Evaluating Debris Management and Monitoring RFPs May 16, 2018

Transcription

1 Evaluating Debris Management and Monitoring RFPs May 16, 2018

2 Evaluating Debris Management and Monitoring RFPs Course Introduction Welcome Administrivia Sign in Certificates at the End Participant Introductions Facilitator Introductions

3 Benefits of Having a Debris Contractor and Debris Monitor in Place Prior to a Disaster Saves time, money & stress Ensures a more comprehensive debris planning approach Eliminates confusion & mistakes

4 FEMA Regulations & Guidelines Improve the debris removal process Reduce the cost to tax payers Better options to the applicants

5 Results of Having Pre-Event Contracts & Debris Management Plan Educated & more proactive community More realistic & informed responses to RFP Allows contractors to become more familiar with the community Contractor is able to better gage the resources needed after a disaster Allows applicant more time to evaluate contractor proposals

6 Primary Results Evolving From FEMA s Actions 1. Pre-Event Contracts 2. Debris Management Plans

7 Results of Having a Pre-Event Contracts & Debris Management Plan Educated & more proactive community Response actions and early disaster recovery actions pre-planned and resourced; speeds community recovery More realistic & informed responses to RFP Allows contractor to become more familiar with the community Contractor is able to better gage the resources needed after a disaster Allows applicant more time to evaluate contractor proposals

8 Sandy Recovery Improvement Act of 2013 A.K.A. Alternate Procedures Pilot Program for Debris Removal Reduces cost to Federal Government Increases flexibility for applicants Speeds up the removal process Provides incentives to applicants Saves time & money

9 Accelerated Debris Removal Increased Federal Cost Share Contractor s Perspective & Challenges Sliding scale incentive for accelerated debris removal No pre-event contract means days wasted When does the time start? (Start Date of the Incident Period)

10 Accelerated Debris Removal Contractor s Perspective & Challenges Retention of revenues from recycling Time is limited to research options if no pre-event / management plan is in place Reimbursement of straight time for force account labor Do you have the personnel to dedicate to the project? Documentation required must keep complete & accurate records in case of an OIG audit years later. What about damages?

11 Contractor s Perspective Benefits of Having a Pre-Event Contract in Place Contractor can provide training & collaboration throughout the year Contractor & Client are able to build quality working relationships Contractor can help in identifying possible debris management sites (DMS) before a disaster occurs Securing area maps & identifying permitting requirements Time saving for client recovery after the disaster occurs Stand-by to immediate activation & mobilization Contractor can provide immediate help with damage assessments Critical facility road clearance can be in place immediately Early recovery efforts in debris removal can begin more deliberately and faster

12 Writing a Good RFP We ve talked about WHY we need a debris plan & a pre-event contract so, lets talk about HOW How do we develop a good RFP & select a Contractor If you wait until after the debris event. you never know what you will find when you start your preliminary damage assessment!

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18 Failing to Prepare is Preparing to Fail! Lack of preparedness leads to loss of confidence in the governing body by the citizens they serve! All disasters are local disasters first.and it can get political really quick!

19 Contracting in Assistance Projects Grantees and subgrantees often use contractors to help them carry out their Stafford Act grant awards Although the federal government is not a party to the contract, the grantee or subgrantee must comply with the conditions attached to a grant in awarding federally-assisted contracts Grantee/subgrantee must comply with the procurement requirements imposed by federal law, executive orders, and federal regulations These will control over nonfederal authorities (such as local government procurement rules) to the extent they conflict with federal requirements

20 Contracting in Assistance Projects Noncompliance with the federal procurement requirements may comprise a material failure to comply with the term of the disaster grant award and violate the FEMA-State Agreement

21 Procurement Audits Background Audits of FEMA disaster grants in FY 13 by Office of Inspector General (OIG) 30 recommendations related to grantee and subgrantee failures to adhere to the federal procurement standards OIG recommends deobligation of $130,245,816

22 Procurement Audits Common Findings Noncompetitive contracting practices Failure to employ required procedures to ensure small/minority/women-owned firms are used Cost-plus contracting

23 Procurement Audits Possible Consequences Temporarily withhold cash payments pending correction of the deficiency. Disallow all or part of the cost of activity or action not in compliance. Wholly or partly suspend or terminate the award program in question. Withhold further awards for the program. Take other remedies that may be legally available.

