Draft_Mobile_SOW.pdf

MOBILE SOURCE

ENFORCEMENT (MSES)

SUPPORT FOR THE OFFICE OF CIVIL ENFORCEMENT (OCE)

DRAFT STATEMENT OF WORK (SOW)

I. BACKGROUND

A. Overview

The Mobile Source Enforcement Branch (MSEB) of the U.S. Environmental Protection Agency (EPA) monitors compliance with and enforces mobile source provisions of the Clean Air Act (CAA). Since 1978, MSEB and its predecessor organizations have utilized Contractor support to assist in compliance monitoring and enforcement activities under the CAA. The CAA differentiates between the two types of air pollution sources: stationary sources, such as power plants, petrochemical facilities, and factories; and mobile sources, such as automobiles, motorcycles, trucks, and their associated fuels and fuel additives. Mobile sources also include non-road vehicles and engines, not intended for use on the highway, ranging from weed eaters to supertankers. MSEB deals predominantly with the mobile source provisions of Title II of the Clean Air Act; enforcement of these provisions requires compliance assessments for vehicles, engines, and the fuels used to power them.

Unlike most EPA programs in which enforcement is delegated to the states, Mobile Source Enforcement is centralized at the federal level. MSEB has primary responsibility for all mobile source enforcement activities. MSEB’s activities include: assisting in the development of CAA regulations and policies; targeting and conducting inspections and investigations; notifying regulated parties when they fail to comply with the statutes and regulations; negotiating settlements with regulated parties; filing suit in administrative actions; and referring cases to the Department of Justice for resolution in Federal District Court.

MSEB enforces the CAA provisions related to motor vehicle fuels, motor vehicles and engines, nonroad vehicles and engines, and marine diesel engines. The CAA also regulates new and in-use compression-ignition marine engines (also called marine diesel engines), U.S. flagged vessels containing such engines, emissions from such engines, and the sulfur content of marine fuel. EPA’s strategy to address emissions from all ships that affect U.S. air quality includes enforcement of CAA standards, as well as implementation and enforcement of the international standards for marine engines and their fuels contained in Annex VI to the International Convention on the Prevention of Pollution from Ships (MARPOL) based on the EPA’s authority under the Act to Prevent Pollution from Ships (APPS). MSEB is uniquely responsible for enforcing these programs throughout the country and evaluates and secures compliance with the environmental laws and programs through investigations and enforcement activities.

MSEB also identifies the need for, and assumes a lead role in, developing enforcement policies and works to provide guidance for these programs. Further, MSEB is responsible for working with other offices and federal agencies, including the United States Customs and Border Protection, the United States Coast Guard, and the United States Department of Energy, to provide training and technical assistance on enforcement matters related to the mobile source programs.

MSEB’s activities are implemented in accordance with the authority granted to it by Congress in the CAA. MSEB, in conjunction with the EPA’s Office of Air and Radiation (OAR), is also charged with developing regulations that implement and interpret the Title II provisions of the CAA. The regulations that MSEB helps to develop and enforce generally fall into two categories: those that regulate vehicles, equipment or engines; and, those that regulate fuels or fuel additives. On the engines side, regulated parties include: motor vehicle manufacturers, dealers, repair shops and fleets; non-road equipment and engine manufacturers, importers, dealers and repair facilities; and, individual automobile, truck and equipment owners. On the fuels side, regulated parties include all parties in the fuel and fuel additive refining and distribution chain from petroleum refiners and importers and renewable fuel producers, to retail outlets. Other MSEB activities include mobile and stationary source emissions modeling using modeling software such as MOVES, Complex model, and NONROAD to determine excess emissions from non-compliant activities and environmental benefits from enforcement actions.

B. Scope

The Contractor shall provide enforcement support for the EPA’s CAA mobile source regulatory and enforcement activities. The majority of the work will involve field inspections, investigations, and audits. All of the work shall be in support of the EPA’s MSEB within the Air Enforcement Division (AED), in the EPA’s Office of Civil Enforcement (OCE). The work may also involve other EPA Headquarters and regional offices, states, localities, and U.S. Territories. The Contracting Officer will issue the work assignments (WA) in accordance with the terms and conditions of the contract. The Contractor shall submit all preliminary work performed for review and approval by the appropriate EPA personnel [prior to preparation and issuance of any work product in draft or final as appropriate] in accordance with the terms and conditions of the contract.

