NRDA BPA_PWS_3_29_2024.pdf

Department of Commerce

National Oceanic Atmospheric Administration

National Ocean Service

Office of Response & Restoration

Assessment and Restoration Division

Performance Work Statement

March 29, 2024

Table of Contents

1.0 GENERAL 4

1.1 BACKGROUND 4

1.2 PLACE OF PERFORMANCE 6

1.3 PRIMARY SCOPE 6

1.4 OBJECTIVE 6

1.5 APPLICABLE REFERENCE DOCUMENTS, COMPLIANCE AND REGULATIONS 7

1.6 PERFORMANCE REQUIREMENTS SUMMARY 7

2.0 SPECIFIC REQUIREMENTS AND TASKS 8

2.1 PREASSESSMENT, SITE INVESTIGATION, AND CLEANUP PLANNING 8

2.2 INJURY ASSESSMENT AND QUANTIFICATION 9

2.3 RESTORATION PLANNING – IDENTIFY, DEVELOP, AND IMPLEMENT RESTORATION PROJECTS 9

2.4 DETERMINE COMPENSATION FOR INTERIM LOSSES/SCALING RESTORATION ALTERNATIVES 10

2.5 MANAGEMENT AND ADMINISTRATION 11

2.6 LITIGATION SUPPORT 13

2.7 DATA MANAGEMENT, IMPROVED RAPID ASSESSMENT CAPABILITIES AND METHODS

DEVELOPMENT 14

2.8 EMERGENCY RESPONSE 15

2.9 MARINE DEBRIS SUPPORT 16

3.0 CONTRACTOR PERSONNEL 16

3.1 STAFF OVERSIGHT 17

3.2 DIVERSITY, EQUITY, INCLUSION AND ACCESSIBILITY PLAN 17

3.3 EMPLOYEE IDENTIFICATION 18

3.4 PROFESSIONAL CONDUCT 18

4.0 OTHER APPLICABLE CONDITIONS 18

4.1 PERIOD OF PERFORMANCE (Anticipated) 18

4.2 SAFETY CONSIDERATIONS 18

4.3 INTELLECTUAL PROPERTY RIGHTS 19

4.4 POST AWARD CONFERENCE 19

4.5 MONTHLY PROGRESS REPORTS 19

4.6 TRAVEL 20

5.0 IT SECURITY/GOVERNMENT FURNISHED EQUIPMENT/ AND ACCOUNTABILITY REQUIREMENTS 20

6.0 GOVERNMENT ACCEPTANCE PERIOD 26

7.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS) 26

8.0 GLOSSARY OF ACRONYMS 28

9.0 CONFLICT OF INTEREST AND CONFIDENTIALITY 28

1.0 GENERAL

1.1 BACKGROUND

The purpose of this Performance Work Statement (PWS) is to obtain the necessary services to efficiently and effectively support the mission and goals of the National Oceanic and Atmospheric Administration’s (NOAA) Office of Response and Restoration (OR&R), Assessment and Restoration Division (ARD) and the broader Damage Assessment, Remediation, and Restoration Program (DARRP). The Contractor shall provide the staff and develop outputs and deliverables to support the tasks in Sections 2.1 through 2.9.

OR&R is a center of expertise in preparing for, evaluating, and responding to threats to coastal environments, including oil and chemical spills, releases from hazardous waste sites, and marine debris.

These Office activities are in direct support of NOAA National Ocean Service (NOS) priorities, Offices, and customers to sustain and protect the ocean and coasts from pollution and other environmental threats. The skill and diversity of OR&R’s federal staff, research capabilities, and funding mechanisms give us the flexibility to adapt to evolving coastal and ocean priorities.

ARD has a number of statutory authorities related to Natural Resource Damage Assessment (NRDA).

