Combine_Synoposis_-AHERA_Re-Inspection.doc

THIS ACQUISITION IS FOR NATIVE OWNED SMALL BUSINESS SET ASIDE UNDER THE BUY INDIAN ACT (25 U.S.C.)

The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of Indian economic enterprise as defined in 14.80.201.

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation No. A15PS00707 herein cited will be procured under FAR Part 12, Acquisition of Commercial Items. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-79.

This acquisition is for a Native American Owned Small Business Set aside under the Buy Indian Act (25 U.S.C). The NAISC Code is 54160, Size Standards $14.0. DESCRIPTION: Contractor shall provide all labor, materials, supervision, incidentials necessary to conduct the required inspection/reinspection and provide cost estimates for asbestos abatement of friable and non-friable at 33 Bureau of Indian Education Schools in accordance with the Asbestos Hazard Emergency Response Act (AHERA), 40 CFR 763.85 regulations and as part of the BIA FIN 47.

Period of Performance from date of award to 92 days.

SCOPE OF WORK

Introduction: The Bureau of Indian Affairs and Bureau of Indian Education operate 66 education facilities and 7 education administrative offices regulated under The Asbestos Hazard Emergency Response Act (AHERA). AHERA mandates that all education facilities who serve school children K-12 must be inspected for asbestos in school every three years in addition to other regulatory requirements. The BIA/BIE and USEPA have agreed that the 66 schools and 7 education administrative offices will be inspected on a staggered year basis, 33 schools and 7 education facilities one year and 33 schools the following year. The 2014 inspection will require the inspection, target sampling and cost estimates for abatement of both friable and non-friable asbestos for 33 schools throughout the Navajo Indian Reservation.

Work: The Division of Environmental, Cultural & Safety Management (DECSM), Navajo Regional Office (NRO) and Bureau of Indian Affairs (BIA) is soliciting the services of qualified environmental firm to conduct the required inspection/reinspection and provide cost estimates for asbestos abatement of friable and non-friable at 33 Bureau of Indian Affairs/Bureau of Indian Education schools in accordance with the Asbestos Hazard Emergency Response Act (AHERA), 40 CFR 763.85 regulations and as part of the BIA FIN 47. FIN 47 requires cost estimates for asbestos abatement for friable and non-friable asbestos in BIA owned buildings and in this case schools regulated under AHERA. The AHERA Inspection/Reinspection shall include the 33 listed schools (Table1) in accordance with the AHERA as published in 40 CFR 763.85 final rule and notice.

Task 1 Pre-submittals:

A. Contractor shall prepare a health and safety plan (HASP) in accordance with 29 CFR 1910.120 to protect workers, children and staff and faculty. It shall include confined space entry protocol per 29 CFR 1910.146 and elevated climbing protocols above 6 feet for ladders per 29 CFR 1910.27 as required by the Occupational Safety and Health Administration Regulations.

a. The HASP shall be submitted for BIA review and approval. The HASP must include the location of nearness medical facility, their telephone number and directions to the facility from that location. This is necessary as emergency dial “911” may not be available in the more remote school locations.

b. It must also include worker protection requirements, current respiratory fit testing certification and current AHERA Inspector certification for AHERA Inspectors.

B. The Contractor shall prepare a draft work plan and a work schedule and submit the plans/schedule to DECSM for review and approval. Work may not commence until the contractor received approval from the BIA that documents are accepted. The work schedule shall be followed so that BIE Staff may be present to assist at the school location. Changes to the schedule will require a minimum of 48-Hour notice to both BIA and the affected BIE school.

1. The work plan shall include procedures;

A. Confined Space Entry:

a. For physical inspection in crawl spaces determined to be confined space areas under OSHA requirements of 29 CFR 1910.134, which requires the buddy system.

b. A confined space policy for use when entering confined space areas. This is to be followed by the contractor as inspectors shall enter crawl spaces to physically HA’s identified in the prior reinspection and provide a cost estimate to remove and TSI or asbestos in the crawl spaces and plenums.

c. The contractor must provide their respiratory protection program. Personal Protective Equipment, and

d. The contractor shall also be required to use an Oxygen meter to assure the confined space is safe to enter and has adequate oxygen.

