2003 CPEO Military List Archive

From: Aimee Houghton <aimeeh@cpeo.org>
Date: 26 Sep 2003 16:58:19 -0000
Reply: cpeo-military
Subject: [CPEO-MEF] UXO Cleanup Through Fixed-Price Contracts
The Army Corps of Engineers has published the following notice of Solicitation Registration. The is the first part of a process that will ultimately result in the issuance of fixed price contracts for cleanup of OE/UXO. The actual RFP is scheduled for publication on October 17th.

This approach would require the contractor to be responsible for regulatory and stakeholder participation. This leads to the question of what standards private entities will be held accountable to.

Is it really feasible (or suitable) for fixed-price contracts to be issued for munitions response when there is no regulator approved cleanup standard, no scope of work, and requirements for regulatory and stakeholder involvement have not yet been set? It seems, from where I sit, to be a process that will ultimately result in cost overruns, ongoing disagreements about cleanup standards, and continued tension with the regulator and stakeholder communities.

I'm very interested in hearing other viewpoints.

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This requirement is for Fixed Price Response with Insurance (FPRI) contracts. A FPRI contract is a new performance based contracting vehicle that obligates the contractor to guarantee the fulfillment of a specific Army environmental clean-up objective for a fixed price. The contractor uses insurance to protect against cost overruns. This type of contract will allow the contractor the flexibility to use the most innovative techniques in order to close out the characterized sites in the most expeditious manner resulting in early regulatory closure.

These contracts will provide Ordnance and Explosives (OE) response action services at various Formerly Used Defense Sites (FUDS), active Department of Defense (DOD) installations, DOD sites identified under the Base Realignment and Closure Act (BRAC), property adjoining DOD installations, and other federally controlled/owned sites which have been impacted by OE Operations. OE response action services may occur at sites located in the continental United States and worldwide at which OE materials were previously stored, evaluated, disposed, or used for military training. OE is a safety hazard and may constitute an imminent substantial danger to site personnel and the local populace. These contracts will acquire the necessary services for the identification, location, removal, and disposal of OE at sites in CONUS and OCONUS.

The awardees will integrate, manage, and execute all specified aspects of OE response action services, to include system integration, data management, project planning, applying innovative technologies/approaches, removal and disposal of OE, regulatory interface and requirements, stakeholder involvement, community relations, media support, and documentation. The overall objective is to clean areas of OE to the extent that regulatory closure of the sites will be achieved.

A two-phase evaluation process will be utilized for source selection under this solicitation. Those respondents who are the highest-rated offerors in Phase I will be asked to make an oral presentation, which could include a question/answer session during Phase II. During Phase I, each offeror will submit a written proposal to discuss their corporate experience, their approach to an initial/actual or sample task order, proposed key personnel and other resources, and provide information and questionnaires requiring past performance information. This phase forms the basis for the down select to identify which offerors will have the opportunity to participate in the Phase II oral presentation/interview. Those offerors selected for participation in Phase II must make an oral presentation for evaluation of technical capabilities approach and safety and management capabilities. The contract will be awarded to the offerors who provide the best value upon evaluation of all factors.

This acquisition will be conducted on full and open competitive basis Fulfilling individual requirements for supplies and services will be achieved under the procedures of Federal Acquisition Regulation, Part 16.505 (Orders under multiple award contracts), by the implementation of task orders issued under the proposed contracts. Fair Opportunity requirements under Section 803 of Public Law 107-107 and implementing DFARS guidance will be utilized with award of task orders under the resulting contracts. Small businesses are encouraged to apply if they can demonstrate the ability to obtain insurance and successfully execute the projects.

The period of performance is for a 2-year base period with 3 one-year optional periods of performance. A single solicitation is proposed for award of multiple contracts. The award will be up to 3 indefinite delivery/indefinite quantity type contracts, for OE response actions, with work ordered by issuance of task orders. The contract will be performance based. The estimated maximum dollar value, including options, for the contracts awarded will be a total of $250 million. There will be a total minimum guarantee for the base year of $500,000.00, which will be divided by the number of contracts awarded. This is not a request for proposals (RFP). It is anticipated that the RFP will be released on or about 17 October 2003 with proposals due on or about 02 December 2003.

All documentations related to this notice can be found on the following websites: http://www.hnd.usace.army.mil/EBS/ASP/AdvertisedSolicitations.asp, and www.hnd.usace.army.mil/oew/busops.html (look under OE Response and Services CONUS and OCONUS).

The services or supplies to be procured under this RFP are classified in the North American Industrial Classification System Code (NAICS), which is 562910, Environmental Remediation Services. In accordance with DFARS 204.7302, prospective contractors must be registered in the Central Contractor Registration (CCR) database prior to award of a contract. Lack of registration in the CCR on the part of an offeror will make an offeror ineligible for award. Offerors may obtain information on registration and annual confirmation requirements by calling (888) 227-2423 or via the Internet at . The Government does not intend to acquire a commercial item under this proposed acquisition. See Numbered Note and 26.

Aimee R. Houghton
Associate Director, CPEO
1101 Connecticut Avenue, NW, Suite 1000
Washington, DC 20036
tel: 202-452-8039; fax: 202-452-8095
Email: aimeeh@cpeo.org

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