NOAA works with lead agencies overseeing cleanup/response to minimize injuries to natural resources, and assesses injuries to coastal, marine and related resources from releases of hazardous substances and discharges of oil. ARD also assesses injuries to National Marine Sanctuary resources and related threats in coordination with the Office of National Marine Sanctuaries. ARD, in collaboration across DARRP, resolves liability for natural resource damages from polluters (responsible parties or potentially responsible parties (RPs/PRPs)) for the aforementioned incidents. Damages may be in the form of monetary compensation and/or implementation of restoration by the party(ies) responsible for the incident. Overall ARD’s and DARRP’s focus is to protect and restore the injured natural resources and resource services. DARRP is further authorized to undertake legal claims for natural resource damages against RPs/PRPs under federal laws and regulations should cooperative resolution of liability fail. NOAA and DARRP are delegated as natural resource trustee on behalf of the Secretary of Commerce.

NOAA established DARRP in 1990 to fulfill the natural resource trustee responsibilities assigned under Executive Order 12580, the Federal Water Pollution Control Act (FWPCA or Clean Water Act, 33 USC §1251), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or the Superfund Act, 42 USC §9601), CERCLA NRDA regulations (43 CFR Part 11) and the National Oil and Hazardous Substance Contingency Plan (NCP, 40 CFR Part 300), the Oil Pollution Act of 1990 (OPA, 33 USC §2701), OPA NRDA regulations (15 CFR Part 990), the National Marine Sanctuaries Act (NMSA), or any other laws and regulations associated with the conduct of NRDA.1 DARRP is comprised of three NOAA components: the ARD in the NOS; the Office of General Counsel, Natural Resources Section; and the Restoration Center of the National Marine Fisheries Service. DARRP has regional offices throughout the United States. DARRP, using interdisciplinary case teams, acts on behalf of the public to protect and restore NOAA’s natural resources and services by working with remedial agencies for protective cleanup actions, assessing injury, planning restoration, and pursuing legal claims for natural resource damages.

The ultimate goal of NRDA is to determine the appropriate type and amount of restoration to compensate the environment and public for injured natural resources and associated lost services as a result of incidents. ARD, headquartered in Silver Spring, MD, will administer this Blanket Purchase Agreement (BPA) in consultation with the DARRP Trustee Management Team (TMT), the governing body of the DARRP.

The purpose of this BPA is to support NOAA DARRP’s capability to evaluate the effects of hazardous substance releases, oil discharges and other impacts as they relate to the natural resources and associated services of interest to NOAA. Relative to the requirements and tasks in Section 2 below, the Contractor shall work closely with NOAA through its Program Manager to: 1) Develop a defensible strategy for documenting and quantifying injury, and evaluating and scaling restoration alternatives; 2) identify and assess alternative strategies and options; 3) plan specific assessment projects; 4) implement and manage the projects to ensure that they are consistent with the overall case strategy, project objectives, and NRDA requirements; 5) facilitate interaction among scientific disciplines (natural sciences, economics, and resource restoration) and between legal and scientific perspectives by coordinating or leading conference calls and meetings, and proactively managing the effective interaction of studies towards a common goal/purpose; 6) proactively coordinate the interaction and communication between natural resource agency trustee representatives and project stakeholders; 7) provide services of consulting and/or testifying experts on behalf of NOAA in the event of litigation; and

8) undertake all of the preceding in a manner that will readily support potential litigation.

At times and for certain call orders, there will be a need to purchase equipment and supplies to support NRDA activities of various sorts as reflected in the next section. For equipment in particular, the Contractor may need to purchase, lease, or rent various vessels of opportunity, sampling and field testing equipment, analytical equipment, etc. for emergency and non‐emergency purposes. In all cases, purchase of equipment and supplies must be reflected in individual call orders as part of the review and approval process, and must receive NOAA approval prior to purchase. In the case of emergency situations, NOAA approval can be had verbally followed by prompt written justification and approval. All equipment purchased by the Contractor servicing this BPA are understood to be the property of the Government in accordance with the appropriate FAR provisions.

1 Both the OPA and CERCLA regulations invoke similar types of assessments; however, the organization and focus of specific activities are somewhat different. Consequently, the activities in this PWS capture the general characteristics of both approaches and do not generally reflect an individual regulation.

1.2 PLACE OF PERFORMANCE

Planning and coordination work may take place at the Contractor’s facility, virtually with NOAA ARD, DARRP, and OR&R staff, or other venues as necessary. The place of performance also includes field sites where pollution incidents occur and where the Contractor could be required to conduct sampling and other injury assessment and restoration planning activities. Performance may also be required in regional offices of State and Federal partners and offices of Responsible Parties and their representatives. Work is expected to be performed primarily in the marine and coastal areas of the United States, territories and protectorates.