24 RFP Process How can you ensure you get the most qualified, capable & financially qualified contractor?

25 Contract Options Available to You Develop your own RFP & Bid State Contract Mutual Aid Agreements: Enter into a Memorandum of Understanding / Agreement with local County or neighboring City jurisdiction Piggy Back

26 DIY Methods of Procurement Sealed bids procurement, a formal method where bids are publicly advertised & solicited & the contract is awarded to the responsible bidder whose proposal is the lowest in price Competitive proposals procurement, similar to sealed bids procurement in which contracts are awarded on the basis of contractor qualifications instead of lowest price Non Competitive proposals procurement, proposals received from only one source Small purchase procedures procurement, securing services or supplies costing no more than $100,000 (FEMA 325 p , 44 CFR Part 13.36)

27 Points to Remember FEMA will want to see your contract for review so, have a copy of your contract (or agreement) on hand At least 3 qualified bids (rule of thumb) Responsible Bidder (key words not to be taken lightly) Cheaper is not always better! Maintain documentation to support all claimed costs, including those related to the procurement process!

28 Sometimes You Get What You Pay For!

29 RFP Development Team Who should be part of the process? Purchasing Emergency Management Engineering / Public Works / Road Dept. Solid Waste Environmental / Planning Administrator / legal advisor

30 Developing the RFP Utilize the FEMA guides for assistance & be familiar with local ordinances, statutes & state bid laws FEMA Public Assistance Program and Policy Guide FEMA 325 PA Debris Management Guide FEMA 322 Public Assistance Guide FEMA 327 Debris Monitoring Guide

31 FEMA Public Assistance Program and Policy Guide (PAPPG) V3.1, April 2018 The Public Assistance Program and Policy Guide (PAPPG) combines all Public Assistance (PA) policy into a single volume and provides an overview of the PA Program implementation process with links to other publications and documents that provide additional process details. This document incorporates and supersedes language from PA Program publications and 9500 Series documents. FEMA has archived superseded PA publications and policy documents at and

32 FEMA Super Circular 2 C.F.R. Part 200 (.321) Applies to all federal awards Contracting with small and minority business, women s business enterprises, and labor surplus Area Firms **Take all necessary affirmative steps to assure they are used when possible including: Placing Small and Minority Businesses on solicitation lists; Making sure they are solicited when ever they are potential sources Dividing total requirements when economically feasible into smaller quantities or tasks so as to permit maximum participation. Establishing delivery schedules where the requirement permits and encourages participation by small and minority business enterprises Using the services and assistance as appropriate, of organizations such as the Small Business Administration and the Minority Business Development Agency Requiring the prime contractor, if subcontracts are to be let to take the above affirmative steps listed above.

33 Creating a Good RFP

34 Creating a Good RFP Objectives of Your RFP Establishing the Objectives of your purchasing process dictates the details of the solicitation and the type and quality of information you receive back. Augmenting Forces (City/County resources) Rapid Response Damage Assessment Reliability Quality Work Time Frames Expense

35 Developing the Scope of Work Specific to Your Community Vegetation & C&D disposal DMS / landfill facilities White goods / e-goods / HHW/animals Leaners/ hangers & stumps Parks & greenways Demolition / asbestos Private property debris removal Recycling Citizen drop-off areas Sand reclamation & sifting Vehicle & boat reclamation Water (canals, beaches, etc ) Documentation Communication coordination Other services

36 Developing the Scope of Work Aligned With Your Fee Schedule Vegetation & C&D disposal Citizen drop-off areas DMS / landfill facilities Sand reclamation & sifting White goods / e-goods / HHW/animals Vehicle & boat reclamation Leaners/ hangers & stumps Water (canals, beaches, etc ) Parks & greenways Documentation Demolition / asbestos Communication coordination Private property debris removal Other services Recycling

37 Developing the Scope of Work Designed Around Your Environmental Regulations Method of reduction - burning, grinding & air curtain incineration

38 Common RFP Mistakes Copying someone s RFP or using generic RFPs may not fit your community needs Construction / Engineering RFP s do not fit disaster debris removal work Pricing doesn t match the scope of work Asking for hypothetical situations (pros & cons) Penalizing or disqualifying due to number of contracts Two different submittal formats

39 Common RFP Mistakes Cut & paste One year contracts Multiple contractors Lack of ranking / contractors Questions regarding deobligations / audits (non-specific) Redundancy (asking same questions two & three times) Limited number of pages with multiple requests

40 Contractor Selection What is a Debris Contractor? Management Company that supplies equipment, personnel & supervisory over-site for the removal & disposal of eligible debris in accordance with FEMA Public Assistance Policy. All while having the financial capability to sustain themselves without project interruption.

