RFI ERI TA_2024_07_03.pdf

SOURCES SOUGHT NOTICE MARKET RESEARCH

for

Technical Expertise and Support Services for FHWA Environmental Review Implementation (ERI) Fund Technical Assistance Centers

1. SUBMITTAL INFORMATION

ISSUE DATE: 7/3/2024

DUE DATE FOR RESPONSES: 7/15/2024, 10:00 AM Eastern Daylight Time

SUBMIT RESPONSES TO: Carolyn.Lethert@dot.gov and Christina.McMurtry@dot.gov

See below Section 5 entitled “REQUESTED CONTENT OF RESPONSES TO THIS SOURCES SOUGHT” for submittal content instructions.

2. INTRODUCTION

This is a Sources Sought (SS) notice (also known as a Request for Information (RFI)). This is NOT a solicitation for proposals, proposal abstracts, or quotations. The Federal Highway Administration (FHWA) is conducting a market survey to identify potential sources for an anticipated contract or cooperative agreement to establish and implement the FHWA Environmental Review Improvement (ERI) Fund Technical Assistance Centers. The purpose of this notice is to obtain information for planning purposes regarding the availability and capability of qualified sources to perform the work.

Pursuant to 48 C.F.R. Part 10, the Government is conducting market research to:

• Determine what Commercial sources exist that are capable of satisfying the Government’s requirements listed below in Section 4,

• Determine the practices of potential contractors,

• Determine the size and Small Business status of potential sources, and

• Determine the level of competition and possible acquisition strategies (i.e., 8(a), set-aside or full and open).

This SS is issued solely for informational, market research, and planning purposes and does not commit the Government to any further contract actions, i.e., solicitation and/or contract.

Respondents are advised that the United States Government will not pay for any information or administrative cost incurred in responding to this SS request. Not responding to this SS does not preclude participation in any future Request for Proposals (RFP) that may be issued. Responses to this notice are not offers and cannot be accepted by the U.S Government to form a binding contract.

3. BACKGROUND

The purpose for this SS is to conduct market research to identify potential offerors having an interest in performing the work, and the resources required to accomplish the work described herein. Consideration will be given to small business concerns, including the sub-categories of mailto:Carolyn.Lethert@dot.gov mailto:Christina.McMurtry@dot.gov

Service Disabled Veteran Owned Small Business (SDVOSB), Historically Underutilized Business Zone (HUBZone), 8(a), Small Disadvantaged Business (SDB) and woman-owned as well as identifying Best in Class and Spend Under Management solutions as identified in OMB Memorandum M-19-13 and subsequent memos. The result of this market research will contribute to determining the method of procurement.

This document contains a raft scope of work (Section 4 below). Your firm’s response regarding your firm’s experience and capabilities will be used to determine the availability of potential businesses, both large and small, and their capabilities in meeting the Government’s requirement.

Through this SS notice, FHWA is seeking not only to identify potential sources for an anticipated contract but also to solicit feedback on the draft Scope of Work (SOW) itself, including on the content of the tasks and deliverables and reasonableness of the schedule that is described below.

4. DRAFT SCOPE OF WORK

The proposed NAICS code for this requirement is 541620, Environmental Consulting Services.

The proposed product service code for this requirement is R408 Support-Professional: Program Management/Support.

BACKGROUND

On August 16, 2022, President Joseph R. Biden, Jr., signed the Inflation Reduction Act (IRA), Public Law 117–159 (August 16, 2022). The IRA provides over $1 billion over 10 years to several Federal agencies to facilitate efficient and effective reviews under the National Environmental Policy Act (NEPA) and other Federal processes. Section 60505 of the IRA, ERI Funds, amends title 23, United States Code (U.S.C.) by adding 23 U.S.C. 178, and provides $100 million, available until September 30, 2026, to the Federal Highway Administrator. Funds under this program may be used by FHWA to develop guidance, technical assistance, templates, training, or other tools to facilitate an efficient and effective environmental review process for surface transportation projects. This includes rail projects funded by the Federal Rail Administration (FRA) and public transportation projects funded by the Federal Transit Administration (FTA).

FHWA intends to create and fund ERI Technical Assistance Centers where “eligible entities,” as defined in 23 U.S.C. 178(c)(2), can receive technical assistance in relation to the environmental review process. The technical assistance to be provided will focus on capacity building support in relation to:

• The environmental review and permitting process,

• Environmental considerations during grant application development, and

• Assistance with efficient environmental reviews and permitting for awarded grants.

https://www.whitehouse.gov/wp-content/uploads/2019/03/M-19-13.pdf https://www.whitehouse.gov/wp-content/uploads/2019/03/M-19-13.pdf

FHWA has made $18.5 million available for the ERI Technical Assistance Centers and expects that ERI Technical Assistance Centers will focus on general technical support across a given region, or support for more specific subject matter areas regardless of geographic area.