The Contractor shall not make any compliance determinations, judgments, decisions, recommendations, and/or corrective actions with respect to any inspections and investigations conducted under the contract. The EPA will use the Contractor’s inspection data, analyses, reports, drafts, options, and assessments to make any compliance determinations. The Contractor shall not make any decision for the Agency nor develop policy. Approximately 45% of the Contractor’s effort to be delivered will be advisory and assistance services. In no event shall the Contractor provide legal services or offer any legal interpretations under this contract without the prior written approval of the Office of General Counsel (OGC) and Office of Enforcement and Compliance Assurance (OECA).

C. Confidential Business Information (CBI)

In order to complete the work required by individual WA, the Contractor may need access to data or information that has been claimed by an outside party as Confidential Business Information (CBI).

The Contractor shall abide by the CBI requirements of this contract, including the EPA Acquisition Regulations (EPAAR) 1552.235-70, “Screening Business Information for Claims of Confidentiality,” and 1552.235-71, “Treatment of Confidential Business Information,” and 1552.235-70, “Release of Contractor Confidential Business Information,” which are incorporated by reference.

D. Identification of Contractor Personnel

Individual WA may require the Contractor to contact federal, local agency or business personnel and the general public. To preclude any likelihood that Contractor staff could be assumed to be EPA employees or improperly representing the EPA, Contractor personnel shall identify themselves as EPA Contractors orally by their name and organization, and physically display this information by wearing badges or other identification whenever they participate in activities such as, but not limited to:

investigations, inspections, audits, meetings, conferences, or training sessions, with the EPA, federal, state or local personnel or with the public. In addition, the Contractor shall obtain credentials from the EPA that identifies all Contract personnel as authorized representatives of the EPA. The Contractor shall present these credentials as required for right-of-entry authorization in order to perform the work specified in the contract. For work at marine terminals or port facilities Contractor personnel shall obtain Transportation Worker Identification Cards.

II. WORK CATEGORIES

The work categories outlined below describe the type of work the Contractor shall be required to perform under this Statement of Work (SOW), as required by individual WA created by the EPA and sent to the Contractor. The individual WA may contain tasks from multiple work categories.

A. Inspections and Investigations

1. Fuels

2. Vehicles and Engines

3. Stationary Internal Combustion Engines

4. Other Inspections and Activities

B. Audits

1. Refinery

2. Laboratory

3. Engine

4. Renewable Fuels Standards

C. Summary and Analysis of Reports Submitted to the EPA by Regulated Parties D. Administrative and Litigation Case Support E. Laboratory Support F. Enforcement Program Development & Implementation

Prior to the initiation of work under a new WA, the Contractor shall prepare a work plan covering each new WA the EPA creates and sends to the Contractor requesting their support. The work plan shall include a cost estimate and schedule. Each month, the Contractor shall submit activity reports to the Work Assignment Manager (WAM) to summarize work performed during the previous month, itemized costs incurred, and expected costs for the next month. The Contractor shall itemize costs by task. At the request of the WAM, the Contractor shall further itemize the costs by category and any greater detail which is deemed necessary by the WAM. Within fourteen days of the receipt of any WA, the Contractor shall submit the draft work plan to the EPA Contracting Officer, Project Officer (PO) and WAM.

A schedule of tasks and deliverables will be specified in each WA. Unless otherwise specified in the WA, written end products for each WA shall be delivered in an agency standard software format consistent with the contents of the product. The Contractor shall begin using new EPA software standards within one month of adoption by the EPA. Past experience has shown that standards change about once every three years. The EPA will provide updated lists of the current standards to the Contractor on a regular basis. Some of the current standards include, but are not limited to, the following:

Word-processing Microsoft Word 2013 Presentations Microsoft PowerPoint Spreadsheet Microsoft Excel 2013 Database Microsoft Access 2013 Document Adobe Acrobat (PDF)

FileMaker Pro

The Contractor shall develop, implement, and adhere to its Quality Management Plan during the performance of all work under this contract and shall develop and implement Quality Assurance (QA) procedures, and Quality Assurance and Quality Control as required by the Federal Acquisition Regulations (FAR) Part 46 and the EPA Order 5360.1, respectively. The Contractor shall also submit any changes to the procedures and/or plan during the course of the Contract to EPA for approval.

A. Inspections and Investigations

The Contractor shall support the EPA in conducting facility and field inspections or investigations to help the EPA determine compliance with applicable CAA requirements or in support of enforcement activities. The Contractor shall perform inspections and investigations as specified in individual task directives. The Contractor shall select inspection candidates based on a neutral administrative scheme unless otherwise directed by the EPA. The Contractor shall also inspect specific facilities as directed by the EPA. Most inspections shall involve one or more of the following: collection, testing and analysis of samples; inspection of facilities and/or equipment; collection, audits, compilation and analysis of records; and other related tasks. In most cases, the EPA will direct the Contractor to provide both raw data from the inspection/investigation and a report summarizing the inspection/investigation and any observations, findings and conclusions.