1.3 PRIMARY SCOPE

This PWS describes requirements and tasks that will provide technical support to NOAA ARD to administer its natural resource damage assessment responsibilities. The Contractor shall furnish materials and services as necessary to conduct the tasks as described below (Sections 2.1 through 2.9).

The tasks shall be undertaken in a collaborative fashion with ARD staff, with an emphasis on open and scheduled communication through the most appropriate means (monthly individual/conference calls, regular email communication, etc.) as required.

This PWS primarily supports NRDA requirements, and also includes work to participate in aspects of cleanup/response and remedial work2 as well as address adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety. Further, while restoration planning is addressed through this PWS, architectural and engineering support needed to implement restoration work is not included. A more detailed description of the range of activities that may be required is discussed in Section 2 below. All requirements described in this PWS shall be consistent with relevant and applicable laws, regulations, and associated guidance. All work must also be performed by qualified individuals as defined in the attached Exhibit 1, Labor Category Descriptions.

1.4 OBJECTIVE

ARD requires support in conducting natural resource damage assessment and restoration planning and associated program management/administrative activities. Specifically, ARD is requesting a Contractor with the capabilities to address pollution incidents across the response to restoration spectrum. The requirements for any given incident will be determined and further articulated in future call orders.

The Government and the Contractor understand that the services to be provided under this BPA by the Contractor are non‐personal services and that no employer‐employee relationship exists between the Government and the Contractor employees under this BPA. The Contracting Officer’s Representative (COR) may provide technical direction, especially for future call orders, which will assist the Contractor in accomplishing the PWS.

2 Response‐related work may include collecting ephemeral data, reconnaissance surveys, mitigating cleanup actions, and integrating response with NRDA requirements. Work may also include review of ecological risk assessment, remedy selection, and integration of restoration with remedy selection.

1.5 APPLICABLE REFERENCE DOCUMENTS, COMPLIANCE AND

REGULATIONS

The Contractor shall abide by the statutes mandating NRDA as well as the NOAA and Department of Interior NRDA regulations. The Contractor shall also abide by policies and guidance promulgated or otherwise published by NOAA related to NRDA in consideration of its performance. The statutes, regulations, and other materials to consider are referenced below:

CERCLA Statute

● https://www.govinfo.gov/content/pkg/USCODE‐2011‐title42/html/USCODE‐2011‐title42‐ chap103.htm

OPA Statute

● https://www.law.cornell.edu/uscode/text/33/chapter‐40

NMSA Statute

● https://www.law.cornell.edu/uscode/text/16/chapter‐32

CERCLA NRDA Regulations

● https://darrp.noaa.gov/sites/default/files/CERCLA%20NRDA%20Regs%20%281%29.pdf

OPA NRDA Regulations

● https://darrp.noaa.gov/sites/default/files/15%20CFR%20Part%20990%20‐ %20OPA%20NRD%20Regs.pdf

DARRP Science Materials

● https://darrp.noaa.gov/science‐and‐economics

Field Forms, Data Templates, and Guidelines

● https://www.diver.orr.noaa.gov/web/guest/field‐forms‐and‐templates

Other Statutes, Regulations, Guidelines

● https://darrp.noaa.gov/legal‐context

1.6 PERFORMANCE REQUIREMENTS SUMMARY

This requirement will include a Performance Requirements Summary (PRS) like the example located in Section 7.0. The PRS plays an integral role in the administration of the requirement. In addition to any applicable inspection clauses or other related terms and conditions contained in the BPA, the PRS shall serve as a primary tool for inspection and acceptance of services as facilitated by the COR. Evaluation of the Contractor’s overall performance shall be in accordance with the performance standards set forth in the PRS, and will be conducted by the COR. The PRS constitutes a material aspect of the BPA and will not be changed or otherwise modified without prior written approval of the Contracting Officer (CO).

2.0 SPECIFIC REQUIREMENTS AND TASKS

The Contractor shall complete tasks below over the period of performance and in accordance with their proposal.

