A Debris Management Handbook for State and Local DOTs and Departments of Public Works (2014)

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C-1 A P P E N D I X C From FEMA Recovery Fact Sheet RP9580.201, Debris Contracting Guidance, issued Septem- ber 27, 2010. General Checklist 7: Use competitive bidding procedures to meet procurement requirements for federal grants, as established in 44 CFR § 13.36, Procurement. 7: Only use abbreviated emergency procurement procedures that include an expedited com- petitive bid process if time does not allow for more stringent procedures and if they are allowed under state or local laws, codes, or ordinances. 7: Provide a clear and definitive scope of work in the request for proposal/bids. 7: Require bidders to provide copies of references, licenses, financial records, and proof of insurance and bonding. 7: Ensure that debris removal or monitoring contract costs are reasonable and necessary as defined and required by OMB Circular A-87 and 44 CFR Park 13. Competitively bid con- tracts that comply with federal, state, and local procurement regulations and procedures will establish reasonable costs for the work. 7: Complete and document a cost analysis to demonstrate price reasonableness on any con- tract or contract modification where adequate price competition is lacking, as detailed in 44 CFR § 13.36(f). All debris removal contracts must contain the following provisions: 7: All payment provisions must be based on unit prices (volume or weight). 7: Payments based on time-and-materials costs are limited to work performed during the first 70 hours of actual work following a disaster event. 7: Payment will be made only for debris that FEMA determines eligible. (This is an optional provision to protect the applicant.) 7: Contractors must submit invoices regularly and for no more than 30-day periods. 7: A “Termination for Convenience” clause allowing contract termination at any time for any reason. 7: A time limit on the period of performance for the work to be done. 7: A subcontract plan including a clear description of the percentage of work the contractor may subcontract out and a list of subcontractors the contractor plans to use. 7: A requirement that the contractor use mechanical equipment to load and reasonably compact debris into the trucks and trailers. 7: A requirement that the contractor provide a safe working environment. 7: A requirement that all contract amendments and modifications will be in writing. 7: A requirement that contractors must obtain adequate payment and performance bonds and insurance coverage. Contracting Checklists

C-2 A Debris Management Handbook for State and Local DOTs and Departments of Public Works Applicants should consider the following when procuring debris monitoring contracts: 7: Debris monitoring contracts must be competitively procured as required by 44 CFR § 13.36, Procurement. 7: Debris monitors should not be employed by or affiliated with the debris removal contractor. 7: Debris monitoring contracts are typically time-and-materials contracts and must contain a not-to-exceed clause, pursuant to 44 CFR § 13.36, Procurement. 7: The contract should include a requirement that the contractor provide a safe working environment, including properly constructed monitoring towers. 7: Use of a load ticket system to record with specificity (e.g., street address, GPS coordinates) where debris is collected and the amount picked up, hauled, reduced, and disposed of. 7: Debris monitors should be trained and possess skills adequate to fulfill the duties of the job. Labor rates should be commensurate with the skill level required by the job function. Professional engineers and qualifications are not required to perform monitoring duties. 7: The contractor should demonstrate that its staff is familiar with FEMA debris removal eligibility criteria. Avoidance Checklist 7: DO NOT: Award a debris removal or debris monitoring contract on a sole-source basis. 7: DO NOT: Sign a contract (including one provided by a contractor) until your legal repre- sentative has thoroughly reviewed it. 7: DO NOT: Allow any contractor to make eligibility determinations; only FEMA has author- ity to make final eligibility determinations. 7: DO NOT: Accept any contractor’s claim that it is “FEMA Certified.” FEMA does not certify, credential, or recommend debris contractors. 7: DO NOT: Award a contract to develop and manage DMSs, unless the debris sites are part of your approved debris management plan or you contact the state or FEMA for techni- cal assistance concerning the need for such an operations. Temporary Debris Storage and Reduction sites are not always necessary. 7: DO NOT: Allow separate line item payment for stumps 24 inches and smaller in diameter; you should treat these stumps as normal debris. 7: DO NOT: “Piggyback” or utilize a contract awarded by another entity. “Piggybacking” may be legal under applicable state law; however, the use of such a contract may jeopar- dize FEMA funding because these contracts do not meet requirement for competition established in 44 CFR § 13.36. If an applicant requests reimbursement for costs it incurred from a piggyback contract, FEMA will determine the reasonable cost for the performance of eligible work. 7: DO NOT: Award pre-disaster/standby contracts with mobilization costs or unit costs that are significantly higher than what they would be if the contract were awarded post-disaster. Such contracts should have variable mobilization costs depending upon the size of the debris work that may be encountered. 7: DO NOT: Allow for markups due to errors in volume calculations. 7: DO NOT: Allow for miscellaneous items, or for contract contingencies of any kind, including “unknowns.”