B. The Contractor shall prepare a Sampling Analyses Plan (SAP) to document how and when bulk samples will be collected for asbestos analyses to address suspect ACBM and ACM if the original inspection and/or amendments overlooked some ACBM or if some areas of the building were not accounted for in the first inspection or previous re-inspection. The SAP will be followed by the contractor when collecting bulk samples required under the contract.

I. Task 2 Work to be performed.

The contractor shall coordinate with the AHERA Designated Person (DP), at the school, to assure that changes or abatement of the previously identified homogeneous area are documented in the 2011 Reinspection.

A. The contractor shall include the inspection, assessment and documentation of the overlooked areas in the re-inspection management plan. Any actual or assumed ACBM not previously identified that is discovered during the re-inspection shall be included in the management plan.

B. The update must include recommendations from a Management Planner for appropriate response action based on an Accredited Inspector’s assessment as required in 40 CFR 763.88 (d). The number of buildings inspected in 2011 is listed in the attached table. This building number is used to identify the buildings to be inspected at the school location. The use of buildings and removal of buildings may have changed in 2011. The Inspector is expected to access the building and make a determination if the building is occupied or still in use as for school purposes/operations.

C. Any new assumed ACBM will be laboratory analyzed as described in Task IV, A. Sampling.

D. The following materials, which may have been missed during the original AHERA inspection or later re-inspections, shall be evaluated for inspection and sampling:

1. Fire doors, cove base, re-silent sheet flooring/linoleum, interior and exterior duct insulation and vibration dampening cloth.

2. Wall materials such as gypsum wall board, joint compound, wall texture and hard plaster. These materials were overlooked in some schools during the inspection or re-inspections. These are not surfacing materials as is told by OSHA these materials are miscellaneous materials.

3. Distinct materials that were improperly grouped together as a single homogenous material may have been missed.

4. Other materials, such as boiler firebrick, gaskets, window caulking and hot water storage water blankets may have been missed.

5. Materials introduced to building(s) during renovations which have not been properly documented as ACBM or non-ACBM need to be sampled and lab analyzed.

6. The re-inspection shall include all crawl spaces and space between the dropped ceiling and floor or floor deck above. Crawl spaces are confined areas under OSHA requirements of 29 CFR 1910.134, which requires the buddy system and Personal Protective Equipment and is to be followed by the contractor. The contractor must develop in writing a respiratory protection program and a confined space entry plan to do the physical inspection. The contractor may not assume the crawl space remains the same and must enter and visually inspect the area.

7. All reports or plans generated by the contractor shall be initially submitted as a draft for approvals/concurrence by DECSM, COTR. The inspector should have touched all ACBM as in 40 CFR 763.85(b)(3)(ii) to determine if it is friable and still present.

8. The approved reports or plans generated by the contractor will be submitted to the schools, agency facility manager and regional AHERA coordinator within 30 days of the re-inspection draft reports returned. Who the reports are distributed to is described in III C. below.

9. No final mileage from the last re-inspection to the contractors work station will be allowed.

10. Do not re-inspect boarded-up or condemned buildings. A prior school building no longer defined as a school building is not re-inspected. Visually inspect the boarded-up building(s) for friable ACBM in order to comply with NESHAP regulations. No sampling of these buildings is to be performed.

IV Sampling:

Inspection shall be completed in all buildings at each of the 33 schools listed, including school buildings with no asbestos reported in 2008 to be in compliance with the Asbestos Hazard Emergency Response Act as published in 40 CFR 763.86 of the final rule and notice which includes sampling. A minimum of 3 samples will be collected for each Homogenous Area (HA) identified and not previously samples. Sampling will be conducted at the school at the time of the initial reinspection and shall be included in the bid price for the school inspection. No reimbursement for extra/separate trips to take samples will be paid by DECSM and no contract amendments for mileage to sample will be submitted by the contractor.

The cost of sampling will be on per unit basis. The Contractor shall submit a cost on a per unit basis and with a cost for an estimates number of samples. The contractor shall submit an invoice for the actual number of samples collected and analyzed up to but not to exceed the estimated dollar amount. The contractor shall bill against the line item for the actual number of bulk samples collected and analyzed and will refund any remaining balance to the Bureau. The contractor shall be responsible for shipping cost of the samples.

Should the number of samples exceed the estimated number of samples the contractor shall request a change order. DECSM will review the proposal and determine if funding is available for compensation.

A. The contractor shall collect more bulk samples in the following cases when needed:

1. When the number of samples of pipe fitting insulation or miscellaneous material appear to be insufficient to determine if the material is or is not ACBM. An example is where homogenous areas are very large.

