N39430-24-R-0014.pdf

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N3943024R0014 02-Apr-2024

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NAVFAC EXWC

CODE ACQ / NAVAL BASE VENTURA COUNTY

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22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project Base Period State Leg Reg Monitoring

FFP

Base Period - State Environmental Legislative and Regulatory Monitoring Services Per Performance Work Statement FOB: Destination

PSC CD: R612

NET AMT

0002 1 Project OPTION Option Period 1 State Leg Reg Monitoring

FFP

Option Period 1 - State Environmental Legislative and Regulatory Monitoring Services Per Performance Work Statement

0003 1 Project OPTION Option Period 2 State Leg Reg Monitoring

FFP

Option Period 2 - State Environmental Legislative and Regulatory Monitoring Services Per Performance Work Statement

0004 1 Project OPTION Option Period 3 State Leg Reg Monitoring

FFP

Option Period 3 - State Environmental Legislative and Regulatory Monitoring Services Per Performance Work Statement

0005 1 Project OPTION Option Period 4 State Leg Reg Monitoring

FFP

Option Period 4 - State Environmental Legislative and Regulatory Monitoring Services Per Performance Work Statement

0006 1 Project OPTION 6-month Option State Leg Reg Monitoring

FFP

6-month Option - State Environmental Legislative and Regulatory Monitoring Services Per Performance Work Statement

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

STATE ENVIRONMENTAL LEGISLATIVE and

REGULATORY MONITORING

1. GENERAL INFORMATION

1.1 SCOPE AND OBJECTIVES

2. MANAGEMENT AND ADMINISTRATION

2.1 DEFINITIONS

2.2 PERSONNEL

2.3 SPECIAL REQUIREMENTS

2.3.1 Jurisdictions and Information Sources to be Monitored

2.3.2 Data Elements

2.3.2.1 Regulatory Data Elements

2.3.2.2 Legislative Data Elements

2.3.2.3 DoD Fillable Fields and User ID Profile Information on Website

2.3.3 Data Use

2.3.4 Client Telephone or Web Conferences

2.3.5 Information Non-Disclosure and Prohibition against Lobbying

3. CONTRACT TASKS AND DELIVERABLES

3.1 TASK 1 – REGULATORY AND LEGISLATIVE MONITORING AND TRACKING

3.1.1 Task 1A - Regulatory and Legislative Tracking – Focused Information Gathering and Tracking

3.1.1.1 Task 1A-Related Data access mechanisms and services

3.1.1.2 Task 1A-Related Service and Assistance

3.1.2 Task 1B - Regulatory and Legislative Tracking --Additional Data Products and Formats

3.1.2.1 Weekly MS Word Reports

3.1.2.2 Downloadable MS Excel Spreadsheet Information, and Assistance with Database Retrieval of Information

3.2 TASK 2- FOLLOW-UP ASSISTANCE

4. PERFORMANCE METRICS

4.1 PERFORMANCE METRICS RELATED TO TASK 1A

4.2 PERFORMANCE METRICS RELATED TO TASK 1B: ADDITIONAL DATA

PRODUCTS/FORMATS

4.3 PERFORMANCE METRICS RELATED TO TASK 2 FOLLOW-UP ASSISTANCE

4.4 TABLE 1 - PERFORMANCE REQUIREMENTS SUMMARY MATRIX

Appendix 1: Draft Client profile……………………………………………………………………………………………………A-1

1. General Information

The Contractor shall provide all labor, management, supervision, tools, material, and equipment required to provide state environmental, energy, and sustainability related legislative and regulatory monitoring and tracking services as described in this performance work statement to NAVFAC EXWC and designated client organizations. Delivery of information products is via Internet, E-mail and other electronic means.

Detail on the scope of local regulatory monitoring is provided in the definition of encroachment, see definitions section.

1.1 Scope and Objectives

The Department of Defense has a need to monitor developing state level legislation and developing state or regional level environmental and energy rules and regulations, and, in a timely manner, identify proposals that could impact DOD operations.

Jurisdictions of interest include the fifty (50) states and the District of Columbia, Guam, Puerto Rico, Virgin Islands and intrastate environmental regulatory or rulemaking organizations such as local or regional air pollution control districts, and water quality management districts in states where these exist.

Naval Facilities Engineering and Expeditionary Warfare Center (NAVFAC EXWC) has, for the past fifteen years, used contract-provided tracking services to obtain state environmental legislative and regulatory monitoring support services for DOD components (Army, Navy, Air Force, and Marine Corps).

This Scope of Work is written in a “performance based” format, meaning that the DOD’s needs are described, and exact details of how to meet the needs are dictated only where considered essential. Performance objectives and standards are incorporated throughout this performance work statement, enumerated in section 4, and tabulated in Section 4, Table 1, “Performance Requirements Summary Matrix.”