2.1 PREASSESSMENT, SITE INVESTIGATION, AND CLEANUP PLANNING

The Contractor shall identify and assess potential injury to NOAA trust resources from hazardous waste releases and related contamination, oil discharges, injuries to marine sanctuary resources and other incidents and develop cost‐effective strategies to address these issues. In support of this activity, the Contractor may be directed to perform the following:

1. The Contractor shall plan and implement the effective collection, transportation, and review of data from NRDA sites or other sources that are affected by an incident, or where there is injury to National Marine Sanctuary natural resources and services. The focus is on NOAA’s natural resources and services, but the Contractor shall consider other natural resources if directed by NOAA or otherwise warranted given NOAA’s co‐trustee interests. The end product of this activity may be a Preassessment Screen Determination under CERCLA or Determination to Conduct Restoration Planning under OPA.

2. Evaluate the data available for site characterization and the potential for injury to NOAA natural resources and associated services. Determine data gaps and set priorities for additional data collection. Establish clear data management practices.

3. Support environmental assessment of potential injuries to NOAA natural resources. Review draft reports, develop comments and suggestions to strengthen draft assessments, perform statistical and modeling analyses, conduct literature surveys to determine contaminant concentrations that could be injurious to trust resources, and recommend additional tests and analyses.

4. Review proposed remedial strategies, provide comments, and recommend the best strategy to address contamination in coastal environments. Provide advice on methods to minimize further injury during the cleanup process, to promote primary restoration, and ensure the effective and efficient recovery of remediated habitats.

5. Preliminary injury modeling may also be required, including Habitat/Resource Equivalency Analysis, site‐specific models, or other fate/effects models (or portions thereof) based on data collected during the Preassessment Phase.

All components of this activity shall be conducted in close coordination with NOAA's economic, scientific and legal staff so that preliminary results can be evaluated to determine whether further sampling or analyses should be pursued. The Contractor’s preassessment activities and conclusions shall be submitted in writing and, include but are not limited to identifying:

● Potential or actual sources of hazardous substances, oil discharges, and environmental injury and service loss.

● In the case of National Marine Sanctuaries, the injury to Sanctuary natural resources and services.

● Natural resources and services at risk, including their distribution in space and time.

● The extent of contamination or physical environmental alteration.

● The vulnerability of natural resources and services to the contaminants of concern or to physical alteration, and the pathways by which the contaminants or the action causing the alteration may reach those natural resources.

● The type and scope of potential or actual natural resource injuries and lost services.

● Potential feasible restoration alternatives to restore natural resources to baseline conditions and to compensate for interim losses, along with the costs of both.

● Alternative approaches to value lost services and/or to scale restoration projects and suitable methods to implement those approaches.

● If specifically directed, conduct a Preliminary Estimate of Damages, which is an initial estimate of the likely range of damages, employing the measure of damages appropriate to the CERCLA NRDA regulations.

● An estimate of the cost and period of performance for appropriate types of assessment procedures.

● An evaluation of the adequacy of relevant economic and natural science data, including data gaps, and the most cost‐effective methods to fill those gaps.

2.2 INJURY ASSESSMENT AND QUANTIFICATION

The Contractor shall provide all services necessary to carry out specific Injury Assessment and Quantification activities as provided under the CERCLA and OPA regulations and associated guidance.

These activities include development of an appropriate NRDA strategy and suitable support services to ensure the strategy is effective and successful. In support of this activity, the Contractor may be directed to perform the following:

1. Develop a strategy for a scientifically sound, defensible, and cost‐effective determination and quantification of the injury.

2. Conduct field sampling, laboratory analyses, model analyses, and data interpretation necessary to determine pathways, exposure, and test for injury to NOAA’s natural resources and services at sites where existing data are regarded as being inadequate. Trustees may require use of methods (i.e., field, laboratory, models, etc.) as prescribed under the CERCLA or OPA NRDA regulations, site‐specific, or other methods or portions of such methods deemed appropriate, applicable, and relevant in support of NRDA, remedial activities, or related areas. The Contractor shall integrate the newly developed data with historical data from the site in accordance with NOAA’s data management standards and leveraging NOAA data management tools.