FHWA is seeking up to six contractors to establish and execute the ERI Technical Assistance Centers for the capacity building and provision of technical assistance related to the environmental review and permitting process to eligible entities. The ERI Technical Assistance Centers will provide needed capacity-building support to eligible entities to ensure they can adequately deliver projects.

FHWA anticipates awarding six contracts divided into regions of the country. FHWA is seeking feedback on how to divide the country into regions for the purposes of these contracts. The Government’s current proposed method of dividing the country into regions is described below:

• Region 1 – Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont

• Region 2 – Alabama, Florida, Georgia, Louisiana, North Carolina, South Carolina, Virginia, Washington DC

• Region 3 – Arkansas, Illinois, Indiana, Iowa, Minnesota, Mississippi, Missouri, Wisconsin

• Region 4 – Colorado, Idaho, Kansas, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Utah

• Region 5 – Alaska, Arizona, California, Hawaii, Nevada, New Mexico, Oregon, Washington, Wyoming

• Region 6 – Kentucky, Maryland, Michigan, Ohio, Pennsylvania, Tennessee, West Virginia

OBJECTIVE

The purpose of this SOW is to procure the services of up to six contractors that will develop a program of capacity building, technical assistance, and/or training to recipients of surface transportation funding on the environmental review and permitting process and NEPA.

Specifically, the contractor will demonstrate expertise in the following areas:

• Capacity building and technical assistance to and/or with Government organizations to support the needs of underserved populations and geographies.

• Scoping and/or planning of environmental reviews.

• Writing and development of NEPA documents.

• Resource and regulatory agency coordination and permitting requirements.

• Interagency coordination.

• Community engagement before, during, and after the NEPA process.

• Mediation and consensus-building between diverse stakeholders.

• Environmental justice and equity.

• Section 106 of the National Historic Preservation Act.

• Government-to-government consultation and coordination with Tribes.

• Natural environment and/or wildlife considerations.

• Federal requirements, particularly requirements that apply to Title 23, such as Civil Rights, ADA and 504.

• Best practices for development of NEPA documents and the NEPA process.

• Addressing NEPA requirements for discretionary grant program applications and discretionary grant awards.

The ERI Technical Assistance Centers contracts will have an estimated 18-month period of performance..

TASK AREAS

The work under this Contract must be performed under the tasks listed below and described in detail thereafter:

• Task 1: Project Management;

• Task 2: Technical Assistance Design and Delivery;

• Task 3: Outreach;

Task 1: Project Management

The Contractor must develop a Draft Project Management Plan (PMP) within two days before the kickoff meeting to initiate the project. The PMP must describe the practices that will be employed to manage the project, including detailed staff assignments, templates, deliverable schedules, costs, and a risk management plan. . The PMP must also include a demonstrated method to measure progress, including performance targets, metrics, milestones, objectives, goals, deliverables, and management of risks and challenges. Following the review of the Draft PMP, a kick-off meeting will be held between the TRP and Contractor team to ensure that all parties have a complete understanding of the project scope, schedule, milestones, project budget, contract/task, and invoicing procedures. After receipt of comments from the COR on the Draft PMP, the Contractor must prepare a final PMP. The final version is due two weeks after the kickoff meeting. The Contractor must provide communication in the form of monthly status reports, invoices, and meeting minutes to the COR.

With the Monthly Progress Reports, the Contractor must also submit a Technical Assistance Tracking Spreadsheet. The completed template, to be provided by FHWA, will document all technical assistance requests received and technical assistance provided each month. The Technical Assistance Tracking Spreadsheet must also document any requests for technical assistance received from ineligible entities.

If technical assistance provided is at a cost greater than $5,000, the Contractor must provide additional information in a Technical Assistance Summary Document, a template for which will be provided by FHWA. The Technical Assistance Summary Document will provide FHWA with additional details about the number of hours of technical assistance provided and the issues that the technical assistance sought to address.

Task 1: Deliverables

• Monthly status reports;

• Technical Assistance Tracking spreadsheet;

• Technical Assistance Summary Document, as needed;

• Monthly invoices;

• Emails and communications (monthly conference calls), as needed;

• Draft PMP (includes a project schedule, and review schedules, with deliverables and milestone dates);

• Final PMP; and

• Kick-off meeting and subsequent meetings agendas and minutes.