The objectives of this work effort are:

1) For the Contractor to provide client organizations with accurate, relevant, and timely information on contemplated, proposed, and newly final state (and territorial) environmental legislation and regulations and limited regional or local rules or regulations.

2) For the Contractor to provide Internet based information management capabilities. The legislative and regulatory information that the contractor is to provide will be provided on a website that government personnel can log into and personalize their view of.

3) For the Contractor to provide assistance in identifying only the information relevant to DOD operations and interests.

4) For the Contractor to provide additional data products and formats (Task 1B).

5) For the Contractor to provide follow-up information (Task 2) to assist Client Organizations with legislative and regulatory analysis programs.

2. Management and Administration

2.1 Definitions

“Client” means staff members of the client organization that receive and use the data procured under this contract. The term “User,” meaning an individual user with a unique e-mail address, is synonymous with “Client”

“Client Office” means a Regional Environmental Coordinator office of the Navy, Air Force, Army, or Marine Corps or other organization. An office typically has responsibility for several states corresponding to one or more EPA regions. Each client organization has one to several offices (Army has four, Air Force three, Marine Corps two, Navy six).

“Client Organization” means a DOD component (Army, Navy, Air Force, and Marine Corps), or DOD organization that receives services under this contract. DOD components include their chain of command at levels above the DOD component, i.e., DOD headquarters organizations, and also include multi-agency support organizations (such as the Defense Logistics Agency) that support the DOD component.

“Client Representative” means the designated representative of each client organization that is assigned to coordinate with the Contractor.

“Environmental Issues” include (but are not limited to) proposals that relate to air pollution, water pollution, drinking water quality, solid and hazardous waste management, hazardous materials, green chemistry, pollution prevention, pesticide management, resource conservation, recycling, affirmative procurement, green procurement, water conservation, threatened and endangered species, climate change, alternative fuels, energy conservation or efficiency initiatives, renewable or alternative energy including state goals and incentives, siting criteria, building codes, energy and transmission line siting criteria, noise pollution, protection of cultural and natural resources, marine protected areas, land use planning including regional initiatives and coastal spatial planning within state territorial waters, hazardous materials transportation, toxic substances control, site remediation, brownfields, spill contingency planning, worker health and safety, sustainability, sustainable buildings (green buildings), sustainable communities, coastal sustainability, environmental justice, environmental permitting or program fees and penalties, environmental policy act programs, announcements by an agency that they intend to develop or lead development of state NEPA or other planning documentation for energy development projects, and “encroachment.”

“Encroachment” includes any governmental action that could limit the ability of a client to operate. Examples of encroachment include: land use restrictions, habitat protection requirements, cultural resource protection, and new land development authorizations that limit operations. Although this definition gives encroachment a wide scope, the definition is not intended to include government actions that are outside of or apart from any other connection to an environmental context.

The following encroachment examples are provided to clarify would be considered to be in-scope and reportable:

Environmental encroachment examples (to be reported):

a. State and regional land use planning or smart growth initiatives, or very large public works projects potentially affecting use of lands near a military base. (However, absent a specific negotiated tasking, routine monitoring of local government actions at the level of cities, and county land use plans, is outside the contract scope, and monitoring zoning status changes addressing individual parcels is outside the contract scope.)

b. Wildlife land use issues such as approval of habitat conservation plans (by other entities but on areas adjacent to a military base)

c. Fees in any environmental program area, such as waste disposal or based on an environmental attribute such as air emissions per mile for a vehicle

d. Vehicle inspection and maintenance requirements that would affect military owned vehicles or vehicles owned by military personnel

Non-Environmental Encroachment examples (would not normally be reported):

a. Fees in areas that are not environmental or based on an environmental attribute,

b. Educational requirements affecting military personnel

c. Child care or healthcare issues affecting military personnel

d. Automobile insurance affecting military personnel

e. Vehicle registration requirements (absent an accompanying inspection or maintenance requirement intended to address vehicle emissions or other environmental consideration)

“Footprint” means the intersection of environmental issues with DOD operations. For example, since DOD owns no cement plants, environmental rules relating solely to cement plants are outside the footprint and are not of interest. Since DOD is not generally involved in agriculture, allowable pesticide residues on foods are outside the footprint.

“Sustainability:” In the context of this performance work statement, we are interested in proposed legislation or regulations where the word “sustainable” or “sustainability” is used in either an environmental or planning context.

2.2 Personnel

The Contractor shall provide personnel that have the qualifications, technical knowledge, experience and skills required for efficient operations within the STATE ENVIRONMENTAL LEGISLATIVE and REGULATORY MONITORING function.