Unless otherwise specified by the EPA, the Contractor shall provide all equipment, supplies, software, travel, training, and other materials necessary to complete inspections, investigations, audits and related activities. Some government-furnished property (including testing equipment) is furnished on an “As Is” basis. The Contractor shall ensure that all personnel performing inspections and investigations meet the requirements of: EPA Order 3500.1, basic inspector training; EPA Order 1440.2, Health and Safety Requirements for Employees Engaged in Field Activities; OSHA’s 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response; and, any designated program specific training before conducting any inspections/investigations. Each Contract inspector shall possess and present an authorization and/or credential to establish legal right-of-entry and identity before conducting inspections/investigations.

If the Contractor finds evidence of possible non-compliance, the Contractor shall, unless otherwise directed by the EPA, collect and provide to the EPA all evidence which EPA will need to determine the cause and extent of the non-compliance and to determine liability for the non-compliance.

The EPA may also direct the Contractor to investigate non-compliance which has come to its attention by means other than an inspection/investigation performed by the Contractor.

If the EPA decides to bring an enforcement action based upon the information provided by the Contractor, the Contractor personnel who conducted the inspection and/or investigation shall, if so directed by the EPA, provide testimony during resulting depositions, hearings or other judicial proceedings. These proceedings may occur as many as five years or more after the date of the inspection/investigation. This work category, “A. Inspections and Investigations,” is estimated (subject to change) to account for approximately 60% of the total contract level of effort.

The Contractor shall not make any compliance determinations whatsoever. While performing inspections, Contractor personnel shall clearly identify themselves as EPA Contractors and shall direct any questions regarding compliance status to the proper contact at the EPA.

Contractors shall report to the EPA any and all results, observations, and other facts (written and/or oral) relevant to a facility such that the EPA can make a fully informed objective final compliance determination.

Technical Direction will be provided to communicate the specific tasks required. Examples of the types of inspections which may be required are as follows:

1. Fuels Inspections and Investigations

Monitor compliance with the fuel and fuel additive requirements promulgated under section 211 of the Clean Air Act. These requirements are promulgated at 40 CFR Part 79 and Part 80 and include the following provisions: fuel and fuel additive registration; anti-dumping; reformulated and detergent gasoline; gasoline and diesel sulfur; gasoline toxics and gasoline benzene;

renewable fuel standards; and the flow rate provisions, among others. Most fuel inspections and investigations will occur at fuel distribution facilities ranging from the refinery/importer to the retailer or commercial end user (wholesale purchaser-consumer), but may also occur at independent laboratories or other locations.

Tasks–Most of these inspections will involve either or both of the following:

a. Inspection-

(1) Record in a database that utilizes one of the agency’s standard relational database formats:

inspection data documenting the inspection, the facility being inspected, any samples collected, and the results of any tests performed. In most cases, this data is collected on an inspection form completed during a facility inspection.

(2) Collect representative fuel or fuel additive samples, usually from storage tanks at refineries, terminals, renewable fuel producers, retail outlets, or fleet operators, but also possibly from a vehicle fuel tank, a tanker truck, barge, marine vessel or other location. This task may require the Contractor to purchase fuel or fuel additive samples.

(3) Accurately and precisely test the samples on-site (“field screening”) for one or more parameters as specified. The Contractor shall provide technical support for determining the most efficient way to field screen such parameters as benzene, vapor pressure, distillation points, sulfur content, olefins content, aromatics content, oxygen content, oxygenates and cetane index. The Contractor shall, unless otherwise directed, use test methods specified in 40 CFR Part 80, or with advance approval from the EPA, use methods that have been correlated to these methods, to perform all fuel field screening. Furthermore, the Contractor shall establish, maintain, and implement quality assurance procedures based upon their development of a quality assurance system program to assure field to laboratory test result correlation.

(4) When field screening results indicate that samples fail to meet certain EPA-specified criteria indicating possible non-compliance, collect and send duplicate samples to the EPA’s laboratory in Ann Arbor, Michigan for laboratory analysis (or alternatively, the EPA may task the Contractor to perform laboratory testing of the samples–see section entitled “Laboratory Support”).

b. Investigation-

When field screening indicates possible non-compliance, or as directed by the EPA, collect and compile records which will enable the EPA to determine the extent and cause of, and parties liable for, any non-compliance. Prepare an investigation report (see description of Deliverables) and submit it to the EPA. Review reports and other records, and make contact with appropriate personnel, to enable the EPA to determine if there are violations and the extent and cause.