2. When previously unidentified suspect materials are found during the re-inspection.

B. Polarized Light Microscopy (PLM) analysis of bulk samples collected shall be performed using AHERA prescribed techniques at Laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) in accordance with 40 CFR 763.87. The samples may be disposed of after one year.

V. Assessment:

Written assessment shall be provided for all friable known or assumed ACBM in all school buildings. The assessment shall be prepared in accordance with TCSA as published in 40 CFR 763.88 of the final rule and notice, and the assessment shall state the reasons for classifying the ACBM and suspected ACBM assumed to be ACM.

Written assessment shall be submitted to the school within 30 days of the draft re-inspection report returned for finalization. The seven (7) categories are:

1. Damaged or significantly damaged thermal system insulation ACM.

2. Damaged friable surfacing ACM.

3. Significantly damaged friable ACM.

4. Damaged or significantly damaged friable miscellaneous ACM.

5. ACBM with potential for damage.

6. ACBM with potential for significant damage.

7. Any remaining friable ACBM or friable suspect ACBM.

C. The ACBM shall be assessed by homogenous sampling area. If there is an area of significantly damaged material found within a homogenous area, the Contractor shall identify the room numbers where the significantly damaged material is located.

D. Locations of the ACBM shall be reported by homogenous sampling area. The inspector shall show by graphic representation (hatch marks, etc) on a building floor plan all rooms in which the material is present.

VI. Reports:

A copy of the 2011 AHERA Management Report is available at each school and shall not be removed from the school. DECSM does have in its files all the AHERA Reinspection reports from 1989 to the present which can be reviewed prior and during the fieldwork. The books cannot be removed from the site but may be copied.

A. Xerox copies may be made of the management report by the Contractor at the Agency headquarters or school. The Contractor may use the 2011 AHERA Management Report for reference while at the site while in the Administrative Office.

B. All reports, documentation and correspondence shall be in formats, forms or otherwise as requested by DECSM or the COTR. Formats to be used by the Contractor are the 2011 re-inspection reports. The reports are to be in six cover colors as: Pink-Western Navajo Agency, Blue-Chinle Agency, Green-Fort Defiance Agency, Cream-Northern Agency, Gray-New Mexico Navajo Central Agency (NMNCA) and Red-New Mexico Navajo Southern Agency (NMNSA).

C. Bound copies and CDs of each final re-inspection shall be provided to the following:

1.

One copy and condensed disc (CD) of all the respective schools in that specific agency to the Education Line Officer, Attn: Facility Manager;

2.

One copy with CD of a specific school reinspection to the Principal or Executive Director, Name of School;

3.

One copy master copy of all school reinspections with CD to the Navajo Regional Office, DECSM, Attn: Regional AHERA Coordinator, P.O. Box 1060, Gallup, NM 87305.

Copies to the schools of the final re-inspection report shall have a cover letter explaining the responsibilities and notification requirements. The CD, as the cover letter states, goes to the school and will be routed to the Designated AHERA Person who is normally in the Maintenance Department. The school copy is to be sent by certified mail. With a copy of each school signed/certified mailed or faxed receipt to Kendall Olson at fax (505) 863-8369.

D. The bound copies should include all the laboratory analysis from the original inspection report to the present re-inspection report. A copy of the 6-month periodic surveillance forms, in the bound copy, should be provided in APPENDIX E of the Management Reports.

E. Upon completion of the services, the Contractor will submit, in a binder, to the Navajo Regional Office AHERA Coordinator: 1. Transmittal Documentation and the 2. Principal/Executive Director letters for the AHERA 2011 Three Year Re-inspection Reports and Management Plans. The binder shall include copies of the letters sent to each of the Principals or Executive Directors, Name of School and copies of the certified mail receipts.

VII. Typical Services A. Submittal of the Health and Safety Plan (HASP) for review and approval. This plan is to address the health and safety of students, faculty and workers. The HASP is to be done prior to the start of the field re-inspections and within ten days of the contract award.

B. Certifications for inspectors and management planners shall be in the HASP.

C. All required notification to US Environmental Protection Agency (USEPA) Region IX and the Navajo Nation Environmental Protection Agency (NNEPA). A CD copy of the final re-inspections of the schools must be provided to NNEPA.

