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

EPA-lead RD and RA - Overview of RD/RA Project Delivery and Considerations for Scoping - PowerPoint Presentation

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EPA-lead RD and RA - Overview of RD/RA Project Delivery and Considerations for Scoping - PPT Presentation

Kate Garufi EPA HQ Purpose Focus on EPAlead RDRA projects Communicate the importance of considering RDRA project delivery early in the RD scoping process Change the stovepipe paradigm for scoping EPAlead RD and RA projects ID: 695950

sow design project remedial design sow remedial project epa action contracting contractor delivery strategy site contracts contract scoping performance

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Slide1

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

Kate Garufi, EPA HQSlide2

PurposeFocus on EPA-lead RD/RA projects

Communicate the importance of considering RD/RA

project

delivery early in the RD scoping processChange the “stovepipe” paradigm for scoping EPA-lead RD and RA projectsDiscuss big picture considerations when developing your RD and RA SOWDiscuss 3 RD/RA examples Project delivery considerationsSOW development considerations

2Slide3

OutlineOverview of the Remedial Acquisition FrameworkRD/RA Project Delivery Strategy

Statement of Work

Overview

Developing the RD SOWDeveloping the RA SOWExamples

3Slide4

Overview of the remedial acquisition framework4Slide5

Existing ContractsSuperfund RD and RA services delivered primarily through:

Interagency Agreements;

Cooperative Agreements; or

EPA Remedial Action Contracts (RACs)RACs provide “cradle to grave” support for the remedial programDirect RD supportSubcontract RA

5Slide6

Remedial Action ContractsRegionally awarded and administeredSingle solicitation/single

award contracts

At least two per Region

Work Assignment (WA) or Task Order (TO) ID/IQ ContractsTO/WA ProcessGenerally Cost reimbursableNo competition between RAC firms

6Slide7

Remedial Acquisition FrameworkEPA contracts will not longer be “cradle to grave” contracts

Separate 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

7Slide8

Major Changes that Impact RPM role (and SOW development)

National Contracts

Competition

at the task order levelDirect contracting for remedial action

EPA –

CONTRACTING PARTY

RPM

Contracting

Officer

RA Contractor – Constructor

Construction Superintendent –

On-Site Rep

8Slide9

Additional information on RAFThe 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.

9Slide10

Questions?10Slide11

RD/RA project delivery strategy11Slide12

What is a RD/RA Project Delivery Strategy?

Strategy includes decisions regarding:

Design type (detail of specifications)

Remedial action contracting strategyProcurement approachRemedial action

c

ontract

t

ype

MUST be discussed and considered early when scoping the design

12Slide13

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 critical

Communication 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

13Slide14

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

14Slide15

Remedial DesignThe 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.

15Slide16

Types Remedial Design SpecificationsDetailed (Prescriptive)

Outline exactly how the remedial action contractor should perform the activities

Performance-based

Focus on outcomes or results rather than a process16Slide17

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)

17Slide18

Remedial Action Contracting StrategyProcurement Approach

Sealed bid

Two-step sealed bid

NegotiatedRemedial Action Contract TypeFirm Fixed PriceFixed RateConst Reimbursable Time and Materials

18Slide19

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 characterizationSite complexityManagement effortFinancial 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

19Slide20

Relationship Between Site Characterization Certainty and Cost

Cost

Increasing

Certainty Increasing

20Slide21

Matching Site Type to Appropriate Contracting StrategyDetermine level of certainty associated with site characterization

High certainty = less flexible strategy

Low certainty = more flexible strategy

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

21Slide22

Considering Management Effort

22Slide23

Considering Financial RiskBorne primarily by the contractor

Fixed price contracts

Shared by contractor and government

Time and material contractsBorne primarily by the governmentCost reimbursement contractsLess certain site characterization and increased site complexity require government to share financial risk

23Slide24

Considering Cost Control

24Slide25

How on earth do I track all of this stuff??

Use a project risk register!

25Slide26

Questions?26Slide27

Statement of work overview27Slide28

What is a Statement of WorkDefinition: 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

28Slide29

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

29Slide30

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 performance30Slide31

Different types of SOWsPrescriptive

Performance-based

31Slide32

Prescriptive SOWRequirements 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 document32Slide33

Performance-Based SOWRequirements described in terms of end

result (measurable outcome) versus how to get there

Provides a basic, top level objective(s) of the

acquisitionEnable assessment of work performance against measurable performance standardsContractor provides labor mix and skill set solutions to fulfill the requirementUsed when the Government intends to provide maximum flexibility to each offeror to propose an innovative approachChange is scope

and adjustments to the process without

modification as long as goals are met

33Slide34

Developing the remedial design statement of work34Slide35

Scoping the RD SOWThe information contained in the RI/FS, ROD and any subsequent investigation activities should serve as the initial building block for developing the

RD SOW

Identify remedial action objectives, cleanup levels

Identify technologies and level of detail under which the remedy is describedIdentify level of site characterization conducted during the RI/FS

35Slide36

Developing the RD SOWFive 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; andSchedule36Slide37

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

37Slide38

RD SOW Best Management PracticesInclude 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.