Deliverables:

a. Inspection Data–The Contractor shall record and submit to the EPA data recorded in a standard database format, and a completed inspection form documenting each inspection and investigation.

b. Investigation Reports–The Contractor shall submit to the EPA an investigation report which summarizes each inspection and subsequent investigation at which field screening indicates possible non-compliance, or as otherwise directed by the EPA.

c. Fuel Samples–The Contractor shall send a duplicate sample to the EPA for each sample which indicated possible non-compliance during field screening.

d. Monthly Reports–The Contractor shall submit to the EPA monthly reports of the quality assurance system program including quality control and laboratory test result correlation for all inspections/investigations requiring collection or analysis for data or samples.

2. Vehicles and Engines Inspections and Investigations

Monitor compliance of vehicles and engines with the requirements of the mobile source regulations promulgated at 40 CFR Parts 85 through 94 and 1033 through 1068. Additionally, the Contractor shall monitor compliance of vehicles and engines with respect to acts that are directly prohibited (such as, but not limited to, emission control tampering and the importation of uncertified engines) under Title II of the Clean Air Act. The Contractor shall support the EPA in the enforcement of these provisions.

Tasks–Most of these inspections will involve some or all of the following:

a. Inspection-

(1) Record in the applicable database format inspection data documenting the inspection, facility, and equipment being inspected. For most types of inspections this data is collected on an inspection form completed during a facility inspection.

(2) Inspect motor vehicles, motorcycles, and non-road engines including, but not limited to: cars, trucks, recreational vehicles, construction equipment, lawn and garden equipment, marine engines, locomotive engines, or other equipment for compliance with applicable requirements.

These inspections may occur at the Bureau of Customs and Border Protection (CBP) facilities.

(3) Collect vehicle, engine, or part samples for analysis by the Contractor at CBP exam stations, where inspections are performed, or other facilities. This task may require the Contractor to purchase and ship the vehicle, engine, or parts samples.

b. Investigation–When engines or emission control devices fail to meet EPA-specified criteria indicating non-compliance, or as otherwise directed by the EPA:

(1) Collect records from vehicle and engine manufacturers, importers, wholesalers, auctioneers, retailers, fleet operators, repair facilities, or vehicle and engine owners which will enable the EPA to determine the extent, cause of, and parties liable for any non-compliance.

(2) Record any information, including photographs, which is necessary to describe the facility and equipment.

(3) Verify the certification status with the appropriate vehicle or engine manufacturer, or through the EPA certification databases.

(4) Compile and analyze documents.

(5) Prepare an Inspection/Investigation Report (see description of Deliverables) and submit it, along with any records collected from the facility, to the EPA.

c. Physical Evidence Examination and Storage–The Contractor shall examine engine parts such as, but not limited to, carburetors and catalytic converters, for comparison to certification specifications and as evidence to support violations, as directed by the EPA. The Contractor shall securely store physical evidence (maintaining chain of custody) obtained during inspections, purchased as directed by the EPA, or received from other sources such as, but not limited to, CBP.

a. Inspection Data–The Contractor shall record inspection data into the applicable database and submit (monthly, unless otherwise indicated) to the EPA for each inspection, investigation, or compliance review.

b. Inspection/Investigation Reports–The Contractor shall submit an inspection, investigation or compliance review report to the EPA for each engine, vehicle, or part inspection or compliance review where non-compliant equipment or engines are found, or as otherwise directed by the EPA.

c. Physical Evidence–The Contractor shall photograph, and submit such photographs to the EPA, physical evidence as part of a vehicle or engine inspection or investigation. Upon direction from the EPA, the Contractor shall collect such physical evidence as part of the inspection. In addition, the Contractor shall submit monthly reports to the EPA summarizing the status of each item of securely stored physical evidence under chain of custody control.

3. Stationary Internal Combustion Engines Inspections and Investigations Tasks–Most Stationary Source inspections will generally involve:

Examination of stationary engine compliance certification under 40 C.F.R. Part 60 Subpart IIII (i.e., Standards of Performance for Stationary Compression Ignition Internal Combustion Engines).

a. Inspection Data–As specified in the WA, record in the database and submit to the EPA monthly, unless otherwise indicated, data from each inspection/investigation.

b. Inspection/Investigation Reports–As specified in the WA, the Contractor shall submit an inspection/investigation report to the EPA for each stationary source inspection where non-compliance is found.

c. Other Physical Evidence–Occasionally, as part of a stationary source inspection, the Contractor shall collect and examine physical evidence, such as, but not limited to, engine parts from engines that are imported into the United States.

