Remedial Action Contract Toolkit U.S. EPA OSWER Office of Superfund and Remediation Technology Innovation

Transcription

1 Remedial Action Contract Toolkit U.S. EPA OSWER Office of Superfund and Remediation Technology Innovation The U.S. Environmental Protection Agency (EPA) Office of Superfund and Remediation Technology Innovation (OSRTI) offers the Remedial Action Contract Toolkit to help EPA remedial project managers (RPMs), on-scene coordinators (OSCs), and procurement offices prepare contracts that encourage innovative approaches to site cleanup, such as green remediation. The Toolkit helps users: Identify opportunities throughout the remedial action contract (RAC) placement and execution process to incorporate requirements or preferences regarding innovative cleanup strategies [following matrix] Understand how pertinent language is integrated into existing EPA contracts [appendix] Incorporate or adapt specific contract and task order language encouraging or requiring use of innovative strategies Toolkit elements can be adapted to contract mechanisms used by EPA, other government agencies, or private organizations, such as: Emergency and Rapid Response Services (ERRS) Superfund Technical Assessment and Response Team (START) Environmental Services Assistance Team (ESAT) RCRA Enforcement, Permitting, and Assistance (REPA) U.S. Army Corps of Engineers (USACE) contracts Site-specific contracts for remedial action OSRTI welcomes suggestions regarding additional opportunities, other sample language, or alternative contract mechanisms for encouraging or requiring innovative approaches to site cleanup. To obtain more information or offer comments, visit the Brownfields and Land Revitalization Technology Support Center ( or contact: Carlos Pachon, Senior Program Analyst Office of Superfund Remediation and Technology Innovation Office of Solid Waste and Emergency Response EPA Headquarters (703) Matthew Monsees, Chief Superfund Contracts/Grants Section Superfund Support Branch EPA Region 4 (404) monsees.matthew@.epa.gov Page 1

2 Planning the Procurement - Get group of RPMs, Project Officers and Contracting Officers together a year before RFP is issued to discuss how to craft contract to encourage innovative strategies. Consider additional conversations with USACE, BLM, DOT, and other agencies. Compare notes and share ideas. - Use this team as an advisory group for all pre-award activities, listed below. - Review contracts at other agencies for similar work to see how they are written. Talk to peers at other agencies (USACE, DOD, Interior, etc.) to get ideas. - Prepare new SOW language which suggests recommended innovative technologies that can be used in various stages during the remedial activities (RI/FS, RD, RA, LTRA, and O&M.) This may be incorporated at the contract level, and may also be done at the Work Assignment (WA)/Task Order (TO) level.) RAC Designated Lead is Angela Edwards of OSRTI. The OAM SRRPOD Service Center Manager in charge of RACs is Jeanne Poovey. Advisory group of RPMs, POs, and COs to be established. Users of the contract will have direct influence on how the contract is structured. Field personnel can suggest ideas for encouraging the use of innovative approaches. Pre-Award Activities Establishing Contract Type - Consider performance-based contracts which provide incentives (positive or negative). True performancebased contracts permit contractor to decide on approach. Structure incentives to focus in part on use of innovative strategies. Consider use of Award Fee contracts and establish Award Term contracts, if the region is willing to commit the resources needed to manage such contracts. - If region has the resources to manage this approach, structure multiple award RAC contracts so contractors compete for work; use of innovative approaches can generate a higher technical score at WA level. - Make contract flexible so different types of TOs, delivery orders (DOs) or WAs can be issued. Use each type as appropriate for fostering use of alternative approaches to work. If feasible, structure contract to allow for a WA or TO-specific monetary bonus/award term to seek out and implement/use green technologies. Same as above. Contracts will have built-in incentives for suggesting and utilizing innovative strategies. - Consider site-specific contracts where such vehicles will enable and incentivize innovative approaches. (NOTE: It may not be possible in all situations to make these performance-based, since contractor may need to comply with design specifications.) Region may want a combination of full-service RACs and RAC lites. Writing the Contract SOW - Clearly establish requirements in SOW for contractor to consider or utilize innovative approaches where appropriate. - Using Work Breakdown Structure, go through SOW task by task to identify areas where using innovative strategies is feasible. Write specific language under each task, as appropriate. (NOTE: This can also be used at the WA/TO level.) Same as above. Contracts will contain specific provisions for alternative approaches in each area of SOW. - Provide an attachment showing possible innovative technologies that can be used in various stages during the remedial activities (RI/FS, RD, RA, LTRA, and O&M.) Page 2