2.3 Special Requirements

2.3.1 Jurisdictions and Information Sources to be Monitored

Jurisdictions to be Monitored The Contractor shall monitor each of the fifty (50) states for legislation and regulations, and shall monitor certain territories and local jurisdictions as follows:

Legislation and regulations within the District of Columbia, Legislation and regulations - U.S. territory of Guam, Legislation and regulations - U.S. territory of Puerto Rico, Legislation and regulations - U.S. territory of Virgin Islands;

Water-related regulations by the following regional or local jurisdictions:

California:

California Regional Water Quality Control Boards (to include all California Regional Water Quality Control Boards except Region 1, North Coast);

North Carolina:

Mecklenburg County Health Department (current web pages at https://www.mecknc.gov/HealthDepartment/Pages/default.aspx or specifically https://www.mecknc.gov/HealthDepartment/EnvironmentalHealth/GWS/Pages/GW%20Regs.aspx for groundwater protection rulemaking)

Air regulations by the following regional authorities, or as adopted or modified by specific localities:

California:

Antelope Valley Air Quality Management Districts (AQMD), Bay Area AQMD, Eastern Kern County AQMD, Feather River AQMD, Imperial County AQMD, Mojave Desert AQMD, San Diego County AQMD, San Joaquin Valley AQMD, Santa Barbara County APCD, South Coast AQMD, Ventura County APCD;

New Mexico:

City of Albuquerque, Air Pollution Control Board (current web page at http://www.cabq.gov/airquality/air-quality-control-board)

Tennessee:

Metro Government of Nashville & Davidson County, Health Department, Board of Health (current web page at https://www.nashville.gov/Health-Department/Board-of-Health.aspx)

Washington:

Northwest Clean Air Agency - Whatcom, Island, & Skagit counties;

Olympic Region Clean Air Agency - Thurston, Mason, Pacific, Grays Harbor, Jefferson, & Clallam counties Puget Sound Clean Air Agency - King, Snohomish, Pierce, & Kitsap counties Spokane Regional Clean Air Agency (Spokane county), (https://www.spokanecleanair.org/)

Legislative Information Sources to be monitored Legislative monitoring shall monitor sources necessary to be comprehensive, including in addition to bills and resolutions, all relevant supporting information such as hearing schedules.

Regulatory Information Sources to be monitored As a minimum regulatory monitoring shall include:

1) Review of State Registers,

2) Tracking of proposed general permits (such as for stormwater) that are being prepared or modified, whether or not these are published in the State Register,

3) Tracking of any in-scope regulatory items identified by a client, by monitoring relevant Internet sites, review of agency notices and reports, or other means selected by the contractor.

Routine regulatory monitoring may also include monitoring of any other relevant state websites or other sources selected by the Contractor or identified by DOD.

2.3.2 Data Elements

2.3.2.1 Regulatory Data Elements

Data provided by the Contractor for each regulatory item should include, in separate fields, all or most of the following types of information:

a. A regulatory ID number assigned by the Contractor to uniquely identify the regulation

b. State

c. Title

d. Affected citation(s)

e. Date the record was first entered

f. Date the record was last modified

g. Status of the regulation (e.g., notice of intended action, pre-proposal, proposed, updated, withdrawn, or pending review, final)

h. Agency (the regulatory agency)

i. Agency contact person

j. Phone number of regulatory agency contact

k. contact e-mail address when available

l. Summary (abstract or synopsis) of regulation: (see 3.1.1 Task 1A deliverables),

m. Internet hyperlink to available regulatory versions and support documents. A means to link to regulatory text must be available that does not require logging in to a password protected site. The link should go directly to the regulation of interest, or when that is not possible, detailed navigation instructions and/or a page number citation should be provided if, for example, the link leads to an entire state register on a state website.

n. Rule development status including dates of completed and pending meetings and hearings, including internet links to hearing or meeting notices

o. Yes / No field indicating whether the regulation is final or completed

p. Dates of public meetings, comment due dates, or other relevant actions. (in a separate relational table) and

q. Environmental media area(s) affected

2.3.2.2 Legislative Data Elements

Data provided by the Contractor for each legislative item shall include, in separate fields, all or most of the following types of information:

a. State

b. a Bill ID providing information sufficient to uniquely identify the bill, e.g., an ID number assigned by the Contractor that includes the state abbreviation, state assigned bill number, legislative body (house or senate), action, and year,

c. Title of the Bill

d. Year (the year of the legislative session)

e. Bill author (or principal sponsor),

f. Summary (abstract) of the bill: (see 3.1.1 Task 1A deliverables),

g. Internet hyperlink to available legislative full text versions; a link to legislative text must be available that does not require logging in to a password protected site (so that client users may further distribute the summary and hyperlinks to a broader audience including persons who do not have password access).

h. Current bill status

i. History of bill status

j. Hearing schedules

k. Companion bills

l. Date last updated (the most recent date a change occurred in status or text of the bill)

m. Enactment status (whether the bill is law yet)

n. Environmental media area(s) affected

2.3.2.3 DoD Fillable Fields and User ID Profile Information on Website

The contractor-provided website must provide a means for DoD users to mark any legislative or regulatory item for further tracking, subscribe for reporting of updates on the item by e-mail, indicate the level of relevance (priority) of the item to DoD and to each of the DoD component services, and for the DoD and each of the DOD component services (Army, AF, Navy, USMC) to enter notes.