41 Contractor Selection Debris Management Companies Should Supply to their Client: Pre-qualified sub-contractors with equipment resources Field operations managers FEMA & environmental compliance specialists Safety coordinators Reduction specialists Damage assessment specialists Documentation specialists Audit assistance Public assistance coordination Training

42 Monitor Selection What is a Debris Monitor? Debris Monitors document and provide oversight of activities in the field Create an audit trail of removal and disposal of debris Necessary if applying for federal grants Record generated for activity in the field During large events, records may be in the hundreds of thousands Invoicing, project worksheets and reconciliation tied to records

43 What to Ask in an RFP Past experience Management team Equipment & subcontract resources Financial capability Litigation References

44 What to Ask in an RFP Past Experience Years of experience in disaster debris recovery Experience working with governmental entities Experience working with FEMA Experience in handling large projects 200K, 500K, 1M cy of debris Experience in managing multiple contract activations Experience working with monitoring companies

45 What to Ask in an RFP Management Team Company information Company organizational chart Experience / qualifications of the project management team working disaster debris removal projects Experience working with FEMA Understanding FEMA policy & regulations

46 What to Ask in an RFP Equipment & Sub-contract Resources REMEMBER: debris contractors are management companies They have resources & they manage resources Amount of company owned equipment Sub-contractor resources

47 What to Ask in an RFP Financial Capability Request a bid bond or bonding letter from a reputable bonding company Bonding company has a good rating Company hired has a large enough bonding capacity so that when their contract is activated, they have enough capacity to obtain the necessary bonding Payment & performance bond Should be requested at the time of the contract activation / NTP Requiring contractors to maintain a payment & performance bond at contract award / execution takes away the ability of the company doing other work & it also costs the company money they can not recoup

48 What to Ask in an RFP Financial Capability Letter of credit Request to know: Do they have a policy in place for paying their subcontractors? How the company pays their employees and subcontractors weekly? Who is paying the tipping fees?

49 What to Ask in an RFP Litigation Any one can be sued for ANYTHING! Ask the contractor if they have ever sued a client Ask the contractor if they have ever been sued by a client. Ask the contractor have they ever defaulted on a contract or had their bond revoked

50 What to Ask in an RFP References Ask for references Three, five. Or more! Give companies the ability to provide references that truly show their capability to perform. They may have to go back 5 years Understand people change jobs, people retire etc. Sometimes a person that worked for a city/county that had direct over-site of an operation may not be employed any longer

51 Overall Pricing Quality of Similar Work Firm Personnel Applicable Resources Response Time What to Ask in an RFP Evaluation Criteria Operations and Management Plan TDMS Plan Qualifications Experience References Ability to Handle Multiple Contracts Financial Other Presentation/Interview Subcontractors (MBE/SBE/VBE)

52 What to Ask in an RFP Evaluation Criteria Work Groups In your Work Groups, take 15 minutes to: 1. Identify the Disciplines in your Evaluation Team 2. Identify the Objective (s) of your RFP process 3. Identify your Evaluation Criteria 5-6 criteria to evaluate the proposals that helps you select a contractor that aligns with your objectives 4. Record your Disciplines, RFP Objectives, and Evaluation Criteria on Flip Chart paper provided 5. Be prepared to brief out on your work.

53 What to Ask in an RFP Evaluation Criteria Work Groups Work Groups Report Out Group 1 Group 2 Group 3 Group 4

54 Public Works Solid Waste Emergency Management Purchasing Environmental Specialist What to Ask in an RFP Evaluation Committee Jurisdiction s Debris Management Plan RFP Proposal s Scoring Matrix Score Sheets

55 What to Ask in an RFP Scoring Matrix Examples Select 100 points as the basis Price 20% 0-20pts Quality of Similar Work 30% 0-30pts Firm Personnel 20% 0-20pts Financial Capacity 10% 0-10pts Ability to perform multiple contracts 20% 0-20pts Select 100 points as the basis Price 30% 0-30pts Response Time 20% 0-20pts Operations and Management Plan 20% 0-20pts Qualifications 10% 0-10pts References 20% 0-20pts Presentation/Interview 0-20pts

56 What to Ask in an RFP Scoring Matrix Work Group In your work groups: Develop a Scoring Matrix for Proposals generated off your RFP Record your Scoring Matrix on Flip Chart paper provided Be prepared to briefly discuss your scoring matrix and why you chose that matrix; its strengths and any weaknesses.

57 What to Ask in an RFP Scoring Matrix Brief out Work Groups Report out: Group 1 Group 2 Group 3 Group 4

58 Document the Process Solicitation Development Solicitation Public Notice Locations, times, duration Receipt of Proposals Proposal Evaluation Process and Selection Committee Recommendation(s) Jurisdiction Review Elected Leader Action Contracting Process

59 What to Ask in an RFP At the end of the day, ask the following: Have I developed an RFP that will allow me to choose the BEST qualified management company that can fulfill the scope of work I have requested? NOT the CHEAPEST, but the BEST QUALIFIED!