Task 2: Technical Assistance Design and Delivery The Contractor shall design and develop technical assistance offerings subject to review and input from FHWA. The Contractor shall identify the scope of the technical assistance to be provided, e.g., on a subject matter basis, regional basis, or the general environmental review and permitting process.

The exact tasks will vary considerably based on the needs of participants but will have a nexus to environmental review and permitting. Technical assistance does not entail the drafting or completion of environmental documents, coordination or consultation with Tribal, resource or regulatory agencies, or completing any work on behalf of the entity or project sponsor. The technical assistance provided must be limited to building the capacity of eligible entities to carry out the environmental review and permitting process.

The Contractor must create a streamlined intake process by which an entity can request technical assistance. The purpose of the intake process is to determine if an entity is eligible for technical assistance, determine whether a particular request for technical assistance can be appropriately addressed by the Contractor, understand an entity’s technical assistance needs, and identify the technical assistance approach needed. Technical assistance should be given on a first come, first served basis to any recipient of DOT surface transportation funds. The Contractor shall prepare a memo explaining the intake process. This memo must include the following:

• How the Contractor will field inquiries (via website, email address, phone, etc.)

• The process by which the Contractor will follow up with inquirers, including those ineligible to receive technical assistance, and arrange technical assistance.

• Written materials regarding technical assistance offerings and logistics to be posted on a centralized FHWA or DOT website for all ERI Technical Assistance Center providers.

The Contractor shall develop a menu of technical assistance options subject to review and input from FHWA. The purpose of the menu is so entities can understand the technical assistance that the Contractor may provide. This list is not necessarily exhaustive and may be updated throughout the life of the project. The menu of technical assistance options may be used in outreach materials (see Task 3) and/or posted to a centralized FHWA or DOT website for all ERI Technical Assistance Center providers.

Technical assistance activities must be designed to enhance and build capacity. Types of activities may include:

• Sharing resources such as guidebooks, websites, or lists of required documents

• Providing strategies or best practices

• Sharing sample documents, analyses, or processes

• Answering questions

• Directing entities to federal resources

The menu of available technical assistance may include, but is not limited to, the following topic areas:

• Capacity building with regard to the writing of environmental documents and conducting environmental analyses

• Planning and/or planning and environment linkages (PEL)

• Coordinating with resource/regulatory agencies

• Permitting requirements

• Environmental justice analyses

• Transportation-related emissions analyses

• Resilience

• Technical assistance and capacity building with regard to USDOT discretionary grant programs

• Meaningful public involvement or community engagement before, during, and after the

NEPA process

• Development of standardized checklists to support the environmental review process

• Mediation and consensus-building between diverse stakeholders

• Section 106 of the National Historic Preservation Act and Section 4(f)

• Government-to-government consultation and coordination with Tribes

• Wetlands, coastlines, and water quality

• Right of way acquisitions during NEPA

• Natural environment and/or wildlife considerations

• Federal requirements, particularly requirements that apply to Title 23, such as Civil Rights, ADA and 504

• Other needs related to the NEPA process and other Federal environmental authorization and regulatory requirements.

The Contractor may propose and provide technical assistance areas and activities that differ from or supplement what is described above. Priority must be placed on ensuring that efforts are made to support nontraditional entities in the NEPA process (i.e., entities that have not traditionally received surface transportation funding.) The Contractor shall provide Technical Assistance to any eligible requestor within two weeks of receiving a request unless a longer response period is necessary and FHWA provides approval.

The Contractor must work with FHWA to develop a customer satisfaction survey or equivalent to determine if the technical assistance needs of the recipient were met. This includes developing questions for the survey.

The Contractor shall administer the customer satisfaction survey to the technical assistance recipient within 2 days of completing technical assistance activities. The Contractor may also develop other ways to evaluate customer satisfaction, upon approval from FHWA.

Task 2 Deliverables:

• A memo explaining the intake process

• A menu of technical assistance options

• Provision of technical assistance

• Questions for a customer satisfaction survey

• Evaluation of customer satisfaction

Task 3: Outreach The Contractor must perform outreach related to the ERI Technical Assistance Center.

Communications will be in concert with and at the direction of FHWA.

In coordination with FHWA, the Contractor will propose an outreach approach in the form of an outreach plan to spread awareness of the ERI Technical Assistance Center, specifically targeting newer recipients of surface transportation funding. The plan must include ideas for specific outreach materials. The plan is due 60 days after contract execution. Outreach materials are due at a variety of times. The Contractor must also make reports of outreach efforts in monthly reports discussed in Task 1.