Capability to enter priorities and notes need not be available at the level of individual users, but rather at the level of each DoD service component (Army, AF, Navy, USMC). Notes and priority markings applicable to each service component shall be visible across the user community (visible to all DoD subscribers).

Each DoD user must be able to store a profile and be able to customize their view of available legislative and regulatory data on the contractor-provided website. The user should be able to create and save customized queries or reports that retrieve information by state or topic, or by priority markings assigned by DoD users.

2.3.3 Data Use

All information provided under the contract shall be free from copyright restrictions that would prevent redistribution to client organizations or support contractors acting in direct support of each client organization’s regulatory compliance and planning programs. The Government reserves the right to reformat and redistribute any information contained in the reports within DOD and DOD support contractors. Third party information (such as relevant news articles) may be provided with attributions, distribution limitations, or copyright restrictions that would be normal and customary for the document type.

2.3.4 Client Telephone or Web Conferences

The Contractor shall be available for periodic conference calls with each DOD/Government client, when requested, to provide training or assistance with use of on-line or other resources, to refine search queries, or improve the Contractor’s understanding of client operations and environmental issues.

2.3.5 Information Non-Disclosure and Prohibition against Lobbying

The contactor shall not release client-specific information without prior consent of the client, by e-mail, with the Contracting Officer’s Representative (COR) copied. Information provided or input by DOD users or clients (and stored for example on Contractor’s web server) remains the property of the client. If making inquiry regarding regulations or legislation in support of the contract requirements, the Contractor shall not disclose the client identity or make any representation on behalf of DOD.

The following prohibition applies:

PROHIBITION. The contractor will not lobby on behalf of the government or act as the representative of an agency to a third party.

The contractor will not contact federal, state or local legislative or regulatory bodies, or associations of such bodies, or their individual members or staffers for the purpose of communicating concerns on behalf of DOD. If in the course of other contact with these organizations or their staff, the contractor is asked to advocate for, represent, or make any commitment on behalf of DoD, he or she shall refer the request to an appropriate Navy/DOD official. This prohibition is not intended to prevent the contractor from making ministerial contact with these organizations or their staff at appropriate levels in execution of the monitoring, descriptive, or analytic tasks requested in any delivery order issued under this contract.

3. Contract Tasks and Deliverables

3.1 Task 1 – Regulatory and Legislative Monitoring and Tracking

3.1.1 Task 1A - Regulatory and Legislative Tracking – Focused Information Gathering and Tracking

Overview and Performance Objectives:

a. Provide, in so far as falls within the DOD Client Profile all proposed and recently enacted state-level legislation, and all proposed and recently finalized regulation at the state level and covered regional levels.

b. Review retrieved material to confirm relevance. Where necessary review or read underlying full text source material to confirm relevance.

c. Provide data formats (Excel and HTML) export capabilities, search capabilities, and information management capabilities.

Deliverables or Requirements:

a. The Contractor shall provide regulatory and legislative information gathering and tracking for the 50 states with data elements equivalent to those listed in Section 2.2. The legislative or regulatory “summary” should be a multiple sentence paragraph that accurately presents the key aspects of the legislation or regulation. Summaries that simply identify the category or subject of the legislation or regulation are unacceptable. However, summaries may be a copy of the executive summary found in the Legislation or Regulation. In addition, the summary should prominently display the amendment date for the bill or the regulation if it has been amended.

b. Links to underlying (state website) data shall be provided when applicable. Links provided to a Contractor sponsored website must not require a password login to function, so that these links are available for further distribution such as in newsletters provided to others within DOD who do not have passwords to the Contractor’s website. Hyperlinks that connect to a state website are acceptable for this purpose, if they go directly to the relevant information. Where a specific link cannot be provided, for example because of the structure of a State’s website or state register, sufficient information (such as the page number or which links to click) for search and retrieval of the underlying data should be provided.

c. While exceeding the minimum requirements of this contract, the ability for clients to search, identify, and track, via Contractor provided websites, other state legislation, or regulations that are outside the DOD footprint is considered to be of benefit to the Government and may be credited as such during source selection.