38Slide39

Two RD delivery methodsEPA contracts directly with the designerEPA contractor

USACE, State, or Tribe does work in house

EPA does not contract directly with the designer

USACE contracts with designerState/Tribe contracts with designer39Slide40

EPA contracts directly with the designer

40

EPA –

CONTRACTING PARTY

RPM

Contracting

Officer

Design Contractor

Design

EngineerSlide41

RD SOW components for EPA contractsIntroduction (5 musts!)

General Requirements

Schedule

Project Planning and SupportSite-specific plansCommunity RelationsPre-design investigationData AcquisitionSample Analysis

Data Evaluation and Support

Treatability Study

Design Deliverables

Preliminary/Intermediate/Prefinal and Final

Post Remedial Design Support

41Slide42

EPA does not contract directly with the designer

42

EPA

Contracting Party:

USACE

State/Tribe

RD Subcontractor

Design EngineerSlide43

RD SOW components for IAs and CAsIntroduction (5 musts!)

General Requirements

Schedule

Site specific plansReportingPre-design InvestigationProcurement of RD subcontractSubcontract management supportContractor oversight and reporting

Project Closeout

43Slide44

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 design

Critical 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!

44Slide45

Questions?

45Slide46

Developing the remedial action statement of work46Slide47

Scoping the RA SOWThe 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)

47Slide48

Developing the RA SOWThe 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 designDetailed 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

48Slide49

RA SOW Best Management PracticesConsider 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 designEvaluate 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

49Slide50

Two delivery methodsEPA contracts directly with the remedial action contractor

EPA does not contract directly with the designer

50Slide51

EPA contracts directly with the remedial action contractor

EPA –

CONTRACTING PARTY

RPM

Contracting

Officer

RA Contractor – Constructor

Construction Superintendent – On-Site Rep

51Slide52

RA SOW components for EPA contracts - prescriptive

Introduction

General Requirements

Project Planning and SupportCommunity InvolvementSite specific plansProject RequirementsManagementImplement designQA/QC

Deliverables

Schedule

52Slide53

RA SOW components for EPA contracts – performance-based

Introduction

General Requirements

Project Planning and SupportCommunity InvolvementSite specific plansPerformance RequirementsTechnical Project ManagementDeliverables

Schedule

53Slide54

EPA does not contract directly with the remedial action contractorOld RAC model

USACE or other Federal Agency (IA)

State or Tribe (CA)

54

EPA

RPM

CONTRACTING PARTY

RAC

Contractor

USACE

State/Tribe

RA Subcontractor – Constructor

Construction Superintendent –

On-Site RepSlide55

RA SOW components for IAs and CAsIntroduction

General

Requirements

ScheduleProject Planning and SupportCommunity InvolvementSite specific plansProcurement of subcontractSubcontract management supportDetailed resident inspection

Cleanup Validation

Project Closeout

55Slide56

Considerations when scoping the RA SOW for IAs and CAs

The USACE or State/Tribe will develop the SOW for the

remedial action

contractorImportant 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

56Slide57

RD and RA SOW examples

57Slide58

Overview3 ProjectsGroup survey to determine RD/RA project

d

elivery strategy

Given the RD/RA project delivery strategy, discuss:RD SOW development RA SOW development58Slide59

Things to ConsiderRD/RA Project Delivery Strategy considerations:

Site characterization

Site/remedy complexity

Contract flexibility needsCost control considerationsOversight needsRD 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?

59Slide60

Project #1Residential 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

60Slide61

Project #2DNAPL contamination present in saturated zone under an abandoned building

Nature and extent of contamination not well defined

Remedy calls for thermal treatment of source zone

Remedy goal: Reduce source area by 90%61Slide62

Project #362

PCB contamination in St. Lawrence

River

Heavy tidal influence Heavy boat trafficRemedy includes dredging on PCB contamination > 50 ppb and capping of PCB contamination < 50 ppbSlide63

Helpful ReferencesOSWER 9355.0-43,

Guidance

for

Scoping the Remedial Design, March 1995. http://www.epa.gov/superfund/cleanup/pdfs/rdra/scopingrd.pdfOSWER 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

63Slide64

Questions64