D. Refer to the section in 40 CFR 763 Subpart E that gives “Definitions” and see if there are any more structures at the school. This is defined in 40 CFR 763.83. All school buildings need to be re-inspected or inspected if they don’t have the statement of “No ACBM Used in Construction.” This statement of No ACBM should be included in the AHERA Management Plan at the school.

E. The re-inspection contractor is responsible for the exact measurement of each building requiring inspection/re-inspection.

F. Contractor will inform the Regional AHERA Coordinator of the proposed re-inspection schedule. Also to re-inform him when the schedule changes.

G. Field work shall be completed 90-days after the contract has been awarded.

H. The Contractor will make no exceptions of the project or adjustments to the SOW without notification to the Contracting Officer (CO) and the COTR and without prior approval of the CO.

I. Contractor shall submit a formal report of completion and itemized expenditure report. The Draft report of each location will be to the Regional AHERA Coordinator 30-days after each field re-inspection is complete. Final documents will be due to the CO within 30-days of the return of the draft. If the reports are lost, the Contractor shall provide another copy at the Contractor’s expense.

J. The names of schools in “Table One” should not be changed; however, if the contact person requires an update, this should be done by the Contractor. Names of contact person may change from retirement or resignation.

VIII. Leased Buildings

The Local Education Agency (LEA) should have documentation of the AHERA inspections prior to using the portable buildings as classrooms or a statement from an Architect or Project Engineer indicating no ACBM if the building was built after October12, 1988. This no ACBM statement is in: 40 CFR 763.99 (a) (7).

When conducting the re-inspections ask the DP if the school has any portable school buildings. Also, ask if any previously inspected portable school buildings have been moved away. The contractor shall contact the Regional AHERA Coordinator, to request a statement of no ACBM is needed for any portable buildings built after 10/12/1988. Some portables may be older than 10/12/88 and will require the original inspection to be conducted by the contractor in the event there is no record of a prior inspection or documentation of no asbestos in construction signed by the architect or engineer of record for the building.

IX. Requests of NRO DECSM

A. DECSM is requesting the following from all prospective bidders no later than ten days after the award of the contract.

B. Background clearance information for contractor staff who will be working on the re-inspections or inspections in accordance with the No Child Left Behind Act.

C. A list of the schools and/or other similar clients (no more than 5 clients) for whom you have performed a similar service (3-year re-inspection/original inspection). For each client provide a reference and indicate whether you have been retained for additional re-inspections/inspections.

D. Estimated costs of services should be presented except for reimbursable. The different aspects of your services should be itemized by price and estimated hours of work. This includes the projected costs of reimbursable and require payment schedule.

Table One – (6 pages), the information may have changed Agency/

School #

Agency Office/School Name

# Buildings Inspected 2008

1.Chinle/ N35E23

Agency/

Agency/

Agency Office/School Name

# Buildings Inspected 2008

Agency/

17. Fort Defiance

N360 Pine Springs

Fall 2011

18. Fort Defiance

Wide Ruins

Fall 2011

19. Fort Defiance

Holbrook

Fall 2011

20. Fort Defiance/ N36E14

Agency/

School Name

27. Northern / N32E07

28. Northern / N32E09

Agency/

Agency Office/School Name

Fall 2011

Fall 2011

GRAND TOTAL: _______________________

Table Two - AHERA REINSPECTION OF 28 SCHOOLS of 2011:

SCHOOL DISTRICT

CONTACT NAME & TELEPHONE #

Arizona Navajo North Agency:

Facility Manager

Lyle Clifford – 928.283.2321 Chilchinbito Community School

Benny Young – 928.697.3800 ext232

Tonalea (Red Lake) Day School

Kenneth Yellowhair – 928.205.9257

Arizona Navajo Central Agency:

Desmond Jones – 928.674.5182 Black Mesa Community School

Harvey Rose – 928.674.3632

Cottonwood Day School

Ernest Nez – 928.725.3235

Nazlini Boarding School

Fred Youvella -928.755.6125

Pinon Community School

Stanley Nakai – 928.725.2617

Rock Point Community School

Calvina Barry - 928.659.4221 ext 218

Arizona Navajo South Agency:

Victor Puente – 928.729.7303

Crystal Boarding School

Denny Ben – 928.777.2385

Kin Dah Lichi’I’Olta (Kinlichee)