3.1.1.1 Task 1A-Related Data access mechanisms and services

a. Provide information management capabilities to allow users to easily review and mark items for follow-up, continued tracking, or to stop tracking of individual items,

b. The website must have functionality to manage information so that items not deemed relevant need not be repeatedly reviewed, and so that items deemed relevant can be further tracked and managed, and so that users reviewing regulatory or legislative items can prioritize items and add notes and/or attachments for the benefit of other users.

c. Ability of the Contractor to track additional in-scope items identified by clients,

d. Functionality to identify new and changed regulatory or legislative items and to allow the user to easily identify what has changed

e. Ability to export selected items, or all items, from the website in MS Excel format,

f. Ability to retrieve and export notes entered by DOD along with the legislative or regulatory item to which the notes pertain,

g. Ability to search and retrieve those legislative and regulatory items for which DOD personnel have uploaded, in the contractor’s information system, related documents (such as comments submitted) and to systematically retrieve the uploaded documents. The purpose is so that DOD can retrieve all information they have entered during the duration of the contract and be positioned to again competitively solicit for these services at the end of the contract.

h. Website search functionality should be easy to use and effective and should for example, allow as many of the following features as possible:

1. Searching within a search or refining a search,

2. Searching simultaneously on multiple criteria, including to retrieve items marked by DOD for follow-up,

3. Searching within notes entered by DOD,

2. Saving searches for re-use,

3. Natural language searching

a. Internet website for information search, querying, and retrieval, with access to regulatory and legislative information from 50 states and other identified jurisdictions, meeting DOD’s footprint of environmental interests;

b. Alerts by e-mail, daily, or less frequent as specified by individual users, identifying new or changed regulatory or legislative items in a tabular or other easily read format. Ideally this format will make it easy to identify what is new when legislative or regulatory text versions have changed. Because DOD e-mail systems may reformat all incoming mail to plain text, alerts must be provided in plain text format or as an attachment such as MS Word or HTML. The Contractor shall make multiple formats (e.g., Word, HTML) available to accommodate the user community as different DOD services impose different IT security requirements. Fine tuning the e-mail alerts format(s) and delivery options is very important to the overall functionality of this service to DOD

3.1.1.2 Task 1A-Related Service and Assistance

a. Retrieve and present information focused to an identified Client Profile (footprint) of DOD interests, and exclude irrelevant information. Irrelevant information may, for example, include bills containing target keywords, but not in a section changing current law, or used in a way such that their meaning is not representative of the DOD’s profile of concerns.

b. Using the client organization profiles, the Contractor shall check appropriate resources at regular intervals to identify and follow anticipated, proposed, and newly final state (and limited local or regional) environmental regulatory and legislative requirements, across areas indicated by the client organization profiles.

c. The Contractor shall, acting autonomously, develop and maintain queries in order to limit information to that which fits the client organization profiles.

d. The Contractor shall review retrieved information to ensure relevance to profiles.

e. The Contractor shall categorize the relevant retrieved information by environmental media area(s) (e.g., Air, Water, Waste, Hazardous Materials, Endangered Species, etc.). Where two categories may apply, then list the information under both categories.

(Ideally this categorization will be accomplished by assigning field values that are included in Excel downloads so that Excel data can be sorted by the user.)

f. The selected, limited, categorized information shall be made available on the Contractor website and used to support any customized data products/formats (Task 1B).

a. The Contractor shall provide assistance and training with use of the Contractor website interface and managing and exporting information of interest.

b. The Contractor shall develop effective queries and provide human review by the Contractor of query-retrieved materials including when necessary the full text of bills or regulations, Client Profile

a. The Contractor shall develop and maintain, with assistance from DOD, a Client Profile identifying the topics and types of information relevant to this contract effort. The Client Profile should reflect an understanding of operational activities and environmental issues of concern to each DOD client organization. A single composite client profile may be employed that covers all DOD components (Army, Navy, Marine Corps, Air Force), and DOD agencies such as Defense Logistics Agency. DOD’s environmental interest profile or footprint is defined both by the operations that DOD owns or contracts for, and Environmental Issues in the definitions section. For example, the DOD footprint would include clean air issues addressing wastewater treatment plants, sandblasting, painting, aircraft maintenance, etc., but not clean air issues addressing oil refineries, cement plants, or primary metals refining operations. A draft footprint is provided with the solicitation. The Contractor shall provide, when/if requested, and at the end of the contract including option years, the current DOD clients organization profile (or related queries language) to the Contracting Officer’s Representative at NAVFAC EXWC.

Distribution Lists.

b. The Contractor shall maintain distribution lists for recipients of any e-mail alerts, reports or custom information products/formats.

