Draft_Statement_of_Work_TX_FLP_EA_Assessments.docx

Statement of Work Environmental Assessments (EAs) For United States Department of Agriculture Farm Service Agency April 2015

1.0 BACKGROUND

The United States Department of Agriculture Farm Service Agency (FSA) seeks a blanket purchaser agreement (BPA) to provide environmental assessment reports for projects being funded with Farm Service Agency Farm Loan Program funds for all counties in the State of Texas as described below and as ordered by specific delivery orders issued under a BPA. The contractor shall be expected to furnish all necessary personnel, materials, equipment, services, travel, facilities, and otherwise do all things necessary to provide the environmental assessment reports required for environmental compliance in accordance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., CEQ regulations, and USDA implementing regulations, which specify that before implementing activities that have the potential to impact the human environment, Federal agencies must consider all potential environmental impacts of their proposed actions by incorporating an analysis of impacts into their decision-making processes and considering reasonable alternatives to those activities.

2.0 SCOPE

FSA procedures call for the preparation of a Class I or Class II environmental assessment when it is unclear whether a FSA funded activity will significantly affect the environment. They are concise documents which provide analyses sufficient as appropriate to support a Finding of No significant Impact (FONSI) or Decision Notice (DN). Contactors may utilize Exhibit A Contractor Statement of Interest, to indicate the geographical areas and types of Environmental Assessments they can provide.

3.0 OBJECTIVES

Procure appropriate levels of environmental review and impact analyses to ensure compliance with applicable environmental and cultural resource laws, regulations, and Executive Orders for projects which cannot be categorically excluded. I.e. Class I environmental assessments are prepared when the nature of the project is such that it has been demonstrated through prior analysis to not significantly affect the environment yet further action is needed to fully explore the potential for limited or specific environmental concerns. Class II environmental assessments are prepared for more complex proposals that may involve multiple Federal Agencies or resources, which are controversial in nature and/or call for public input.

Examples of Class I and Class IIs criteria include but are not limited to the following:

Financial assistance for constructing or enlarging aquaculture facilities.

All other aquaculture facilities.

Financial assistance for land clearing operations.

To determine the level of analysis required for a new or expansion of a livestock holding facility, activity, or feedlot, the following table is used unless the States has more stringent requirements for permitting. In States that have more requirements, the State requirements take precedence over the requirements listed in the table.

Animal Type Numbers equal to or greater than Numbers equal Numbers equal to or greater than belowbelowbelowaetermore than Excess of These Numbers

Head

Head

1,000

2,500

10,000

10,000

30,000

82,000

100,000

55,000

4.0 TASKS AND SERVICES REQUIRED

4.1 Kickoff Meeting and Internal Agency Scoping. The contractor’s designated project manager will attend a kickoff meeting with the designated Agency Official at a mutually agreed upon location or via teleconference. The purpose of the meeting is to define the project approach, identify data needs, and establish a deliverables schedule. Additional meetings or conference calls may follow the kickoff meeting in order to complete data collection.

4.2 Project Management Plan. Following the kickoff meeting, the contractor will develop a project management plan (PMP) which will briefly describe the project approach including resources potentially impacted, identification of alternatives to be evaluated, and the level of public involvement and scoping. Additionally, the PMP shall also include:

· Table of tasks and deliverables and the dates each will be completed.

· Provision for consultation and coordination with the appropriate agencies and public notice as required when a protected resource is potentially affected, such as threatened and endangered species or their critical habitat, cultural resources, wetlands, floodplains or areas within the coastal management zone. When government to government tribal consultation is necessary the contractor shall coordinate communication thru the designated Agency Official.

The contractor will deliver a draft of the PMP in electronic format to the designated Agency Official prior to beginning effects analysis to ensure the proposed activities are accurately defined, resources not impacted are eliminated from the analysis, alternatives identified are viable and the deliverable time table is acceptable.

