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APPENDIX G: Delivery Order Preparation and Processing OSWER Directive 9360.0-16a Guidance for Conducting Federal-Lead Underground Storage Tank Corrective Actions July 25, 1988

OSWER DIRECTIVE 9360.0-16A

To activate the ERCS contractor and initiate cleanup at a Federal-lead UST corrective action, a Delivery Order (DO) must be prepared and issued. All DOs will be issued by Ordering Officers (e.g., Regional Deputy Project Officers (DPOs), Headquarters Contracting Officers (COs), or EPA on-Scene Coordinators (OSCs); new warrants are being issued enabling OSCs to order services at UST cleanups) for individual corrective actions. These DOs will be issued on a fixed rate, indefinite quantity basis, with time and material provisions.

This appendix on DO preparation and processing describes procedures which address:

The procedures described in this appendix are applicable to both the ERCS zone contracts and the separate ERCS Regional contracts.

A. Oral Delivery Orders

As indicated, DOs can be issued orally to the ERCS contractors. This flexibility is designed to enhance response capabilities under the ERCS contract network. However, any oral order must be confirmed by a written DO within 48 hours.

When the ERCS contractor is contacted by telephone for purposes of orally issuing a DO, the Ordering Officer should simultaneously complete a Delivery order form (see Exhibit G-1) noting:

Some of these items can be completed before the call is made to the contractor. For example, the response location or the level of safety protection required may be known ahead of time and could be completed in advance.

By completing the Delivery Order form during (or for some items directly before) the discussion with the contractor, the Ordering Officer will:

The information recorded during issuance of the oral Delivery Order will be important should there be any dispute concerning the contractor's ability to provide the services within the required response time.

B. Delivery Order Completion and Processing Instructions

To formally initiate services performed by the ERCS contractor to conduct UST corrective actions, Ordering Officers must prepare written Delivery Orders. The DO Specifies the services to be performed by the ERCS contractor in executing a specific corrective action. Each DO establishes a ceiling amount that constitutes the maximum amount for which the government shall be liable. Instructions for the completion and processing of DOs are outlined below.

1. Delivery Order completion.

Delivery Order preparation is the responsibility of the Federal Ordering Officer. A standard format is used for the DO; all items in the DO should be completed as explained below and illustrated by the sample in Exhibit G-1.

The completed Do is signed by the Ordering Officer and issued to the contractor Program Manager or designee (e.g., on-site Response Manager). The contractor is required to acknowledge receipt of the DO in writing within one week or one half of the time specified for performance of the order, whichever is less, following receipt. The acknowledgement of receipt of the DO must be submitted to the Ordering Officer, with a copy forwarded to the CO.

It is the ordering officer's responsibility to make sure that the contractor submits an acknowledgement of receipt each time a DO is issued. The acknowledgement of receipt each time a DO is issued. The acknowledgement of receipt will help preclude misunderstandings between the Ordering Officer and the ERCS contractor over the terms and conditions of the DO. It will also serve as documented evidence when potential contractual actions are required to enforce the terms of a work order.

C. Delivery Order Modifications

During the course of an UST corrective action,it may become necessary to modify the Statement of Work, completion date, or ceiling amount specified in the DO. All such changes must be authorized in a written amendment of the DO using Standard Form 30 (See Exhibit G-2). If increased funding is required for a project, the existing DO should be amended; a new DO should not be issued.

Requests for amendments should be prepared by the Ordering Officer of the OSC and forwarded to the CO for approval. In most cases, requests and approvals can be handled over the telephone. The CO will prepare and sign the amendment and issue it to the contractor. Minor changes, such as adjustments in quantities of labor and equipment which will not result in an increase to the DO ceiling, can be provided directly to the contractor by the OSC. Such changes, however, should be noted in the written site documentation kept by the OSC, and should be forwarded in writing to the contractor and the CO.

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