The Contractor shall maintain a point of contact for adding and deleting client staff to e-mail and other distribution lists. The Contractor shall notify the contracting officer’s technical representative and the applicable client representatives of any e-mail addresses that become “undeliverable.” This contract serves approximately 150 persons (“clients” or “users”), distributed between approximately 25 offices across the country with a core active user group of perhaps 40 users. A minimum of two hundred

(200) login/password combinations may be needed to serve the client base during the life of the contract. The Contractor shall provide, when requested, the current e-mail distribution lists and lists of login/password and associated user contact information to the Contracting Officer’s Representative at NAVFAC EXWC.

3.1.2 Task 1B - Regulatory and Legislative Tracking --Additional Data Products and Formats

3.1.2.1 Weekly MS Word Reports

a. Weekly reports shall be available as one of the options for accessing the data;

b. Reports provided in a format that facilitates review of the information and understanding of what is new or changed since the previous report.

c. Reports to contain only information that is new or changed since the previous report.

a. Weekly Reports shall be provided in MS Word Office 2016 (.docx file extension) or compatible version unless otherwise agreed, distributed to identified Client offices via e-mail (or retrievable from a website). These reports shall contain data that is current (within one day) at the time of reporting and reflects only information that is new or changed since the previous report. New information shall be reported within one reporting cycle (one week). The report shall be limited to information relevant to the DOD profile. Upon procurement of this service, the Contractor shall submit a sample report format for review and approval.

b. Reported items shall be sorted by:

1) State, and

2) Status of enactment (legislation), or promulgation (regulations).

3.1.2.2 Downloadable MS Excel Spreadsheet Information, and Assistance with Database Retrieval of Information

a. In addition to the standard HTML view for inspecting and reviewing information, the legislative and regulatory information retrieved by querying the contract-provided website shall be available for download of query results in an Excel spreadsheet format at the user’s option.

a. The data downloadable in Excel format shall include the Contractor provided data elements identified above (Section 2.3.2.), including DOD-fillable fields. (NAVFAC EXWC recognizes that this data may be stored in a relational database format and that passing it into a spreadsheet format may result in multiple records that duplicate the information in some fields.)

b. At DOD’s option, but not more frequently than annually, if requested by DOD the contractor shall assist with retrieval and provision to DOD of data in a relational database format (MS Access). This information would potentially include all identified legislative and regulatory items identified as relevant to DOD that are still active in the legislative or regulatory process. The purpose is so that DOD can retrieve information provided during the contract that is still active, including DOD notes on this information, and be positioned to again competitively solicit for these services at the end of the contract.

3.2 Task 2- Follow-up Assistance

a. Task 2 provides the right for Client Organizations to request that the Contractor research, gather and provide additional information, or clarification regarding any of the items reported – with the objective of supporting DOD in timely action on legislative or regulatory items.

b. Legislative follow-up requests might include asking for assistance in closely following progress of a particular piece of legislation, identification of relevant deadlines for bill enrollment or committee action, or for gathering of supporting background information to understand the context of a bill.

a. The Contractor shall provide follow-up assistance to DOD covering legislative and regulatory issues to a total of up to 288 hours of Contractor time per year for legislative and regulatory issues. Hours allotted under Task 2 are over and above the normal assistance, orientation and training customarily provided by the Contractor under the monitoring service package. The Contractor may either provide “unlimited” follow-up assistance (and need not track hours), or may elect to keep a contacts log and submit it quarterly as described below. The Contractor will use the log if necessary to manage use of Task 2 to ensure that the allowed hours are not exceeded.

Contacts Log.

a. Should the Contractor elect to maintain a log of client contacts support for each client organization, as a minimum the log shall include the following information for each request for support:

1. Client Organization

2. Name of client

3. Format of the request (phone or e-mail)

4. Brief description of requested information

5. Date of request

6. Date that action was completed

7. Approximate time spent to respond.

The contact log, if applicable, shall be submitted to the Contracting Officer’s Representative (COR) quarterly.

The Contractor shall maintain telephone availability during normal business hours (i.e., no less than 9 AM to 5 PM in one of the continental US time zones). Reaching voice mail does not constitute availability unless the call can be promptly returned or forwarded to a mobile phone or other personal device. Respond to e-mail requests within the next business day. Resolve / complete most requests within one to two days.

4. Performance Metrics

4.1 Performance Metrics Related to Task 1A

For good performance in gathering information, the number of important items missed or omitted from the screened material provided to DOD should be minimal, no more than 5 significant legislative and 10 significant regulatory items each year, as identified by users / client complaints, or by sampling and auditing.

In the case of regulations specifically identified or validated by DOD for tracking, the expected standard is not missing any significant status or text changes or development on the item.