3 Establishing Contract Terms and Conditions - Provide for reduced burdens on contractor if they utilize innovative approaches (e.g., relieve them from some contractual requirements, if possible and appropriate e.g., certain reporting requirements). There should be specific limits on these allowances. - Relieve contractors from legal liability, if possible, when using new, untested technology. (NOTE: OGC must be consulted.) - Establish standard reporting requirements for proposed innovative strategies. Include a requirement to evaluate the success of each new strategy. Same as above, plus OGC advice for liability language. Contracts will have built-in incentives. Contractors will be more willing to take risks. EPA will have data on alternative strategies. Pre-Award Activities (cont.) Developing Evaluation Criteria and Selecting Contractors - Provide contingencies affecting the exercise of optional periods of performance or increases in levels of effort that address the contractor s willingness to use innovative strategies (Award Term Options). -Request that technical proposals include various approaches for evaluating and utilizing innovative cleanup strategies. Develop evaluation criteria that consider an offeror s use of innovative technologies. Assign higher scores to contractors who have a proven track record in this area and are willing to continue to try new approaches to the work. Base selection, in part, on a firm s commitment to environmental sustainability, including the implementation of an Environmental Management System. Recognize that higher costs may be a result of alternative strategies. - Require contractors to fill out Section H of SF 330 to describe their accomplishments and results in the use of alternative strategies. - When evaluating past performance, require specific references from officials who have direct knowledge of offerors' experience with innovative approaches. Same as above, plus experts for various innovative strategies. Higher scores will be possible for offerors that have experience, expertise, and willingness to consider alternative approaches. EPA will have a cadre of contractors who are experienced in these areas and willing to take some risks. - Use RPMs or other specialists who can evaluate innovative approaches as members of TEP or advisors to help evaluate this part of proposal. Page 3

4 General - Clearly establish a preference for contractors that consider or utilize innovative approaches. Request a section in the contractor s work plan to demonstrate how the contractor will use innovative technologies such as green remediation during the various stages of the project. - Request that contractors propose alternative approaches, where appropriate. - Request life cycle analysis for various approaches offered, where appropriate. - Be prepared to modify the statement of work (SOW), if necessary, once an approach has been selected. - Using a work-breakdown-structure approach, go through SOW task by task to identify areas where using innovative strategies is feasible. Write specific language under each task, as appropriate. RPMs are generally responsible for writing WA SOWs and developing the IGCEs. The advisory group of RPMs, POs, and COs to be established could be useful resources to help identify the latest innovative strategies. The individual WAs will provide the most detailed information and requirements on site level activities and can be used to outline specific requirements or state preferences for the use of innovative cleanup strategies. During Contract Performance Writing a Work Assignment/Task Order RI/FS - Given flexibility in the contract, develop specific monetary bonus/award terms to seek out and implement/use green technologies. - Draft WA/TO to require the use of innovative approaches, like Triad or optimization, on appropriate tasks related to RIs. - Suggest remedial alternatives screening evaluate at least one innovative approach or include additional factors focused on innovation within existing evaluation criteria for all alternatives evaluation. - Highlight sustainability or other green requirements as additional factors within evaluation criteria for remedy selection. - Require life-cycle cost analyses to include cost impacts of sustainability (energy consumption and waste reduction, increased durability, reduced operations and maintenance requirements, etc.). - Require any specific innovative approaches in a "Design Approach". RD - Include reuse planning requirements to ensure long-term protectiveness and sustainability. - After evaluating system/project performance and results, require a report on opportunities to include innovative strategies in any system redesign. O&M - Amend WAs/TOs, if necessary, in cases where innovative strategy would reduce time or cost, or would be more protective. Page 4

5 Reviewing and Approving Work Plan - Evaluate any alternative approaches. Request that contractors state how they plan to use innovative technologies, such as Green Remediation, during the various stages of the WA/TO, and have them present the pros and cons of utilizing various approaches. They should document additional costs, scheduling impacts, and potential contingencies. - Negotiate with the contractor if their approach is not acceptable. Focus on the need for the contractor to be cost efficient and practical when proposing innovative technologies. - Evaluate any tradeoffs with traditional approaches before approving. RPMs are responsible for reviewing the technical approaches contained in work plans but the PO/COs must be intimately involved to facilitate any negotiations. Negotiation on technical approach and cost allows refinement and EPA approval of innovative approaches. During Contract Performance (cont.) Evaluating Performance - Ensure, after negotiations, that the final work plan documents all agreements and understandings in implementing the remedial work while using practical innovative technologies. - Provide recognition of contractors that use innovative strategies during the annual evaluation in the NIH Contractor Performance System or any other performance evaluation. (There is no separate NIH category for this, but the PO can include this in the overall performance ratings.) If a contractor s score is borderline between two levels, this may push them into a higher bracket. - If the contract is performance-based, measure performance and apply rewards accordingly. - If the contract is Award Fee type, evaluate the performance in accordance with established criteria, which can include the use of innovative strategies. (NOTE: Award Fee criteria can be changed unilaterally by the Government for future periods, pursuant to the clause set forth in EPAAR ). RPMs complete monthly review and PO and COs are involved in annual review. Financial incentives are persuasive way to encourage innovation. Recognition of Contractors - Exercise contract options contingent upon satisfactory performance, which may include successful use of innovative strategies. - Establish an annual Contractor s Innovation Award for contractors that implement innovative cleanup strategies use on a regional or national basis. - Write letters to contractor corporate officers commending them on their use of innovative approaches. Process for individual contractor recognition differs in each Region. National recognition would be granted by advisory group of RPMs, POs, and COs. Recognition will encourage use and provide reference for contractors subsequent bids. - Send report cards to all contractors on how well the Government considers they have done in this area. Page 5

