The National Park Service has a requirement to remove and dispose of asphalt (blacktop) pavement that has been scattered along a beach area of 100 acres. As a result of a storm event the strong tidal surge washed out the road in several sections and deposited asphalt chunks ranging in size from 2" and up (some as large as 10 feet long). This effort will require the use of hand crews supported by equipment to collect, haul and dispose of for re-use, recycle or landfill. In addition, the scope calls for demolition of an intact roadway approximately 30 square yards.

Sounds simple enough, but the unknown factor is the amount of debris in cubic yards (volume) or tons (weight in pounds). Since the density of asphalt fragements vary by location and the sand has the tendency to cover and uncover debris from one day to the next, making an estimate of volume of debris is nearly impossible.

Given the above facts, I have comptemplated the use of a firm-fixed unit price contract based upon an estimate quantity subject to adjustment when firm quantity is known. However, FAR 52.211-18 Variation in Estimated Quantity clause is inapplicable as this is not a construction contract. I read several post on WIFCON encouraging the use of firmed-fixed unit price contracts, but I have little or no experience with this type of contract.

Any advice on contract type, pricing arrangement and or suitable clause that is authorized by FAR is very much welcome.

The National Park Service has a requirement to remove and dispose of asphalt (blacktop) pavement that has been scattered along a beach area of 100 acres. As a result of a storm event the strong tidal surge washed out the road in several sections and deposited asphalt chunks ranging in size from 2" and up (some as large as 10 feet long). This effort will require the use of hand crews supported by equipment to collect, haul and dispose of for re-use, recycle or landfill. In addition, the scope calls for demolition of an intact roadway approximately 30 square yards.

Sounds simple enough, but the unknown factor is the amount of debris in cubic yards (volume) or tons (weight in pounds). Since the density of asphalt fragements vary by location and the sand has the tendency to cover and uncover debris from one day to the next, making an estimate of volume of debris is nearly impossible.

Given the above facts, I have comptemplated the use of a firm-fixed unit price contract based upon an estimate quantity subject to adjustment when firm quantity is known. However, FAR 52.211-18 Variation in Estimated Quantity clause is inapplicable as this is not a construction contract. I read several post on WIFCON encouraging the use of firmed-fixed unit price contracts, but I have little or no experience with this type of contract.

Any advice on contract type, pricing arrangement and or suitable clause that is authorized by FAR is very much welcome.

This appears to be a relatively simple debris removal contract. Suggest you look up the Mobile District Corps of Engineers and discuss with the Chief of Contracting, who is an old friend of mine. They do a lot of this type of contracting for hurricanes and tornadoes. He can answer your questions. Or you can email me through WiFCON and I will give you his contact information.

You could do it firm-fixed-price -- remove all the debris in the one hundred acre area -- contractors might be willing to visit the site and make their own estimates and take the reasonable risk. Yes, the potential volume is unknown but the pricing effort seems relatively easy and the risk low.

In consideration of FAR 1.102-4(e) and the lack of authority wording in FAR 11.7 that prevents use of Variation in Quantity Clause in other than a construction contract could not the Variation in Estimated Quantity Clause be inserted in the service contract even though it is not for construction?

In consideration of FAR 1.102-4(e) and the lack of authority wording in FAR 11.7 that prevents use of Variation in Quantity Clause in other than a construction contract could not the Variation in Estimated Quantity Clause be inserted in the service contract even though it is not for construction?

The VEQ clause provides for adjustments to unit prices, where a variation between the actual work and the estimated quantity causes the unit cost to the Contractor to go up or down. It doesnt authorize a variation between some estimated quantity and actual quantity. That would be covered in the statement of work.

NPCO and I discussed how to avoid having to deal with a unit price adjustment for his specific circumstances. When I was quite a bit younger, I drove the roads where this work will be done and I hung out at those beaches -small world ain't it? It is important to find out where nearby landfills are that will accept chunks of asphalt concrete pavement and how they charge haulers. If we can isolate all the one-time and mobilization/demobilization costs at each site and separate them from the unit price for loading, hauling and disposal, then the unit cost is essentially unchanging per unit at each site. Trucks are often privately owned as independent subcontractors. The major mob costs would probably be for the supervision, general conditions and the loading equipment

I suggested that CO call the Department of Transportation Offices to obtain info on landfills and how they contract for debris removal, in addition to contacting the Mobile District Corps of Engineers. who contract for similar debris removal.

The better one can define the scope of work , the easier it is to devise a contract that reduces risk for both parties, even if one cant accurately estimate the total volume or tonnage of debris.

You could do it firm-fixed-price -- remove all the debris in the one hundred acre area -- contractors might be willing to visit the site and make their own estimates and take the reasonable risk. Yes, the potential volume is unknown but the pricing effort seems relatively easy and the risk low.

Thank you. Yes, a firm fixed price contract to remove all debris in one hundred acres could be done, but I do not want to reward a contractor for poor estimation in an IFB and run the risk of not meeting the Government's objective should the Contractor walk off the job. Asphalt concrete is very heavy and must be hauled to the nearest dipsoal area is 15-25 miles one way. Transportation cost is a significant part of the total bid price. Whereas a firm-fixed unit price for an estimated quantity would more likely assure complete contract performance and yet minimize the contingency factor in the bid.

PS You may be interested to know that your solution mirrors that of the Project Officer.

Whereas a firm-fixed unit price for an estimated quantity would more likely assure complete contract performance and yet minimize the contingency factor in the bid.

Did you have any luck getting info from the DOT's, landfill(s) and from Mobile yet?

I agree with you regarding lump sum vs. unit price (and segregate the mob/demob costs into a separate lump sum line item for each site).

It takes some tech/market research to put together a reasonable contract approach for demo./debris removal.