An important metric of effective and valuable contract performance is the amount of time and effort saved by DOD in using the information gathering and tracking service. This metric may be enhanced by any or all of the following:

a. Accurate screening that minimizes the amount of irrelevant material, while capturing all relevant material,

b. Organization of regulatory information gathered from separate state registers or agency sites, so that each regulation with its related documents and subsequent updates are presented together in one record or in linked records to facilitate tracking of progress.

c. Convenient and functional e-mail alert systems.

d. Information management features and information formats or fonts (such as highlights or redline and strikeout type) that facilitate rapid review of retrieved material, identification of items for further tracking and follow up or to be dropped from tracking, prioritization of items, alerting of changes to priority items, rapid identification of what has changed to cause an alert, etc.

e. Accurate summaries or synopses to facilitate review of material and minimize the amount of reading of full text source material required. (Provision of legislative and regulatory summaries may, at the Contractor’s option, include Contractor provided revision or supplementing of state-provided summaries. The value of such summaries in saving DOD time will be greatest if summaries are prepared in the context of and addressing the DOD’s specific interests. While beyond the minimum requirement, such service could contribute significantly to the performance metric of saving DOD time.)

f. Website (server) capacity to provide rapid search, retrieval, or download with minimal delay.

g. Search capabilities that highlight the searched words,

h. Version comparison features to simplify the effort of determining what language has been added or deleted,

i. Reporting features that allow DOD clients to easily obtain metrics on the number of bills or regulations reviewed, tracked, prioritized, or otherwise worked by DOD clients,

j. Effective Task 2 follow-up assistance to investigate items identified by DOD.

k. Retrieval features that allow DOD to retrieve, in context of the legislative and regulatory items, all information entered or documents uploaded by DOD.

Website speed and capacity must be sufficient to avoid

a. Timeouts or failures when exporting large volumes of information (Excel format download),

b. Login difficulties to websites or FTP sites,

c. Downtime for maintenance (except late night or weekends as necessary),

d. Unreasonable waiting for responses (e.g., longer than ten seconds for web pages to start loading).

Realistically an Offeror must have a pre-existing service that already meets most of the stated requirements to successfully compete for or perform on this contract. Initiation of service within two weeks is expected, which would include login and password establishment, e-mail lists, gaining initial awareness of DOD footprint of interests, and loading into the Contractor’s system for continued tracking a list of bills and regulations already being tracked and so identified by DOD. Willingness to modify or adapt websites or find methods acceptable to users and the Contracting Officer’s Technical Representative to meet any remaining requirements within a reasonable timeframe such as three or four months is expected.

4.2 Performance Metrics Related to Task 1B: Additional Data Products/Formats

a. Satisfy customer base regarding formats, (for MS Word reports)

b. Satisfy needs for mapping key data fields to those listed in Section 2.3.2

c. Timely posting or delivery of information products

d. Timely attention to and resolution of any delivery or access problems.

4.3 Performance Metrics Related to Task 2 Follow-up Assistance

For successful performance, the Contractor will respond within 24 hours within the Monday to Friday work week, and in normal cases complete the gathering of requested information within 48 hours. Regulatory follow-up information related to meaning of regulatory terms or impact should be accurate. Legislative follow-up information related to future potential for passage of bills should be insightful, and accurate to the extent possible.

4.4 Table 1 - Performance Requirements Summary Matrix

Performance objective

Performance standard

Acceptable quality level Monitoring method

Incentive

Task 1A – (Regulatory and Legislative Monitoring

Timeliness – initiation of service

The ability to initiate performance and provide customers with login / passwords and access to initial training within two weeks of contract award is expected.

Note timeliness of service initiation.

Past performance information can affect decisions to exercise options or make future contract awards within the Federal Government.

Unless otherwise stated, this is the incentive that applies throughout this table.

objective

Performance standard

Acceptable quality level Monitoring method

Incentive

Tasks 1A and 1B Website Performance

Website performance (speed) for page loading, execution of queries, and downloading of results in HTML, EXCEL formats must be reasonably fast. (For example, to be considered acceptable, your site should support the generation and download of a 1-megabyte Excel file in 30 seconds or less on average).

Website availability – should be continuous except for scheduled after hours maintenance.

Spot check and absence of negative feedback.

Task 1A (and 3) Monitoring and Reporting

E-mail alerts – ease of handling based formatting.

E-mail alerts may need to be formatted or provided with attachments such as MS Word that can pass through DOD security screening systems. These systems reformat e-mails to plain text, and remove some formats of attachments such as HTML that might contain code.

Spot check;

ability to receive and use product.

Absence of negative customer

Assisted Monitoring and Tracking

Capture of relevant information

No more than five significant legislative and ten significant regulatory items should be missed annually. The regulatory number applies only to actual regulatory proposals, not to guidance documents, or activities of environmental committees, boards, and commissions.

