Draft EDDS PWS Tasks.pdf

PART 5

SPECIFIC TASKS

5.0 Specific Tasks. The contract shall provide non-personal EDDS required to support the successful operation of the DLP. Services include support to (a) adoption of categorical exclusions; (b) application of categorical exclusions to projects; (c) project environmental assessments; (d) development and recommendation of effective mitigation strategies to address identified environmental risks; (e) efforts to ensure that projects comply with applicable local, state, federal, and international environmental laws and regulations; (f) development and implementation of a comprehensive records classification and retention schedule in line with federal and tribal guidelines; and (e) maintenance of strong relationships with clients and stakeholders by delivering high-quality due diligence services that support informed decision-making and promote sustainable project outcomes.

5.0.1 The contractor shall support the conduct of, or review of, thorough environmental assessments of projects to identify potential impacts and liabilities, evaluating air, water, soil, and ecological parameters to ensure environmental risks are clearly understood and documented.

5.0.2 The contractor shall support the review, adoption, implementation and application of categorical exclusions by the OSC, including the application of categorical exclusions to specific projects or transactions.

5.0.3 The contractor shall support the development and recommendation of effective mitigation strategies to address identified environmental risks, including remediation measures, sustainable practices, and monitoring plans to minimize adverse impacts on ecosystems and communities.

5.0.4 The contractor shall support efforts to ensure projects comply with applicable local, state, federal, tribal and international environmental laws and regulations, assisting clients in navigating complex regulatory frameworks and obtaining necessary permits and approvals.

5.0.5 The contractor shall develop and implement a comprehensive records classification and retention schedule in line with federal guidelines for environmental records, ensuring proper retention times, lawful disposal practices, and systematic retrieval of records when needed.

5.0.6 The contractor shall maintain strong relationships with clients and stakeholders by delivering high-quality due diligence services that support informed decision-making and promote sustainable project outcomes.

5.1 Environmental Assessment and Due Diligence

5.1.1 The contractor shall review existing environmental reports, permits, and regulatory documentation related to the project, including previous assessments and remediation reports.

5.1.2 The contractor shall identify potential environmental risks (e.g., contamination, habitat disruption, waste management issues) and assess their magnitude and likelihood.

The contractor shall support performance of on-site inspections and environmental sampling (soil, water, air) to verify existing conditions and detect potential contamination or degradation. Representative work may include:

5.1.2.1 Recommendation of strategies for assessment and monitoring of compliance and funded projects.

5.1.2.2 Assessment of the adequacy of environmental and health and safety audits and reports submitted to the OSC by project sponsors or borrowers during project construction and operations.

5.1.2.3 Assessment of the project sponsors’ or borrowers’ representations of compliance with environmental and health and safety licenses, permits, approvals and regulations, analysis of any project changes that may require additional environmental review, and the project’s adherence to any commitments made that can have a material effect on the project’s ability to comply with Federal, State, Tribal, or local administrative or regulatory agreements, control environmental impacts or protect worker health and safety.

5.1.2.4 Preparation of brief written reports for OSC, providing the basis of conclusions regarding the adequacy of the project’s ongoing environmental and/or health and safety reports.

The contractor shall support review of initial checklists/environmental reports. Representative work may include:

5.1.2.5 Review and assessment of application submissions for conformance with the environmental requirements of the applicable OSC environmental requirements.

5.1.2.6 Review of environmental information included in the application submissions to ensure they provide a substantial basis for the preparation of any required environmental review and related National Environmental Policy Act (NEPA) documentation.

5.1.2.7 Provision of an assessment explaining the factors considered in the recommendation of completeness.

5.1.3 The contractor shall complete review and provide comment on the supplementation of application environmental reports. Representative work may include:

5.1.3.1 Assessment of the adequacy of the environmental analysis contained in applicants’ submitted information for purposes of NEPA documentation.

