a workshop on acquisition and emergency response contract ... …€¦ · subcontract consent !...
TRANSCRIPT
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Getting the Job Done:A Workshop on Acquisition and Emergency Response Contract Management
OSC Readiness 2004
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Introduction
Raoul D. ScottActing Service Center Manager
Emergency Response Service Center
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Programmatic Delegation Of Authority & Delegated Procurement Authority (DPA)
Claudia ArmstrongContract Specialist
Emergency Response Service Center
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Discussion Topics
! Programmatic Response Authority! Delegated Procurement Authority
(DPA)! OSC Limited Warrants & Guidance! Procurement Tools Under DPA &
Required Training
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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
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Programmatic Delegation of Authority (Cont.) ! Delegations Are Region Specific! OSC Must Check With Regional
Management to Determine the Limitations of Their Programmatic Authority
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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
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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
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Delegated Procurement Authority (DPA)! History
– A Recognized Need
! Programmatic Authority vs. Delegated Procurement Authority– Major Difference Between The Two
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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
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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
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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
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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
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Warranted OSC Contracting Tools (Cont.)! Daily Work Orders/ TDD! Subcontract Consent ! Overtime! Cost Tracking
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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
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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)
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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/
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Service Acquisition Reform Act (SARA)
Dave MurphyContract Specialist
Emergency Response Service Center
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What Does Service Acquisition Reform Act (SARA) provide?
! Procurement flexibility! Reduces lead times! Streamlined procurement process
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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
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History of Procurement Flexibility
! Homeland Security Act! Service Acquisition Reform Act! FAC 2001-20
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Homeland Security Act
! Introduced the NBCR criteria for increasing thresholds– $7,500 micro-purchase limit– $200,000 SAP– Unlimited Commercial Items
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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
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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
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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
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New Procurement Initiatives
! Expanding the industry base! Guidance document on vehicle
purchases
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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
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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
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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
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Guidance Document for Vehicle Purchases (Cont.)
! Develop an outline! In the early stages of an RFI
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Contact Information
! Dave MurphyContract Specialist, OAM-SRRPODEmergency Response Services Center
Tel: 202-564-6595
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Performance Based Service Contracting (PBSC)
Christine EdwardsContracting Officer
Emergency Response Service Center
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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
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What Does Performance Based Service Contracting Mean?
! Contractor assumes responsibility for contract success
! Government defines objectives! Contractor uses expertise to achieve
desired result
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Elements of PBSC
! Performance Requirement (SOW/PWS)! Performance Standards (Measurable
Goals)! Surveillance Plan (AQL/Monitoring)! Incentives/Disincentives
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Using the START PBSC Templates
! Fill in the Blank! Check/Pick List
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Templates Incorporate the 4 PBSC Elements
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Incentives/Disincentives
! Use Award Term Incentive in the START Contract (Appendix D)
! Create for individual TO/TDD
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Are the Templates Required?
! Regions may develop their own tools but are required to meet the 40% PBSC Goal
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START PBSC Activities
! Hazard Ranking Packages! Site Investigation Reports! Potentially Responsible Party Search! General Removal Activity! Others
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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
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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.
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When Should Contractor Be Directed?
! When unsafe practices or other activities threaten human health and the environment
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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
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Using the Response Activity Template! Appendix C, Template 1! Example for using template to create
umbrella Emergency Response Task Order
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Scenario/Example
! Michelle JasterOSC Region 5
! Other Examples from Class
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Contact Information
! Christine EdwardsContracting Officer – OAM/SRRPODEmergency Response Service Center
Tel: 202-564-2182
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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