View
1
Download
0
Category
Preview:
Citation preview
Getting the Job Done:A Workshop on Acquisition and Emergency Response Contract Management
OSC Readiness 2004
Introduction
Raoul D. ScottActing Service Center Manager
Emergency Response Service Center
Programmatic Delegation Of Authority & Delegated Procurement Authority (DPA)
Claudia ArmstrongContract Specialist
Emergency Response Service Center
Discussion Topics
! Programmatic Response Authority! Delegated Procurement Authority
(DPA)! OSC Limited Warrants & Guidance! Procurement Tools Under DPA &
Required Training
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
Programmatic Delegation of Authority (Cont.) ! Delegations Are Region Specific! OSC Must Check With Regional
Management to Determine the Limitations of Their Programmatic Authority
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
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
Delegated Procurement Authority (DPA)! History
– A Recognized Need
! Programmatic Authority vs. Delegated Procurement Authority– Major Difference Between The Two
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
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
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
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
Warranted OSC Contracting Tools (Cont.)! Daily Work Orders/ TDD! Subcontract Consent ! Overtime! Cost Tracking
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
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)
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/
Questions???
Feel Free to E-mail or Call Me At:! E-mail: armstrong.claudia@epa.gov! Phone: (202) 564- 6679
Service Acquisition Reform Act (SARA)
Dave MurphyContract Specialist
Emergency Response Service Center
What Does Service Acquisition Reform Act (SARA) provide?
! Procurement flexibility! Reduces lead times! Streamlined procurement process
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
History of Procurement Flexibility
! Homeland Security Act! Service Acquisition Reform Act! FAC 2001-20
Homeland Security Act
! Introduced the NBCR criteria for increasing thresholds– $7,500 micro-purchase limit– $200,000 SAP– Unlimited Commercial Items
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
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
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
New Procurement Initiatives
! Expanding the industry base! Guidance document on vehicle
purchases
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
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
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
Guidance Document for Vehicle Purchases (Cont.)
! Develop an outline! In the early stages of an RFI
Contact Information
! Dave MurphyContract Specialist, OAM-SRRPODEmergency Response Services Center
Tel: 202-564-6595
Performance Based Service Contracting (PBSC)
Christine EdwardsContracting Officer
Emergency Response Service Center
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
What Does Performance Based Service Contracting Mean?
! Contractor assumes responsibility for contract success
! Government defines objectives! Contractor uses expertise to achieve
desired result
Elements of PBSC
! Performance Requirement (SOW/PWS)! Performance Standards (Measurable
Goals)! Surveillance Plan (AQL/Monitoring)! Incentives/Disincentives
Using the START PBSC Templates
! Fill in the Blank! Check/Pick List
Templates Incorporate the 4 PBSC Elements
Incentives/Disincentives
! Use Award Term Incentive in the START Contract (Appendix D)
! Create for individual TO/TDD
Are the Templates Required?
! Regions may develop their own tools but are required to meet the 40% PBSC Goal
START PBSC Activities
! Hazard Ranking Packages! Site Investigation Reports! Potentially Responsible Party Search! General Removal Activity! Others
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
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.
When Should Contractor Be Directed?
! When unsafe practices or other activities threaten human health and the environment
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
Using the Response Activity Template! Appendix C, Template 1! Example for using template to create
umbrella Emergency Response Task Order
Scenario/Example
! Michelle JasterOSC Region 5
! Other Examples from Class
Contact Information
! Christine EdwardsContracting Officer – OAM/SRRPODEmergency Response Service Center
Tel: 202-564-2182
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
Recommended