5.1.3.2 Consideration of the potential for impacts to physical, biological, and socio-cultural resources.

5.1.3.3 Provision of justification for determinations of adequacy including conformance with Council on Environmental Quality regulations, guidance, and policy.

5.1.3.4 Validation, to the extent practicable, of the applicants’ conclusions regarding potential environmental impacts, or the lack thereof, and the significance of those impacts.

5.1.3.5 Preparation of written assessments of the adequacy of applicants’ submitted information and provide recommendations for closing gaps in the necessary documentation.

5.1.4 The contractor shall prepare Environmental Assessments and support development of responses to Public Comments. Representative work may include:

5.1.4.1 Work with applicants to prepare draft environmental review documentation (Categorical Exclusions, Findings of No Significant Impact, Environmental Assessments, or Environmental Impact Statements) acceptable to reviewers.

5.1.4.2 Development of responses to comments received, estimated to be typically no more than three review iterations per document.

5.1.4.3 Coordination with OSC and the applicants or applicants’ environmental contractor(s) to resolve outstanding issues and determine the need for additional analyses and information.

5.1.4.4 Working with OSC to produce environmental review documents to address any substantive public comment as appropriate.

5.1.4.5 Collection and synthesis of public comments and revision of documents to address any substantive public comments that were received.

5.1.4.6 Participation in regularly scheduled progress meetings or conference calls with DOD OSC staff;

prepare presentations, briefings, and/or other communications, as requested by DOD OSC staff, track NEPA environmental review progress; and compile project related environmental review information appropriate for inclusion in an Administrative Record.

5.1.4.7 Working with DOD OSC staff to finalize and publish an appropriate NEPA decision document (Record of environmental consideration, Findings of No Significant Impact [FONSI], or Record of Decision).

5.1.5 The contractor shall support compilation of comprehensive reports detailing any constraints, issues, or liabilities related to the environmental conditions of project sites.

5.1.6 The contractor shall assist with development of responses to applicant inquiries regarding the environmental assessment process.

5.2 Mitigation Strategy Development

5.2.1 The contractor shall support design of appropriate mitigation measures to address identified environmental risks, including remediation plans, pollution prevention strategies, and sustainable practices.

5.2.2 The contractor shall support evaluation and proposal of remediation technologies and methods that are cost-effective and environmentally sound, tailored to specific risks.

5.2.3 The contractor shall support preparation of detailed action plans outlining the steps, timelines, and responsibilities required to implement proposed mitigation measures.

5.2.4 The contractor shall support identification of potential funding mechanisms or financial incentives to support the implementation of environmental mitigation strategies.

5.3 Regulatory and Compliance Advisory

5.3.1 The contractor shall provide non-inherently governmental environmental legal advice.

5.3.2 The contractor shall provide written and oral advice, expertise, and assistance regarding environmental laws affecting the underlying commercial project or transaction or the loan to the applicant or borrower. Such legal advice must be provided by a licensed attorney with expertise and capability in environmental law. Representative work may include:

5.3.2.1 Provision of advice, expertise, and assistance on all aspects of the Federal environmental permitting, review, and authorization processes for OSC, including but not limited to compliance with the

NEPA.

5.3.2.2 Provision of advice, expertise, and assistance relating to state and local land use matters applicable to OSC funded projects.

5.3.2.3 Rendering of advice concerning environmental reviews, environmental planning, and authorizations required for OSC.

5.3.2.4 The contractor shall support efforts to assist clients in navigating the permitting process, ensuring all necessary environmental permits and approvals are obtained in a timely manner.

5.3.2.5 The contractor shall support monitoring of ongoing compliance with environmental regulations throughout the project lifecycle and advise clients on regulatory changes that may affect the project.

5.3.2.6 The contractor shall advise on the development of environmental compliance procedures and supporting documentation. Representative work may include, but not be limited to advising OSC on development or revision of NEPA Procedures and Categorical Exclusions with a supporting Administrative Record.