4. Other Inspections and Activities for Enforcement Support Tasks–The Contractor shall provide support in performing other types of inspections and activities, such as:

a. Targeting–The Contractor shall perform targeting exercises, such as, but not limited to, internet searches to determine targets based upon EPA supplied criteria or to develop information on EPA regulated parties. Evaluation of fuel importer and producer reports, manufacturer’s reports and other data and records as directed by the EPA to develop inspection and audit targets and strategies.

b. Conduct Training or Other Assistance–As directed by the EPA, the Contractor shall conduct training for its own personnel, the EPA, and other government agencies or groups, in compliance with the EPA requirements. The Contractor shall assist the EPA or other government agencies on compliance monitoring activities.

c. Procedural Manuals Development–As directed by the EPA, the Contractor shall support the EPA in revising and updating AED’s Procedural Manuals for Fuels and/or Engines for conducting compliance monitoring inspections and audits. The manuals will be used as a resource in training new inspectors and auditors, and to provide refresher training for current field personnel who will be carrying out inspections and audits for the purpose of determining compliance with the EPA requirements including the fuel regulations found at 40 C.F.R. Part 80, and vehicle and engine requirements under 40 C.F.R. Parts 85- 1068 of the Clean Air Act. The manuals shall provide background information and an overview of regulations, as well as, detailed direction for inspections performed at a variety of facilities that are subject to the regulations.

d. Other CAA Enforcement Case Support–The Contractor shall support the EPA in inspections/investigations in other areas of the CAA or other EPA statutes.

a. Targeting–The Contractor shall submit summary reports of the targeting exercises as directed by the

EPA.

b. Training–The Contractor shall conduct and provide applicable training with materials as needed and directed by the EPA.

c. Draft and Final Manuals–As directed by the EPA, the Contractor shall develop and provide a draft Procedural Manuals for Fuels and/or Engines to the EPA. After receiving comments from the EPA the Contractor shall revise and edit the draft manual(s) into final product(s).

d. Other Enforcement Case Support–As specified in the WA, the Contractor shall submit a summary report to the EPA for each task as directed.

B. Audits

The Contractor shall conduct comprehensive on-site compliance reviews to audit regulatory compliance of the following mobile source emission control programs:

1. Refinery (40 C.F.R. Part 80)

2. Laboratory (40 C.F.R. Part 80)

3. Engine (40 C.F.R. Parts 85-1068)

4. Renewable Fuels Standards (40 C.F.R. Part 80 Subpart K and M)

Tasks–As directed by the EPA, the Contractor shall review records kept by regulated parties to verify their claims regarding compliance with the regulatory programs under Title 40 of the Code of Federal Regulations (C.F.R.) that are listed above. These audits include, but are not limited to: control equipment; sampling and testing procedures; analytical test methods; analytical testing equipment (including calibration and maintenance); and, the collection of physical evidence such as collecting product samples. For all audits, the Contractor shall obtain copies of all records that the EPA will need to determine compliance with the applicable regulations. If an audit finds that regulated parties based their compliance calculations on inaccurate information, the Contractor shall recalculate compliance figures using the most accurate information available. This work category, “Audits,” is estimated (subject to change) to account for approximately 15% of the total contract level of effort.

The Contractor shall submit a summary report of the compliance review (audit) including, but not limited to, the individual follow-up investigation of each instance of non-compliance found during the analysis of the data, procedures, or equipment reviewed during the audit.

C. Summary and Analysis of Reports Submitted to the EPA by Regulated Parties

Refiner/Importer Compliance Review–As directed by the EPA, review refiner and importer reports and records, and reports and records of other regulated parties such as renewable fuel producers and oxygenate blenders, submitted to the EPA to verify their claims regarding compliance with the fuels regulations under 40 C.F.R. Part 79 and Part 80 including the reformulated gasoline and antidumping regulations, the gasoline and diesel sulfur regulations, the mobile source air toxics regulations, the renewable fuel standard regulations, as well as other fuels regulations. Obtain copies of all records that the EPA will need to determine compliance with these regulations. If this review uncovers that refiners or importers based their compliance calculations on inaccurate information, the Contractor shall recalculate compliance figures using the most accurate information available. Also, the Contractor shall prepare and submit to the EPA a summary report of the compliance review (see description of Deliverables).