6 Appendix: Sample Contracting Language from Various Current Contract Mechanisms 1. Remedial Action Contract (RAC) Region 9 RAC II SOW Clean Air In the performance of all activities performed under this contract, the contractor shall where directed by EPA use cleaner engines, cleaner fuel and cleaner diesel control technology on diesel powered equipment with engines greater than 50 horsepower whether the equipment is owned or rented. Direction will be provided on a Task Order by Task Order basis. The contractor shall provide a break-out cost for each task order in accordance with the instruction in contract clause addressing Task orders. Cleaner engines include non-road engines meeting Tier I or cleaner standards and on-road engines meeting 2004 On- Highway Heavy Duty Engine Emissions Standards or cleaner, whether the equipment is owned or rented. Cleaner fuels include biodiesel blends or ultra low sulfur diesel. Cleaner diesel control technology includes EPA or California Air Resources Board ("CARB") verified diesel particulate filters ("DPFs") or diesel oxidation catalysts ("DOCs"). The contractor shall track emissions reduced (i.e., tons of diesel particulate matter reduced) associated with using cleaner diesel equipment and fuels. Renewable Energy The contractor shall evaluate all reasonably feasible renewable energy sources when conducting work related to selecting a cleanup remedy, constructing a cleanup remedy, and when optimizing an existing cleanup remedy. Sources of renewable energy include solar, wind, and biomass and biogas. Examples of renewable energy technologies include photovoltaic panels, wind turbines, digesters, gasifiers, and micro turbines. Part of evaluating renewable energy sources and technologies will involve a cost analysis, comparing the energy costs from renewable sources versus traditional electricity sources provided by local utilities, over the expected life of the cleanup remedy. Similarly, an evaluation of the avoided emissions as a result of using renewable energy sources versus traditional energy sources provided by local utilities shall be performed. The contractor shall also evaluate the cost of purchasing green power from organizations that offer green power within the appropriate state. Region 4 RAC II Synopsis (RFP Not Issued) Evaluation Criteria Professional Qualification and Management Ability: ability to develop innovative management strategy to minimize costs and streamline schedules and effectiveness and accomplishments of firm s Quality Environmental Management System on overall reduction of greenhouse gas emissions. Region 5 RAC Procurement Personnel Qualifications: Working knowledge of current innovative treatment technologies. 2. Emergency and Rapid Response Services (ERRS) Region 1 ERRS SOW Other existing or innovative treatment and disposal technologies may also be required by Task Orders issued under this contract. The T&D coordinator shall provide the following services: Provide the RM and OSC cost effective treatment options based on a working knowledge of available traditional and innovative treatment technologies. Region 9 and 10 ERRS SOW Clean Technologies Page 6

7 Appendix (continued) The contractor will use clean technologies and/or fuels on all diesel equipment to the extent practicable and/or feasible. The preference is for clean diesel technologies, but alternative fuels, such as biodiesel or natural gas-powered vehicles are also acceptable. These alternative fuels will be used where they are available within a reasonable distance to sites. For equipment retrofits, the contractor will employ the Best Available Control Technology (BACT) on non-road and on-road diesel powered equipment used at a site. Examples of clean diesel technologies include diesel particulate filters (DPFs), and diesel oxidation catalysis (DOCs). For alternative fuels usage, the contract will use at least a B20 blend (i.e., 20% biodiesel and 80% petrodiesel) or higher in the equipment engines that are used at a site. 3. Superfund Technical Assessment and Response Team (START) Region 7 START General Technical Support The contractor shall provide information, analysis, options, and recommendations for implementing emerging technologies and maintaining program currency. Region 7 START Environmental Preferable Practices The contractor shall, to the greatest extent practical, utilize environmentally preferable practices in their course of business. Environmentally Preferable is defined as products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. Consideration of environmentally preferable practices must be consistent with price, performance, availability, and safety conditions. This includes, but is not limited to, doing those environmentally related activities and purchasing those product listed in Attachment 6 of the solicitation entitled Environmentally Preferable Practices. NOTE: The products listed are only examples; EPA does not endorse any of these products or practices. EPA shall make all final determinations as to the acceptability of a contractor s chosen products and practices. At the contractor s option, EPA will encourage the contractor to engage in environmentally preferable practices to the maximum extent practicable. Please report any environmentally preferable practices, however it is merely for information purposes and will not be evaluated by EPA. Region 7 START Performance-Based Task Orders Some task orders under this contract may be negotiated and issued on a performance based basis. The issuance of a performance based task order means the contractor will have greater flexibility in its approach to accomplish the task order, and that the Government will exert less direction on how the work is to be performed. 4. Regional Oversight Contract (ROC) Region 7 ROC III Procurement Amendment 1 Specialized Experience and Technical Competence: experience in developing innovative technical approaches, tools and technologies and experience in innovations and ideas relating to energy conservation, pollution prevention, waste reduction, and the use of recovered materials. Page 7