EP 1110-1-18
24 Apr 00
(2) OE MCX.
(a) The OE MCX will provide comments or written concurrence or non-concurrence for
safety and technical adequacy on all contract packages for OE-related services. The project file
must include documentation of actions taken in response to the OE MCX comments.
(b) The OE MCX will maintain the current OE contract DIDs for inclusion in every OE
contract. The OE Design Center and/or district approved to execute response actions may
consult the OE MCX website for these items (http://www.hnd.usace.army.mil/oew).
(c) OE MCX personnel are available to participate in the Contract Review Board process
for award of OE contracts, as requested.
b. Acquisition Planning. Acquisition planning should be completed prior to the OE
response contract solicitation process. The acquisition plan, a coordinated and integrated plan for
fulfilling an agency's need in a timely manner and at a reasonable cost, contains the overall
strategy for managing the acquisition. If new or stand-alone contracts are developed for a
removal action, the acquisition plan will document the types of contracts considered. All OE
project team members should participate in the acquisition planning stage to select the
appropriate contract type in terms of job accomplishment and cost efficiency. Federal
Acquisition Regulation (FAR), Part 7 contains general procedures for the acquisition planning
process.
c. Contract Types. The nature of OE response projects requires maximum contract
flexibility. This flexibility is normally achieved by using contracts with provisions for issuing
both fixed-price and cost-reimbursable task orders. The CO will make the final determination of
contract type and will serve as the PM's principal advisor on all contract matters.
(1) Fixed-price contracts/task orders. Whenever possible, fixed-priced contracting should
be used to complete EE/CA and OE removal actions. For example, if data exists that identifies
or defines the quantities of UXO to be removed (e.g., geophysical mapping and analysis has been
completed), fixed-price contracts are preferred over cost-reimbursable contracts. In most cases,
however, it is not possible to estimate EE/CA and OE removal action costs to the degree of
confidence necessary to negotiate and award a fixed-price contract.
(2) Cost-reimbursable contracts/task orders.
(a) Cost-Plus-Fixed-Fee (CPFF) and Time-and-Materials (T&M) are the most commonly
used cost-reimbursable contracts for EE/CAs and OE removal actions. These contracts allow
flexibility when the removal quantities cannot be sufficiently estimated prior to execution. The
disadvantage of using CPFF contracts is that they place an additional administrative burden on
the government. Similarly, T&M contracts have a disadvantage in that they require oversight of
the contractor to ensure that efficient methods and effective cost controls are being used. The
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