Additionally, the contractor shall develop and maintain complex data and report analysis tools to evaluate the compliance of individual companies and their facilities, as well as industry wide data. This work category, “Summary and Analysis of Reports Submitted to the EPA by Regulated Parties,” is estimated (subject to change) to account for approximately 5% of the total contract level of effort.

The Contractor shall submit a summary report of the compliance review including, but not limited to, the individual follow-up investigation of each instance of non-compliance found during the analysis of the data submitted by the regulated parties. Deliverables include, but are not limited to, spreadsheets and databases evaluating and summarizing compliance, production, and import data.

D. Administrative and Litigation Case Support The Contractor shall provide administrative and litigation support to assist in the preparation and tracking of specific enforcement cases where the federal government is developing or has filed a complaint against an individual or facility for violation of federal or state environmental statutes. The Contractor shall abide by the following special considerations in performing this work: proper handling of enforcement sensitive and confidential business information in accordance with all EPA regulations, contract clauses, Federal Acquisition Regulations, and applicable federal and state requirements, and assurance that no actual or potential conflicts of interest exist concerning the Contractor, its employees, consultants, or subcontractors. The Contractor shall not provide legal services or legal interpretation.

This work category, “Administrative and Litigation Case Support,” is estimated (subject to change) to account for approximately 5% of the total contract level of effort.

Tasks– Examples of the types of administrative and litigation support tasks which the EPA shall require the Contractor to provide include:

1. Data Entry into ICIS–Enter inspection/investigation data for the EPA into the Integrated Compliance Information System (ICIS) to assist the EPA in tracking enforcement information throughout the agency. This function includes entering the Contractor’s inspection/investigation data, as well as, any EPA generated inspection/investigation data in order to track compliance activities throughout the “pipeline” (i.e., inspections, compliance assistance, voluntary disclosures and enforcement actions). This system is used, among other purposes, to produce the EPA’s end of year report at the end of each fiscal year. Note, the MSEB is required to report all inspection data using ICIS.

2. Technical/Expert Testimony–Provide on short notice anywhere within the United States technical/expert witnesses that have the verifiable experience and/or credentials to persuasively and successfully testify during depositions, hearings, public meetings or other types of judicial proceedings. Anticipated subject areas include engineering, especially automotive or petroleum;

air pollution impacts; chemistry; economics and financial analysis; accounting; statistics;

mathematics; environmental science; and, computer science. Contractor personnel who performed the inspection or investigation shall be required to provide testimony as needed.

Testimony may include providing expert consulting to determine health impacts from non-compliant activities or proposed enforcement activities (e.g., proposed environmental projects) in support of litigation activities. The Contractor shall be prepared to provide oral and/or written testimony.

3. Court Reporting–Provide court reporting services at short notice anywhere within the United States and its territories.

4. Litigation Report Support–Collect, compile and index information relevant to preparation of litigation reports which will be prepared by the EPA. The Contractor shall not prepare litigation reports.

5. Economic Benefit Analysis–Provide technical support to the EPA regarding the economic benefit of non-compliance or delayed compliance with environmental regulations. The Contractor shall compare this information against EPA’s financial analysis models (e.g., BEN, ABEL, PROJECT, MUNIPAY, and INDIPAY) penalty calculations.

6. Ability-to-Pay Analysis–Review and analyze financial records to help the EPA determine the ability of a respondent to mitigate environmental harm, return to compliance and pay financial penalties. The EPA may require the Contractor to use appropriate EPA financial analysis models (e.g., BEN, ABEL, PROJECT, MUNIPAY, and INDIPAY) to perform this review.

7. Other Case Support Tasks–Review, analyze, compile, or index records; compile data; and, various other tasks associated with the support of litigation or other EPA enforcement efforts.

8. Translation Services–Provide language translation services both into the English language from foreign languages, as well as, into foreign languages from the English language, as needed, using certified approved translators.

1. Data Entry into ICIS–The Contractor shall ensure inspection/investigation data is accurately entered in a timely manner (monthly, unless otherwise directed by the EPA).

2. Testimony (written or oral)–The Contractor shall prepare and deliver expert technical testimony, written and/or oral, concerning the work categories for this SOW during depositions, hearings, public meetings, and all types of judicial proceedings.

3. Court Reporting–As directed by the EPA, the Contractor shall produce court reports whenever necessary within the United States and its territories.

4. Litigation–The Contractor shall collect, compile, and index information, as directed by the

EPA.

5. Economic benefit reports–The Contractor shall submit final reports, analysis, and summaries of the economic benefit of delayed compliance with comparison against EPA’s financial analysis models (e.g., BEN, ABEL, PROJECT, MUNIPAY, and INDIPAY) penalty calculations, as directed by the EPA.