3. Quantify injuries, where NOAA determines that quantification can be accomplished by the application of defensible methods, and that the results will contribute to the identification and scaling of restoration alternatives. Quantification shall include determining the reduction from baseline or other reference conditions in the quantity and quality of services provided by the injured natural resources and services and an analysis of the ability of the injured natural resources and services to recover and the estimated duration and form of that recovery horizon.

4. Prepare draft and final reports on the injury determination and quantification work in a format and content suitable for publication and incorporate recommendations from any peer review.

2.3 RESTORATION PLANNING – IDENTIFY, DEVELOP, AND IMPLEMENT

RESTORATION PROJECTS

Damages for injuries to natural resources and services resulting from incidents must rely on a restoration plan developed with opportunity for public review and comment. The restoration planning process integrates the National Environmental Policy Act (NEPA). The Contractor shall need to address requirements for restoration planning under CERCLA and OPA. The Contractor may be directed to:

1. Use relevant data from activities above to identify and evaluate a range of potentially feasible restoration alternatives for restoring injured natural resources and services to baseline and compensating for interim losses.

2. Estimate the costs or other requirements of implementing restoration alternatives identified below, and any other feasible restoration alternatives identified (in compliance with NEPA), including contingency and performance monitoring costs and requirements needed to ensure their successful implementation.

3. Perform early planning studies of selected restoration methods, including conceptual design, costing, benefit estimation, permitting requirements, monitoring, and related activities to determine effectiveness and feasibility.

4. Design and conduct monitoring programs to evaluate whether restoration projects are meeting specified performance or other standards, and to identify corrective measures where needed.

5. Estimate the ecological, economic or other benefits of selected and alternative restoration projects.

6. Plan, coordinate, and implement certain specifically identified restoration projects.

2.4 DETERMINE COMPENSATION FOR INTERIM LOSSES/SCALING

RESTORATION ALTERNATIVES

The Contractor may be directed to apply a selected approach(es) for determining compensable values/scaling restoration alternatives. Natural Resource economists use a set of analytic tools to assign values to natural resources and the services they provide. Under this PWS, the Contractor may need to conduct the following:

1. Apply defensible economic methods to determine interim lost value of public natural resources to scale restoration projects, including any necessary collection of data, including, but not limited to:

● Habitat Equivalency Analysis or Resource Equivalency Analysis

● Habitat Based Resource Equivalency Method

● Travel Cost Method

● Factor Income Approach

● Hedonic Price Model

● Market Models of Supply and Demand

● Contingent Valuation

● Stated Preference Methods such as Conjoint Analysis

● Benefits Transfer Approach

In calculating damages, the Contractor shall take steps to ensure that double counting is avoided.

The Contractor shall apply the appropriate discount rate as determined by NOAA to arrive at the net present value of damages.

2. Document calculations for scaling restoration alternatives (or the studies, data, or assumptions upon which they are based) in a format suitable for peer review, facilitate peer review, and distribute final reports on the compensation calculations that incorporate recommendations from any peer review effort as specified by NOAA.

2.5 MANAGEMENT AND ADMINISTRATION

General Management and Administration

The Contractor shall be responsible for effective and efficient case management and administration of call orders. Such responsibilities shall include but are not limited to address call order objectives, audience, scope, activities of the call order, responsibilities, resources, schedules, documentation, budget, communication, coordination, facilitation, necessary reviews, and quality. Specific work may direct the Contractor to:

1. Coordinate NRDA activities to ensure that all projects proceed on schedule and within budget, and that appropriate communication and coordination occur to ensure that results are consistent and compatible with the regulations. The Contractor shall immediately notify NOAA if any problems arise.

2. Assist in the retention, preservation, and archiving, by case or project, of all information and material in both physical and electronic format for each NRDA. The Contractor will comply with all litigation holds and preservation orders imposed by NOAA or upon NOAA by appropriate authorities. All data, information, and material will remain Government property and shall be delivered to NOAA as directed without use restriction.

3. The Contractor shall apply best records management practices in the maintenance of all electronic and hard copy information and documents generated pursuant to this BPA. This includes the maintenance of appropriate metadata, application of appropriate backup systems, segregation of electronic records by client and case, and segregation or clear identification of Confidential Business Information. The latter two requirements will be implemented to facilitate efficient, immediate (i.e., without the need for further review) transfer of information upon request of NOAA. The Contractor shall also maintain all electronic information and/or documents in native format, unless otherwise directed by NOAA, and by means that facilitate efficient transfer to NOAA upon request.