Edward David – 928.286.7479

Seba Dalkai Boarding School

Parnell Tom – 928.657.3401

Wide Ruins Community School

Tommy Mannie – 928.652.3251

New Mexico Navajo Central Agency:

Barbara Hanson – 505.786.6022

Dibe-Yazhi-Habitiin-Olta,Inc.(Borrego Pass) Everly Vandever – 505.786.5237

Hanaa’di (Huerfano)

Verna Largo– 505.960.3411

Lake Valley Navajo School

Clintis Muskett – 505.786.7112

Mariana Lake Community School

Henry King – 505.786.5265

Ojo Encino Day School

David Willeto– 505.731.2333

Na’Neelzhin Ji’Olta’ (Torreon)

Everett Toledo – 505.731.2272

Dzilth-na-dith-hle (DZ)

Marcia Largo – 505.960.0358

New Mexico Navajo South Agency:

Facility Manager Paul Tohtsoni – 505.488.6422 Bread Springs Day School

LeRoy Toledo, Sr. – 505.778.5665

To’hajiilee Community School (Canoncito)

Larry Holman – 505.908.2174

Alamo Navajo Day School

Romero Brown – 505.854.2635 ext 2005

New Mexico Navajo North Agency:

Sandra Ahasteen– 505.368.3429 Kinteel Residential Campus, Inc (Aztec)

Alfred Charlie – 505.334.6565

Beclabito Day School

Alvin Hobson – 928.656.3555

Cove Day School

Robert Smart – 928.653.4457

Red Rock Day School

Alvin Belin – 928.653.4456

Sanostee Day School

John Frank – 505.368. 3427

Navajo Preparatory School

Edward Reece – 505.326.6571

Rocky Ridge Boarding School Samuel Robinson – 928.401.1282 or 928.725.3650

Award will be made to the lowest priced offeror, whose quote confirming to the requirements herein, will be most advantageous to the Government, and is fair and reasonable. This is a Fixed Price Contract.

CONTRACT CLAUSES: The following FAR Clauses including all addenda applies to this acquisition: FAR 52.212-1, Instructions to Offerors-Commercial Items; FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items; FAR 52.212-4 - Contract Terms and Conditions-Commercial Items; FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In paragraph (b) of FAR 52.212-5(b),the Contractor shall comply with the following FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive order applicable to acquisitions of commercial item: FAR 52.233-18, Encouraging Contractor Policies to ban Text Messaging while Driving (AUG 2011); FAR 52.225-1 Buy American Act-Supplies (May 2014) (41 U.S.C. 10a-10d); FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JULY 2013)(31 U.S.C. 3332); FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Item (May 2008); DIAR and FAR clauses are herein incorporated as follows: FAR 52.232-18 Availability of Funds (April 1984); FAR 52.216-02, Economic Price Adjustment-Standard Supplies, (JAN 1997); DIAR 1452.226-70, 1452.28-1 Notice to Indian Small Business Economic Enterprises Set Aside; 1452.28-2 Notice to Indian Economic enterprises set aside; 1452.280-3 Subcontracting limitations; 1452.280-4 Indian economic enterprises representation;

FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (December 2013). The Federal Acquisition Regulation clauses and provisions are available in the internet at: http://www.acqusition.gov or may be requested from the Contracting Officer.

Award will be made at a fair and reasonable price to the lowest responsive and responsible offeror whose quote confirming to the requirements herein will be the most advantageous to the Government. Provide DUNS# and TAX ID# with a signed and dated quote, along with a complete copy of the FAR Clause 52.212-3, Offeror Representations and Certifications Commercial Items and DIAPR 1452.280-4, Indian Economic Enterprise Representation. The RFQ is due at the Bureau of Indian Affairs, Navajo Regional Office, Division of Acquisition, Attention: Charmaine Williams-James, P.O. Box 1060, Gallup, New Mexico 87305 by local time on June 19, 2015 by 5:00 pm (Local Time, Gallup, NM). Quotes submitted by facsimile and emails will be accepted. Any further questions regarding this announcement may be directed to Charmaine Williams-James, Contract Specialist, at (505) 863-8227, by fax at (505) 863-8382. Email: charmaine.williams-james@bia.gov.

All contractors submitting quotes must be registered in the SAM www.sam.gov in order to receive contracts and purchase orders from the Federal Government pursuant to FAR Clause 52.204-7. To register or learn more about the SAM, go to: http://www.sam.gov.