6. Ability to pay reports–The Contractor shall submit final reports, analysis, and summaries of a regulated party’s ability to pay using EPA’s financial analysis models (e.g., BEN, ABEL, PROJECT, MUNIPAY, and INDIPAY).

7. Complete record or report compilations–The Contractor shall prepare and deliver, as directed by the EPA, hard-copy and/or in electronic format, data, indexes, report, or analysis of enforcement/compliance records or report compilations.

E. Laboratory Support

Upon EPA request, the Contractor shall provide laboratory support to analyze samples collected by the Contractor, the EPA and on limited occasions other sources. The Contractor shall report the analytical results as specified in each applicable WA and in accordance with the following requirements:

1. All laboratory tests and measurements shall be performed in accordance with the applicable regulations, or EPA designated methods, unless otherwise specified in the WA;

2. Contractor laboratory capacity shall be verified through EPA inspection, analysis of periodic performance or QA samples, and the EPA approval of quality assurance project plans.

3. Develop new inspection and analysis methodologies that may include the design and fabrication of field analytical equipment; programming for data acquisition and processing functions; bench and field proof-of-concept testing; method validation; and data analysis.

The Contractor shall retain for five years all records and samples which are part of an ongoing investigation. The work under this category, “Laboratory Support,” is estimated (subject to change) to account for approximately 10% of the total contract level of effort.

Tasks--Examples of tasks that the EPA might direct the Contractor to perform include:

1. Using the appropriate EPA regulatory methods specified at 40 C.F.R. Part 80.46 to analyze fuel samples collected by the Contractor, or provided by the EPA, for properties specified in the individual WA. Examples of properties that may require Contractor support on a fixed price basis include, but are not limited to, the following:

Number of Samples

Test Type Base Period Option Period I Option Period II Total

API gravity 4 8 8 20 Reid vapor pressure 20 40 40 100 Distillation 20 40 40 100 Sulfur 40 80 80 200 Metals concentration 2 4 4 10 Oxygenates 4 8 8 20

Aromatics 4 8 8 20 Olefins 4 8 8 20 Benzene 4 8 8 20

Total 102 204 204 510

2. Perform testing for biodiesel properties listed under ASTM 6751 as required under 40 CFR

Part 80, Subpart M.

3. Examine vehicle or engine parts for comparison to specifications found in the manufacturer’s application for certification.

4. Examine vehicle or engine parts for evidence of tampering in violation of the prohibitive acts within the regulations and CAA Sections.

5. Test the emissions effects of aftermarket motor vehicle or engine parts.

6. Perform motor vehicle or engine emissions testing according to the EPA regulatory requirements, or as directed by the EPA.

Usually will consist of lab data, but might include reports, especially for motor vehicle and engine emissions testing.

1. Laboratory data–The Contractor shall submit data reports and summaries upon completion.

2. Description of the test procedure or sample preparation.

3. Reports–The Contractor shall submit lab data analysis reports and summaries upon completion.

F. Enforcement Program Development

The Contractor shall provide technical support for various regulatory development, policy development, program development and outreach activities in response to events such as new legislation, changes in the regulated community, or newly available information. The work under this category, “Enforcement Program Development and Implementation,” is estimated (subject to change) to account for 5% of the total contract level of effort. The following represents the type of tasks which the Contractor may be required to perform as specified in individual WA:

1. Collect mobile source related information and data from the EPA enforcement and complaint databases, including the MSEB Lotus Notes database, and reformat if necessary for use in GIS Arcview mapping software. Create data and map layers in order to map and show geographic locations and associated information for past and current enforcement actions, inspections, tips, complaints and investigations.

2. Provide engineering analysis concerning the technical soundness of petitions by regulated parties.

3. Collect and analyze information, to assist EPA in developing or changing policies and regulations.

4. Evaluate new or modified enforcement policies, procedures, and protocols.

5. Compile lists of options for reducing the procedural and paperwork burden associated with the collection of information from the regulated community.

6. Use enforcement data and other sources to assess rates of compliance.

7. Transcribe verbal comments and catalog, index, and summarize all comments received in response to public notification about program initiatives.

8. Collect information to support Information Collection Requests (ICR’s) and other evaluations such as impacts on small businesses.

9. Distribute written information provided by the EPA to regulated parties, usually during an inspection or investigation.

10. Develop and manage consent case tracking systems and databases.

11. Collect and provide information to AED in response to Freedom of Information Act (FOIA) requests. The Contractor shall not respond to FOIA requests. The EPA shall evaluate all information acquired for applicable FOIA exemptions and CBI claims and shall write and respond to all FOIA requests.

