Attachment_1_-_PWS_Environmental_Section_DRAFT.pdf

Environmental Definitions

1. CATEGORICAL EXCLUSION (CATEX): Activities that do not need to undergo detailed environmental analysis in an Environmental Assessment (EA) or Environmental Impact Statement (EIS) because the activities have been determined to normally not have the potential, individually or cumulatively, to have a significant effect on the human environment.

2. ENVIRONMENTAL ASSESSMENT (EA): A concise public document for which a Federal agency is responsible that serves to: briefly provide sufficient evidence and analysis for determining whether to prepare an EIS or a Finding of No Significant Impact (FONSI), aid an agency’s compliance with the National Environmental Policy Act (NEPA) when no EIS is necessary, and facilitate preparation of an EIS when one is necessary.

3. ENVIRONMENTAL IMPACT EVALUATION: The process of determining the level of significance of a potential impact on the human environment. It includes all necessary studies, consultation, and public involvement needed to analyze the potential for environmental impact of a proposed action, assign a value to the level of impact (e.g., minor, moderate, or major), consider mitigation, and determine the level of significance;

whether significant or not. An environmental impact evaluation results in either the application of a CATEX, documentation in the form of an EA and FONSI or a final EIS and ROD.

4. ENVIRONMENTAL IMPACT STATEMENT (EIS): A detailed written statement as required by section 102(2)(C) of the NEPA. It is a comprehensive document that provides full and fair discussion of significant environmental impacts caused by the proposed action(s). It also states the reasonable alternatives, and which of those would avoid or minimize the adverse impact(s) or enhance the quality of the human environment.

5. FINDING OF NO SIGNIFICANT IMPACT (FONSI): A document by a Federal agency briefly presenting the reasons why an action, not otherwise excluded, will not have a significant effect on the human environment, and for which an EIS therefore will not be prepared.

6. PHASE I ENVIRONMENTAL SITE ASSESSMENT (PHASE I ESA): An evaluation and report prepared to identify potential or existing environmental contamination liabilities associated with real property. Phase I ESAs must be carried out in accordance with the standard promulgated in ASTM 1527-13.

7. RECORD OF DECISION (ROD): A document that explains an agency’s decision, describes the alternative the agency considered, and discusses the agency’s plans for mitigation and monitoring, if necessary.

A. Environmental Policy Procedures:

1. National Environmental Policy Act (NEPA)

Any action funded in whole or in part by a Federal Agency, or requiring approval by a Federal Agency, must be evaluated in accordance with NEPA (42 U.S.C. § 4321) and related environmental laws and executive orders. Therefore, ICE requires the following deliverables from an offeror for ICE to fulfill its obligations related to NEPA:

a) ICE advises all offerors that, as part of the solicitation process, the offeror must provide information related to compliance with NEPA and all related laws and procedures as outlined in the DHS Directive 023-01 Revision 01 “Implementation of the National Environmental Policy Act” (or its most recent revision) and the associated instruction manual: DHS Instruction Manual 023-01-001-01 and Section J Attachment 14. The offeror must respond to the information and reporting request with the appropriate documentation and/ or studies if required. For more information on how these and other National Environmental Policy Act (NEPA) 42 U.S.C. 4321 compliance documents will figure into any evaluation for award, reference Section L and M of this solicitation.

b) NEPA compliance must be fully documented and completed in order for ICE to give further consideration to any proposal resulting from this RFP.

c) In certain instances, based on requirements listed in the RFP, a Phase I Environmental Site Assessment (ESA) may be required. If a Phase I ESA is required, the offeror will fund and provide a Phase I ESA report to ICE. The standard for the Phase I ESA is outlined by the American Society for Testing and Materials (ASTM) Designation E 1527-13, “Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process.”

Any of the reports or studies from Items a-c above will be submitted by the offeror as separate stand-alone documents, not part of any Technical Proposal or Price Proposal submitted as part of any offer resulting from this solicitation. For more information on NEPA compliance: reference http://www.epa.gov/compliance/nepa.

2. Other Requirements

The successful awardee of any contract for detention space will remain in compliance with federal statutes during performance of the contract including, but not limited to, the following Acts: Clean Air, Clean Water, Endangered Species, Resources Conservation and Recovery; and other applicable laws, regulations and requirements. The successful awardee of any contract for detention space will also comply with all applicable limitations and mitigation measures identified in any EA and FONSI, or EIS and ROD, prepared in conjunction with the contract pursuant to NEPA.

The successful awardee of any contract for detention space shall be responsible for and will indemnify and hold the Government harmless for any and all spills, releases, emissions, disposal, and discharges of any toxic or hazardous substance, any pollutant, or any waste, whether sudden or gradual, caused by or arising under the performance of the contract or any substance, material, equipment, or facility utilized. For the purposes of any environmental statute or regulation, the successful awardee will be considered the “owner and operator” for any facility utilized in the performance of the contract, and http://www.epa.gov/compliance/nepa http://www.epa.gov/compliance/nepa shall indemnify and hold the Government harmless for the failure to adhere to any applicable law or regulation established to protect the human or physical environment.

The successful awardee shall be responsible in the same manner as above regardless of whether activities leading to or causing a spill, release, emission or discharge are performed by the successful awardee, its agent or designee, a detainee, visitors, or any third party.

If any spills or releases of any toxic or hazardous substance, any pollutant, or any waste into the environment occur, the successful awardee of any contract for detention space will immediately report the incident to the Contracting Officer’s Representative (COR), or other ICE-designated official as set out in the contract. The liability for any spill or release of such regulated substances rests solely with the successful awardee and its agent.