5.3.2.7 The contractor shall recommend industry best practices and innovative approaches to environmental management that support compliance and sustainability.

5.4 Environmental Modeling and Risk Analysis

5.4.1 The contractor shall collaborate with technical experts to develop environmental models that forecast potential impacts, assess exposure levels, and predict long-term environmental performance.

5.4.2 The contractor shall analyze the environmental models to assess risks such as pollutant dispersion, ecological damage, and public health impacts, providing a quantitative basis for decision-making.

5.4.3 The contractor shall propose frameworks for managing and mitigating environmental risks based on the analysis, ensuring that risk management measures are integrated into project planning.

5.4.4 The contractor shall assess and comment on the financial implications of environmental risks and mitigation measures, ensuring that potential costs are factored into the overall project budget.

5.5 Reporting and Documentation

5.5.1 The contractor shall produce comprehensive environmental due diligence reports that document all findings, assessments, and recommendations related to the project’s environmental aspects.

5.5.2 The contractor shall draft necessary documents such as environmental impact assessments, remediation plans, and compliance certifications.

5.5.3 The contractor shall support negotiations with project stakeholders to ensure that environmental risks and mitigation measures are clearly incorporated into contractual agreements.

5.5.4 The contractor shall compile and organize all environmental documentation required for regulatory submissions and audits, ensuring that records are complete and up-to-date.

5.5.5 The contractor shall develop guidance documents to be used by applicants. Representative work may include, but not be limited to:

5.5.5.1 Development of an environmental review guide to be provided to applicants.

5.5.5.2 At the option and upon request of the Government, contractor shall undertake development of a third-party environmental contracting handbook to be provided to applicants.

5.5.5.3 The contractor shall support efforts to perform outreach and communication to applicants regarding applicable requirements. Representative work may include updating frequently asked questions (FAQs) and informational website for applicants.

5.6 Post-Assessment Support

5.6.1.1 The contractor shall provide guidance on maintaining environmental compliance after project completion, including monitoring and reporting requirements.

5.6.1.2 The contractor shall support efforts to assist with the implementation and oversight of remediation or mitigation measures, ensuring that they are effective and adhere to agreed timelines.

5.6.1.3 The contractor shall support oversight of the fulfillment of any long-term environmental obligations, such as site monitoring, maintenance of remediation systems, and periodic audits.

5.7 Dispute Resolution

5.7.1 The contractor shall support representation of clients in disputes, including litigation, related to environmental issues, including disagreements over impact assessments, remediation responsibilities, or regulatory compliance.

5.7.2 The contractor shall support facilitation of discussions between stakeholders to resolve conflicts arising from environmental assessments and mitigation measures.

5.7.3 The contractor shall support employment of employ mediation, arbitration, or other alternative dispute resolution methods to settle environmental disputes efficiently and cost-effectively.

5.8 Other general legal issues support not covered by any of the above categories.

5.8.1 In addition to the specific EDDS outlined in this contract. The Contractor shall provide advice and guidance on general environmental issues that are not explicitly covered elsewhere in this contract. The Contractor agrees to provide such advice and guidance as reasonably necessary to support OSC and ensure compliance with applicable laws and regulations. This may include, but is not limited to, providing guidance on environmental matters that arise during OSC activities, reviewing and advising on contracts and agreements, and assisting with regulatory compliance and risk management. Contractor shall use its best efforts to identify and bring to OSC's attention any potential environmental issues that may impact OSC’s operations and shall work with OSC to develop strategies for addressing such issues.

5.8.2 The Contractor shall also support federal staff in consultations with various agencies including: the Advisory Council on Historic Preservation and State Historic Preservation Officers to comply with the National Historic Preservation Act; the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to comply with the Endangered Species Act; the U.S. Army Corps of Engineers to comply with wetland and waters of the U.S. protections afforded by the Clean Air Act; and Tribal organizations to ensure appropriate government-to-government consultation and coordination pursuant to EO 13175.