EPA shall direct the Contractor to provide various reports as a result of any of these activities including, but not limited: Arcview GIS maps and map files, draft procedures; protocols; policy, regulatory, or compliance assistance recommendations; transcriptions and/or summaries of comments.

III. APPLICABLE DOCUMENT REFERENCES

Document Available at

The Clean Air Act, as amended in 1990 http://www.gpo.gov/fdsys/pkg/USCODE-2008-title42/pdf/USCODE-2008-title42-chap85.pdf

40 Code of Federal Regulations (CFR) Parts 79, 80, 85, 86, 89-92,94,1039, 1048, 1051, 1065, 1068 http://www.ecfr.gov/cgi-bin/text-idx?SID=d4a209b378830fd46f50476c3ae52356&mc=tr ue&tpl=/ecfrbrowse/Title40/40tab_02.tpl

EPA’s Mobile Source Enforcement Programs https://www.epa.gov/enforcement/air-enforcement#mobile

29 CFR 1910.120, Hazardous Waste Operations and Emergency Response

(HAZWOPER)

http://www.ecfr.gov/cgi-bin/text-idx?SID=d4a209b378830fd46f50476c3ae52356&mc=tr ue&node=se29.5.1910_1120&rgn=div8

Non-road Engine/Equipment Importer Enforcement Alert http://nepis.epa.gov/Exe/ZyNET.exe/500003NE.TXT?Z yActionD=ZyDocument&Client=EPA&Index=2000+Th ru+2005&Docs=&Query=&Time=&EndTime=&Search Method=1&TocRestrict=n&Toc=&TocEntry=&QField =&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFi eldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A %5Czyfiles%5CIndex%20Data%5C00thru05%5CTxt% 5C00000002%5C500003NE.txt&User=ANONYMOUS &Password=anonymous&SortMethod=h%7C- &MaximumDocuments=1&FuzzyDegree=0&ImageQua lity=r75g8/r75g8/x150y150g16/i425&Display=p%7Cf& DefSeekPage=x&SearchBack=ZyActionL&Back=ZyAc tionS&BackDesc=Results%20page&MaximumPages=1 &ZyEntry=1&SeekPage=x&ZyPURL

Motorcycle Enforcement Alert http://nepis.epa.gov/Exe/ZyNET.exe/P100ISHA.TXT?Z yActionD=ZyDocument&Client=EPA&Index=2011+Th ru+2015&Docs=&Query=&Time=&EndTime=&Search Method=1&TocRestrict=n&Toc=&TocEntry=&QField =&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFi eldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A %5Czyfiles%5CIndex%20Data%5C11thru15%5CTxt% 5C00000010%5CP100ISHA.txt&User=ANONYMOUS &Password=anonymous&SortMethod=h%7C- &MaximumDocuments=1&FuzzyDegree=0&ImageQua lity=r75g8/r75g8/x150y150g16/i425&Display=p%7Cf& DefSeekPage=x&SearchBack=ZyActionL&Back=ZyAc tionS&BackDesc=Results%20page&MaximumPages=1 &ZyEntry=1&SeekPage=x&ZyPURL

Federal Acquisition Regulations (FAR) https://www.acquisition.gov/?q=browsefar

Federal Procurement Regulations and Resources https://www.epa.gov/contracts/federal-procurement-regulations-and-resources

EPA Requirements for Quality Management Plans https://www.epa.gov/quality/epa-qar-2-epa-requirements-quality-management-plans

EPA Requirements for Quality Assurance Project Plans https://www.epa.gov/quality/epa-qar-5-epa-requirements-quality-assurance-project-plans

Policy and Program Requirements for the Mandatory Agency-Wide Quality System https://www.epa.gov/sites/production/files/2015- 09/documents/epa_order_cio_21050.pdf

Agency-wide Quality System Documents https://www.epa.gov/quality/agency-wide-quality-system-documents

Mobile Source Policy and Guidance https://www.epa.gov/enforcement/air-enforcement-policy-guidance-and-publications#Mobile

Office of Transportation and Air Quality (OTAQ) Website http://www.epa.gov/otaq https://www.epa.gov/sites/production/files/2015-09/documents/epa_order_cio_21050.pdf https://www.epa.gov/sites/production/files/2015-09/documents/epa_order_cio_21050.pdf https://www.epa.gov/quality/agency-wide-quality-system-documents https://www.epa.gov/quality/agency-wide-quality-system-documents