The goal is to miss no “significant” items. Significant items are those that can tangibly affect client operations, either positively or negatively. In the case of bills or regulatory items specifically identified by DOD for tracking, the standard is not missing any opportunity to report significant changes or development on the item.

Absence of negative customer feedback concerning omissions.

Monitoring and Reporting

Avoidance of reporting irrelevant information.

Our desire is that the Contractor screen wide, to capture all potentially relevant information, but not too much irrelevant information.

No more than 35% of the items reported should be initially in the category of irrelevant items. Following feedback from DOD clients, this percentage should decline to 20 percent or less.

Periodic spot check.

objective

Performance standard

Acceptable quality level Monitoring method

Incentive

Task 1A (and 3) Responsiveness Once DOD clients have collectively Periodic spot Monitoring and to feedback confirmed that a reporting category is check.

Reporting about relevant not relevant, the category should not and irrelevant reappear in reported materials.

information

Task 1A (and 3) Monitoring and Reporting

Timeliness of notification of newly proposed bills and regulations.

Newly posted information on state websites that is relevant to the monitoring effort should be promptly conveyed to DOD:

Within one day for legislative information.

Within three days for regulatory information.

Task 1B (and 3) Timeliness of Reports are to be provided Note Monitoring and routine service Weekly (MS-word timeliness of Reporting version) and weekly (MS report

Access version) and shall delivery.

contain information that is Absence of current to within one (1) day of the negative report date. customer feedback.

Task 2 – Availability Contractor will be available during Absence of (Follow-up normal business hours to accept negative Assistance) telephone inquiries. Reaching voice customer mail does not constitute availability feedback.

unless the call can be promptly returned or forwarded to a mobile phone or other personal device.

Task 2 – Responsiveness Contractor will respond within 24 hours within the normal work week, and in normal cases complete the gathering of available information within 48 hours. Where a complete response requires input from other personnel such as state regulators – as soon as possible but no specific time limit.

Absence of negative

Task 2 - Usefulness, Accuracy

Information provided should be accurate (regulatory) and insightful (legislative).

Absence of negative

APPENDIX 1, PAGE 1

Appendix I of the Performance Work Statement -- Draft Footprint of Environmental Areas of Interest to DOD

GENERAL ISSUES

Key Words or Topics Details or Clarifications, Additional Keywords Tax, Fee Taxes and fees for any covered environmental issues, including permit fees.

AIR ISSUES

Air – Hazardous Air Pollutants (HAP) Air quality enforcement standards. This will often be done by some measurement over a certain period of time.

Specific requirements will only be relevant if DOD has operations that release the subject pollutant or fall in the regulated source category.

DOD operations may be viewed from the standpoint of “source categories,” or from the standpoint of types of processes that DOD performs.

Source categories for “hazardous air pollutants” include but not limited to:

- Boilers and process heaters,

- Reciprocating internal combustion engines, (spark or compression ignition (diesel))

- Gasoline distribution facilities,

- Aerospace Industries

- Shipbuilding and Repair

- Chrome Plating and anodizing

- Defense Land Systems and Miscellaneous

Equipment

- wastewater treatment

- and others

Conversely we are not interested in source categories DOD does NOT have – basically large industries like petroleum refining, cement manufacture, chemical manufacture, etc. DOD has only limited electrical generation facilities, APPENDIX 1, PAGE 2 which include geothermal at China Lake, and a cogeneration facility at MCAGCC 29 Palms, California.

Processes common to DOD include:

- Welding, brazing, torch cutting

- painting and coating

- depainting (blasting, chemical paint removal) from equipment, aircraft, ships

- architectural painting

- solvent cleaning / degreasing

- Asbestos removal facilities

- Plating, anodizing

- Training with munitions, smoke generators,

- Fugitive dust from training

- Radiological materials handling (implying monitoring to detect any release of radioactive air contaminants)

Title V of the Clean Air Act Title V permits

Any reference to Title V permitting.

New Source Review: (NSR) Since the terms “significant increase” and “routine scheduled maintenance” were never precisely defined in legislation, they have become a source of contention and need to be regulated.

Any reference to NSR or New Source Review

National Ambient Air Quality Standards (covers the 7 constituents below)

Any impacts to NAAQS criteria and ozone depleting substances (e.g. VOCs) and substitutes for same.

Carbon Monoxide Principally of interest where used as the control criteria surrogate for verifying adjustment of furnaces, boilers, engines

Also include Vehicle emissions testing (in the context of employer responsibility to help enforce compliance by employees or regular visitors granted access to a facility.)

(Otherwise generally not relevant….)

Sulfur dioxide, sulfur content of fuels Reference to sulfur limits in fuels (particularly for ships fuels), sulfur…