4. Facilitate the identification, management, and retention of peer reviews of strategies, plans, studies, reports, or findings. Peer reviewers shall be recognized experts who are highly accomplished and published in their specific fields of endeavor.

5. Assist with public dissemination of information and outreach using whatever mechanisms and venues that may be appropriate. This work may include preparing for and attending public information meetings, developing presentation and interactive materials, and helping compile and respond to public comments.

Studies and Results

The Contractor, in consultation with NOAA, may be directed to incorporate the findings of all activities set forth in this PWS into a Damage Assessment /Restoration Plan that adequately documents the claim, including the reasonable costs of the assessment.

If the assessment is being conducted in accordance with OPA, the Contractor may be asked to perform the following:

6. Prepare an evaluation of restoration alternatives based on criteria identified in the OPA regulations, including feasibility, efficacy, extent to which the alternatives meet the restoration goals, and negative environmental effects and costs as directed by NOAA.

7. Prepare a draft Damage Assessment and Restoration Plan/Environmental Assessment for public review. The draft plan shall discuss the evaluation of the restoration alternatives and identify the trustees’ proposed preferred alternative.

8. Coordinate all aspects of the public review process, including public notification, distribution of review copies of documents, organizing public meetings, preparing transcripts, if necessary, and summarizing public comments.

9. Prepare and distribute a final Restoration Plan that addresses all significant public comments and incorporates recommendations from any peer review as directed.

If the assessment is being conducted in accordance with CERCLA, the Contractor may be asked to perform the following:

10. Prepare a public review draft of the Restoration and Compensation Determination Plan, manage all aspects of the public review not otherwise determined to be inherently Governmental functions, including public notification, distribution of review copies of documents, organizing public meetings, or other appropriate public functions, preparing transcripts if necessary, and summarizing public comments; and prepare and distribute an approved plan for the Restoration and Compensation Determination Plan that addresses all significant public comments as identified by NOAA.

Under either OPA or CERCLA, the Contractor may be asked to:

11. Prepare any other documents or materials needed for public review or for the Administrative Record.

Quality Assurance/Quality Control (QA/QC)

The Contractor may be directed to assist in the development of QA/QC guidelines and protocols for NOAA on a case‐by‐case basis. Specifically, the Contractor may be required to perform the activities outlined below:

12. Develop guidance on QA/QC objectives and procedures.

13. Assist and advise Principal Investigators (PI) in developing QA/QC project plans that describe how QA/QC guidance is addressed for each project.

14. Review QA/QC plans, provide comments directly to the PI, and participate in project peer review sessions.

15. Evaluate and identify analytical facilities that can meet QA/QC requirements.

16. Conduct field and laboratory audits. The audits shall be conducted against the project QA/QC plans and good laboratory practice standards. Findings and suggested corrective actions shall be discussed with the PI and NOAA. These audits should include, but are not limited to:

● System audits conducted to qualitatively evaluate operational details.

● Performance audits as needed to evaluate data quality, documentation, and management.

17. Assist PIs and project personnel in developing data of acceptable quality by identifying problems and suggesting solutions.

18. Assist PIs in identifying and collecting all raw data, documentation, records, protocols, specimens, and final reports to archive, in accordance with the open data policies and open data standards prescribed through Executive Order and implemented through NOAA Directives.

19. Adhere to best practices in chain of custody, assimilation into NOAA's database and protocols for QA/QC.

2.6 LITIGATION SUPPORT

Litigation support refers to all activities that are designed to prepare and support a legal team review the merits of or try a case, including document review, interviewing witnesses or experts, and case preparation. Contractor may be directed to perform the following:

1. If directed, evaluate strengths and weaknesses of the Government's case, as well as those of the RP/PRP. Make recommendations, as appropriate, to increase the strength and defensibility of the Government’s case.

2. If directed, identify and retain experts and witnesses for evaluation by and consultation with NOAA. Make Contractor and sub‐Contractor personnel conducting activities pursuant to this BPA available to serve as witnesses at trial, depositions, hearings, administrative proceedings, and/or other legal proceedings, as requested.

