaluate likelihood of changing site conditions Ensure contract allows for these changes (should they occur – and

they often do!) RA contactors understand environmental remediation and

risk – if RD/RA contracting strategy provides for a high degree of contractor financial risk, contracts will: Account for risk in cost proposal; or May not bid on a project

Two delivery methods EPA contracts directly with the remedial

action contractor

EPA does not contract directly with the designer

EPA contracts directly with the remedial action contractor

RA Contractor – Constructor• Construction Superintendent – On-

Site Rep

RA SOW components for EPA contracts - prescriptive Introduction General Requirements

Project Planning and SupportCommunity InvolvementSite specific plans

Project RequirementsManagementImplement designQA/QC

Deliverables Schedule

RA SOW components for EPA contracts – performance-based Introduction General Requirements

Project Planning and SupportCommunity InvolvementSite specific plans

Performance RequirementsTechnical Project Management

Deliverables Schedule

EPA does not contract directly with the remedial action contractor Old RAC model USACE or other Federal Agency (IA) State or Tribe (CA)

EPARPM

CONTRACTING PARTYRAC Contractor

USACEState/Tribe

RA Subcontractor – Constructor• Construction Superintendent – On-

Site Rep

RA SOW components for IAs and CAs Introduction General Requirements

ScheduleProject Planning and SupportCommunity InvolvementSite specific plans

Procurement of subcontract Subcontract management support Detailed resident inspection Cleanup Validation Project Closeout

Considerations when scoping the RA SOW for IAs and CAs The USACE or State/Tribe will develop the

SOW for the remedial action contractor Important that the RPM discusses the

planned project delivery with the USACE or State/Tribe during the development of the designCritical to ensuring deliverables comport with

contracting strategy and Agency or state requirements and to avoid procurement delays

RD and RA SOW examples

Overview 3 Projects Group survey to determine RD/RA

project delivery strategy Given the RD/RA project delivery

strategy, discuss:RD SOW development RA SOW development

Things to Consider RD/RA Project Delivery Strategy considerations:

Site characterization Site/remedy complexity Contract flexibility needs Cost control considerations Oversight needs

RD SOW development considerations Preliminary design investigation needs Treatability study needs Design deliverable needs

RA SOW development considerations Is prescriptive SOW appropriate? Might a performance-based SOW be more appropriate?

Project #1 Residential yard contaminated with lead

Result of aerial deposition (smelter)Well defined nature and extent of

contamination Remedy calls for excavation of two feet

of contaminated soil and backfillWell defined and/or less complex remedial

technology

Project #2 DNAPL contamination present in

saturated zone under an abandoned buildingNature and extent of contamination not well

defined Remedy calls for thermal treatment of

source zoneRemedy goal: Reduce source area by 90%

Project #3 PCB contamination in St. Lawrence

RiverHeavy tidal influence Heavy boat traffic

Remedy includes dredging on PCB contamination > 50 ppb and capping of PCB contamination < 50 ppb

Helpful References OSWER 9355.0-43, Guidance for Scoping the Remedial Design,

March 1995. http://www.epa.gov/superfund/cleanup/pdfs/rdra/scopingrd.pdf

OSWER 9355.0-04B, Remedial Design/Remedial Action Handbook, June 1995. http://www.epa.gov/superfund/cleanup/pdfs/rdrabook/table.pdf

Other relevant RD/RA guidance http://www.epa.gov/superfund/cleanup/rdra.htm

Questions

EPA-lead RD and RA - Overview of RD/RA Project Delivery and Considerations for Scoping your RD...

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