Task 3 Deliverables:

• Outreach plan

• Outreach materials

5. REQUESTED CONTENT OF RESPONSES TO THIS SOURCES SOUGHT

Interested parties who consider their firms qualified to perform the above-listed services are invited to submit responses to this SS as follows:

Format requirements are:

• Electronic responses only. No hard copy submissions will be accepted.

• 8.5”x11” size pages, with 1” margins on all sides and prepared in Microsoft Word or

PDF format.

• Submissions shall include a cover page as described below.

• Not more than five pages in length, including all items submitted (cover page, table of contents, acronym list, graphs and technical information, and any other documentation).

• Font size should be 12 point or larger, Times New Roman.

• Charts and graphics must be in Microsoft Vision, or PDF format.

• Proprietary information submitted in response to this SS will be protected from unauthorized disclosure as required by the Federal Acquisition Regulation (FAR) as long as it is marked accordingly. All proprietary markings should be clearly delineated. The respondent must identify where data is restricted by proprietary or other rights and mark it accordingly.

• The services and/or any product solutions should include supporting data/rationale for the offered services, and any product solution(s) if applicable, adequately to determine capability.

The response to this SS must include:

(1) Cover Page: The cover page does not count towards the page limit. The cover page should contain at a minimum the following information:

- Company name

- Primary Point of Contact, including phone number and email address

- SAM.GOV Unique Entity ID (UEI)

- NAICS Code – a statement on whether your firm believes 541620 is an appropriate

NAICS for these services as well as a list of any other NAICS codes that you think could be applicable.

- General Services Administration (GSA) Contract Number and SIN, if applicable.

- GSA OASIS Contract Number, if applicable.

- Other Governmentwide Acquisition Contracts available for DOT use, if applicable

- Recommend a contract type, i.e. Firm-Fixed Price, Time-and-Materials and why.

- Business Size: identify all applicable classifications for your organization under

NAICS 541620 as well as any other NAICS identified for this work. Please note if certain classifications only apply to certain contract vehicles.

• Small business?

• Woman-owned business?

• 8(a) business?

• Small disadvantaged business?

• HUBZone business?

• SDVOB business?

• Non-profit?

• Other relevant business type information

(2) Technical Ability: This section must describe your ability to provide the services and/or any product solution(s) described in Section 4 of this Sources Sought. This section is subject to the five-page page limit. The response should include an overall description of the proposed services and a synopsis of experience and expertise of potential staff, including relevant projects completed related to the anticipated objectives of the project with information on the client and scope. You should also note if you would plan to use subcontractors or consultants to meet the requirements.

Note: Responses may include links or web addresses that demonstrate evidence of your technical expertise (i.e., final reports, technical journals, peer reviewed papers, etc.).

To support the Government’s review of the Contractor’s technical ability, the following questions should be directly addressed with regard to both the responding business entity and proposed personnel:

a. What experience do you have with the environmental review and permitting process, NEPA, and evaluating potential effects on the natural and human environment? Related to transportation projects?

b. What is your experience in developing and implementing technical assistance and/or capacity building for recipients of surface transportation funding?

c. What is the specific region/or subject area/s for which you propose to provide technical expertise and why are you qualified to do so?

d. Do you think using six regional contracts would be an efficient way to administer this program? Why or why not? Would you suggest any changes to the regions proposed and why?

e. What is your familiarity with the NEPA process for federal discretionary grant program applications to serve nontraditional grant applicants and awardees?

f. What is your experience in developing performance metrics and targets to measure success of a program?

g. What is your experience in managing and responding to multiple requests simultaneously?

h. What is your experience in project management?

i. Do you have employees or subcontractors who have a minimum of twenty years combined NEPA or related subject experience, a master’s degree or equivalent in a relevant field of study, excellent oral and written communication and analytical skills, and current knowledge of NEPA program trends and challenges and the federal government?

(3) Questions: As a part of this SS, you may submit any questions or comments on the Section 4 Draft Scope of Work. This will not count towards the page limit if the questions are submitted in a separately labeled document. FHWA reserves the right not to provide responses to these questions and comments but will use these questions and comments in continuing to define its requirement.

6. ADDITIONAL INFORMATION

To fully comprehend the information contained within a response to this Sources Sought, there may be a need to seek further clarification from respondents. This clarification may be requested in the form of brief verbal communication by telephone; written communication; electronic communication; or a request for a presentation of the response to a specific FHWA group or groups. FHWA reserves the right to seek additional information from respondents identified with unique solutions that are determined to be beneficial to FHWA.