Underground Storage Tanks

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:

• Oral Delivery Orders;
• Delivery Order completion and processing; and
• Delivery order modifications.

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:

• Date and time of the order (all references to time specified in the DO should reflect the local time of the location where services are to be provided);
• contractor representative contacted (should be a person authorized to commit the contractor) and telephone number;
• Response location;
• Date and time the contractor is required on site;
• Date and time the contractor agrees to be on site; and
• Brief narrative of the services (e.g.,personnel, equipment, and materials and level of protection (e.g., health and safety) required.

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:

• Provide the contractor clear direction on the services needed;
• Document personnel, equipment, and materials expected on site;
• Establish the OSC-Response Manager site management relationship, and
• Facilitate completion of the written DO issued to the contractor at the site.

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.

• Date of Order (Box 1): Enter the date of issuance of the DO to the contractor.
• Contract Number (Box 2): Enter the contract number (e.g., 68-01______) of the ERCS contract under which services are being ordered. The final four digits of this number vary; call the CO to obtain the current contract number.
• Order Number (Box 3): Enter a nine (9) digit DO number which sequentially consists of :

  - Last four digits of the contract number (see Box 2 above);

  - EPA Region (e.g., 01, 02, ...10); and

  - Three digit number representing the sequence of the DO being issued in the Region or Agency.

• Time of Initial Order (Box 4): Enter the time of issuance of the DO. All references to time on the DO should reflect the local timeout the site where the services are to be provided.
• Delivery Order Ceiling Amount (Box 5) : Enter the total estimated cost of contractor personnel, equipment, and materials for which the order is being placed. The ceiling amount represents the amount obligated by the government for the corrective action. The OSC's/Ordering Officer's authority to obligate the government for UST response is limited to $50,000. All initial DOs or Order modifications for amounts greater than the initial $50,000 must be obligated by the CO. Under no circumstances may the ERCS contractor develop the cost estimate used here. This is the sole responsibility of the Federal Ordering Officer who may, however, with Project Officer approval, seek the assistance of the Technical Assistance Team (TAT) contractor or EPA's Environmental Response Team (ERT) in developing the estimate.
• Accounting and Appropriation Data (Box 6): Accounting and appropriation data consist of four numbers, which should be entered as follows for UST actions:

  - Appropriation Number: 68-20X8153 (does not change).

  - Account Number and Document Control Number (DCN):

  Represented by ten(10) and six (6) character numbers, respectively. These numbers will be obtained by the ERD Regional Coordinator from the Headquarters Financial and Administrative Management Support Staff (FAMS) for all actions given prior Headquarters approval. If the Region's $50,000 allocation is being used (i.e., the emergency criteria in section 4.1.1 have been met), the Region should use its own numbering system developed by the Regional Financial management Officer.

  - Object Class Code: 24.35 (for all EPA program contracts; does not change).

• Issued To: Contractor (Box 7A): Self-explanatory.
  

• Program Manager (Box 7B): Enter the name and phone number of the contractor representative authorized to receive the DO and commit contractor resources to provide the services and supplies required to complete the Statement of Work.

• Response Manager (Box 7C): Enter the name and phone number of the contractor representative designated by the Program Manager as the single point of contact for on-scene coordination and responsible for management and execution of cleanup activities as specified by the OSC or other designated Federal officials.

• EPA Region/USCG District (Box 8A): Self-explanatory.

• EPA Region/USCG District (Box 8B: Enter the number for the EPA Region; the USCG District does not apply for Federal-lead UST corrective action.

• Zone (Box 8C : Enter the number of the ERCS zone where the site is located:

  Zone 1 - Regions I-III

  Zone 2 - Region IV

  Zone 3 - Region V

  Zone 4 - Regions VI - X

• On-Scene Coordinator (Box 8D) : Self-explanatory. Response Location (Box 9) : Enter the location of the release of site where services are to be performed by the contractor.

• Contractor Required on Site (Box 10) : Enter the date and time contractor personnel, equipment, and materials are required on site to implement the corrective action.

• Required Work Completion Date (Box 11) : Enter the anticipated date by which contractor services are to be completed. Estimates are acceptable and dates may be revised through modifications issued by the CO.

• Statement of Work (Box 12) : This block contains the description of the services to be performed by the ERCS contractor. The Statement of Work should not be so narrow as to restrict the contractor's effort nor so broad as to permit the contractor to explore areas having little relationship to the desired work. The block should either contain, or refer to attachments that contain:

  - Statement of Work, including a task breakdown and schedule;

  - Site-specific institutional requirements of clearance that must be obtained by the contractor (e.g., permits for transportation and disposal of wastes or right-of-way clearances); and

  - Any plans, including a site operations plan, health and safety plan, or quality assurance plan developed for the specific corrective action.

• Ordering Officer Box 13): Self-explanatory.

  2. Delivery Order processing.

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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