RECOVERY - Managerial and Oversight Support for State Revolving Fund Programs, particularly the assessment of the Buy American Act Requirements of the ARRA on eligible publicly-owned treatment works and public water systems water infrastructure projects

THIS NOTICE IS PROVIDED FOR INFORMATION PURPOSES ONLY. The purpose of this Modification 16 is to obligate $35,000 in initial funding in support of Work Assignment (WA 1-100). The period of performance for this work assignment will be from May 1, 2009 though December 31, 2009. The modification also incorporates into the contract clauses required for contracts involving ARRA funded activities. WA 1-100 of Contract EP-C-08-015 will have the contractor support EPA in undertaking a preliminary assessment of the opportunities and challenges presented by ARRA's Section 1605 Buy American Requirements. The contractor will assist in the development of preliminary information on what water infrastructure investment projects are most likely to require Section 1605 waivers and for what specific materials and manufactured goods. Specifically, the contractor shall assist EPA in: (1) developing criteria for reviewing infrastructure project designs that will provide information on the likely opportunities and challenges of the Buy American requirements in regard to the timely and successful completion of these projects; (2)determining the most appropriate proportion and mix of project types to be selected for the Buy American reviews; (3) selecting the specific infrastructure projects for the "Buy American" reviews based on the appropriate mix and other selection factors such as geographical representation; (4) undertaking the Buy American reviews of the project designs to provide preliminary information on possible opportunities and challenges posed by ARRA's Buy American provisions and the likelihood for waivers; and (5) drawing preliminary conclusion as those types of water infrastructure investment projects most likely to require ARRA Section 1605 waivers and for what specific materials and manufactured goods. The American Recovery and Reinvestment Act (ARRA) contains specific acquisition requirements that must be met when using appropriated funds from the Act, including the need for acquisitions to be in accordance with the FAR and, to the maximum extent practicable, awarded as fixed-price (FP) contracts using competitive procedures. However, the Office of Management and Budget's guidance allows for the use of other than FP contracts. Although the Agency's Office of Water (OW) contracts were not awarded as FP contracts, they were awarded competitively, and each contract structure was selected to provide the contractor with the greatest incentive for efficient and economical performance, given the types of services to be performed. The existing OW contracts have sufficient qualified acquisition personnel to provide appropriate contract administration and oversight to monitor contract performance to mitigate the Government's risk. In order to meet the requirements of the Act in the most prudent business manner within the time constraints imposed, existing OW contracts are the most appropriate contractual vehicles consistent with Agency plans that promote the goals of the ARRA.