4.3 Draft Class I and Class II Environmental Assessment Upon approval of the PMP by the designated Agency Official, the contractor shall proceed with effects analysis and prepare a draft environmental assessment (DEA) This document will be submitted in electronic format to the designated Agency Official in accordance with the following:

· Class I environmental assessments require the contractor also prepare and attach for submission to FSA for review and consideration of approving the DEA as final:

· Draft Finding of No Significant Impact (FONSI) or Decision Notice (DN) summarizing the results of the environmental analysis.

· Class II environmental assessments require that the contractor also prepare and attach for submission to FSA for related action the following:

· Notice of Availability (NOA) to inform the public that the DEA is available for their review and comment. The NOA will be delivered to FSA and published by the applicant at FSA’s direction. The contractor will identify locations in the areas affected by the proposed activities where the document can be made available for public review.

· Coordination Letters to notify appropriate agencies and additional stakeholders identified of the availability of the DEA for review.

4.4 Final Class II Environmental Assessments A proposed final environmental assessment (FEA) will be prepared by the contractor and incorporate DEA comments from FSA, consultation and coordination letters and the public. It will be submitted in electronic format to the designated Agency Official and include the following:

· Notice of Availability (NOA) to inform the public that the FEA proposal of a FONSI is available for their review and comment. The NOA will be delivered to FSA and published by the applicant at FSA’s direction. The contractor will identify locations in the areas affected by the proposed activities where the document can be made available for public review.

· Coordination Letters to notify appropriate agencies and additional stakeholders identified of the availability of the FEA for review.

Upon conclusion of the final comment period, the contractor will prepare and submit in electronic format to the designated Agency Official a draft of the final FONSI or DN summarizing the results of the environmental analysis including consideration of comments received during the final comment period.

4.5 Administrative Record. All materials associated with the project shall be consolidated and organized into a single project file that includes a table of contents of all contents for delivery to the designated Agency Official.

4.6 Status Reports. Status reports will be submitted bi-weekly to FSA. These reports will contain a summary of the work performed in that month, work anticipated occurring in the following month, and any problems or issues encountered.

5.0 DELIVERABLES AND SCHEDULE

6.0 GOVERNMENT FURNISHED MATERIALS.

6.1 Reference Material FSA will provide the contractor a description of the proposed activities as provided by Exhibit B Task Order, copies of applicable Agency regulations, handbooks, and other guidance documents relevant to the proposed activities.

6.2 Public and Agency Involvement. FSA will assist with identifying agencies and stakeholders and be responsible for distributing coordination letters, coordinating Tribal consultations, instructing applicants regarding publishing notices of availability, providing input for addressing comments from the public and agencies, and any required formal consultation with regulatory agencies.

7.0 SECURITY AND SPECIAL CONSIDERATIONS

7.1 Regulatory Compliance. All work will adhere to the requirements of:

· Privacy Act and related provisions for the protection of personally identifiable information

· Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR 1500-1508;

· FSA NEPA implementing regulations, 7 CFR 799;

· Relevant FSA handbook or program guidance;

· Relevant environmental laws, regulations, and executive orders (EO) including but not limited to the Endangered Species Act, the National Historic Preservation Act, the Clean Water Act, the Clean Air Act, EO 12898, EO 11988.

7.2 Ownership of materials. The government, for itself and such others as it deems appropriate, will have unlimited rights to all information and materials developed in support of this contract including the right to use, duplicate, or disclose text, data, drawings, and information, in whole or in part in any manner and for any purpose whatsoever without compensation to, or approval from, the contractor. All text, electronic digital files, data, and other products generated under this contract shall become the property of the government.

7.3 Specifications for Report Production and Security of Deliverable Transmittal. The contractor will produce deliverables according to FSA standard formats. FSA requires deliverables be prepared using Microsoft Word, Adobe Acrobat, Microsoft Project, and Microsoft Visio software. They should be delivered to the attention of the designated Agency Official. The report file must contain the complete report, transmittal letter, certified signature page and related supporting documentation. All pages should be formatted appropriately and sequentially numbered.

An electronic copy of the assessment report and supporting documentation is the preferred format for delivery If the contractor is unable to provide a PDF version of the report they may provide two hard copies of the report by express delivery company (not USPS). A follow up email to designated Agency Official advising as to the date, time and means of transmittal must be sent and receipt confirmed.

7.3 Expert Witness Testimony Contractors shall be expected to defend their professional assessments and present testimony at any hearing, mediation or legal proceeding. The FSA will reimburse the Contractor at an hourly rate plus reasonable reimbursement for transportation, lodging, and meals. (“Reasonable" is defined, as that rate applicable to FSA personnel at the GS 12 General Pay Scale.) The following should govern the reimbursable ratio:

· Mileage: The FSA rate in effect at the time from the contractor's place of business/residence to the hearing site and return. (Road Atlas shall be used to determine or confirm mileage.)

· Lodging and Meals: Contractor must be in FSA approved travel status more than ten (10) hours to receive per diem benefits for meals up to the current eligible daily amount for an FSA employee. A receipt from the motel/hotel must be provided for lodging claims. The per diem rate will be the minimum/maximum rate that applies to FSA employees for the area of travel and overnight lodging.

· Hourly Rate: Rate shall consist of actual time in attendance at a hearing, meditation, or legal proceeding. This includes time spent driving from business/residence to the location. Reimbursement will also be made at the hourly rate for time spent in preparation for the proceedings as negotiated by the contracting officer.

· Miscellaneous Expenses: Expenses such as telephone calls may be allowed, but must be supported by receipts received from the telephone company.

Expert Witness Testimony will be requested and reimbursed under a separate purchase order for each occurrence.

8.0 PERFORMANCE OF CONTRACTOR

8.1 Place and Means The means, methods and place of performance is at the discretion of the contractor but must be in keeping with provisions to protect personally identifiable information and protection afforded by the Privacy Act.

All contractor prepared environmental assessments reports must be certified to have been prepared, in conformity with the governing rules and regulations of the Texas Board of Professional Engineers and the Texas Professional Engineer Practice Act. Key environmental engineers assigned responsibility for components of the environmental analysis must be recognized by the Texas Board of Professional Engineers. Contractors and are required to furnish a current copy of the Texas Professional Environmental Engineer License for the record.

8.2 Inspection and Acceptance of Delivered Assessments All delivered and invoiced assessments are subject to a review for compliance with FSA requirements. Reviews will be conducted by the designated Agency Official requesting the assessment within seven (7) days of receipt. Additional time will be allowed for review of questionable or complex assessment which must be elevated to the State Environmental Coordinator or National Environmental Compliance Manager for review. The Professional Environmental Engineer will be contacted in the event of discrepancies and given an opportunity to make corrections. Corrections should be made upon receipt of the review and corrections returned within seven (7) working days.

9. PERIOD OF PERFORMANCE

The BPA may be terminated under any of the following circumstances:

· Upon 30 days written notice from either party

· When a contractor fails to abide by the terms and conditions of the BPA, including but not limited to:

· Accepts orders but routinely fails to deliver when promised

· Fails to offer FSA “most favored” customer status

· Provides goods and/or services not listed in the BPA

· Suspension of State of Texas Professional Engineer’s license

· Routinely fails to correct errors in reports or defend reports under review or appeal.

· Upon FSA’s determination that the goods or services provided are not appropriate for a BPA

· When the contractor consistently provides poor services

· If the contractor files fraudulent claims

· If the contractor demonstrates improper business practices or personal conflicts of interest

· If the contractor demonstrates kickbacks or favors to government employees in exchange for business.

EXHIBITS

Exhibit A Contractor Statement of Interest

Exhibit B FSA Task Order