3. If directed, assist in collection, organization, review, and interpretation of depositions, reports and studies, and other documents produced during discovery.

4. Ensure that all Contractor personnel and sub‐Contractors or others, as applicable, are notified of litigation holds (LITHOLDs), and that they maintain Department of Justice requirements for document retention and preservation.

5. If directed, assist in the preparation and/or other support of experts, including those of Contractors and sub‐Contractors, for testimony at trial, depositions, hearings, administrative proceedings, and/or other legal proceedings.

6. Implement and enforce LITHOLDS among Contractors and sub‐Contractors, as directed by NOAA’s Office of General Counsel.

7. Implement records management and peer review management in a manner that supports the efficient execution of NOAA’s legal discovery or other document production obligations.

2.7 DATA MANAGEMENT, IMPROVED RAPID ASSESSMENT

CAPABILITIES AND METHODS DEVELOPMENT

This activity involves supporting data management, providing assessment training and the development of improved economic and scientific NRDA methods with a focus on generic methods that can be applied to similar assessments in different geographic locations to obtain cost economies. Approved task instructions for this activity may direct the Contractor to:

1. For NOAA’s Field Assessment Support Techniques Program, participate in and, if requested, conduct training for emergency response/rapid site assessment. This training shall include both NOAA and Contractor personnel, and should incorporate both classroom and field exercises. This training should be designed to increase technical understanding of NRDA related issues, and foster coordination and team‐building among the participants. Training topics that may be addressed include: chemistry; fates, transport, and effects of contaminants; case histories; sampling strategies; field techniques; restoration of injured resources, restoration scaling, and restoration techniques; resource economics; assessment strategies; natural history;

biology; health and safety considerations; statistics; relevant regulations; and other related topics.

2. Restructure existing information and data on vulnerable natural resource distributions, impact mechanisms, potential injuries to resources, injury thresholds, and regional/local pollutant transport modeling input parameters and other information to support injury assessment for immediate accessibility and use for NRDAs. Work with existing data standards and data management so information can be used in support of NOAA’s Data Integration Visualization Exploration and Reporting and Environmental Response Management Application tools.

3. Develop and conduct studies on pollutant effects on marine and coastal ecosystems, with new data and analysis brought into existing data management environments where possible.

4. Develop methods to estimate values for non‐market natural resource services or to support the scaling of restoration alternatives.

5. Develop analytical methods for estimating the economic benefits of proposed restoration, rehabilitation, replacement, and acquisition of the equivalent alternatives.

6. Evaluate and improve methods for simplified/expedited NRDAs, e.g., use of computer models or other tools.

7. Under NOAA’s direction, prepare and distribute an NRDA "handbook" or other guidance documents and develop knowledge management systems for use by NOAA and its co‐trustees.

8. Facilitate and participate in meetings with program staff to define goals and objectives for program management, planning, and evaluation, compile information to support these efforts, and develop tools for managing this information.

9. Prepare and update/maintain appropriate health and safety plans.

10. Prepare tools, guidance, and handbooks designed to improve and facilitate NOAA’s emergency response capabilities.

11. Develop and enhance injury assessment and restoration scaling methods.

12. Support all aspects of long‐term restoration monitoring coordination, and project and environmental data management in the Gulf of Mexico and coastal and inland waterways.

2.8 EMERGENCY RESPONSE

NOAA has an emergency spill response capability to address incidents when and where they occur. In‐ house capability is supported by qualified Contractor personnel capable of providing rapid, on‐scene response to designated spill emergencies.

In order to ensure a rapid response, ARD envisions having emergency task instructions in place so that the Contractor may immediately respond to a spill incident. The emergency task instruction(s) will allow for full‐scale mobilization of the Contractor for field response to an incident, or limited response for small incidents where Contractor support may be needed, but the necessary hours, travel, and other costs are expected to be minimal for the emergency task instructions.

The objective of this activity is to maintain a diversified team of personnel capable of responding to spills on behalf of NOAA with the necessary logistical, scientific, technical, and administrative support for all types of incidents. The qualified and designated Contractor team shall maintain 24‐hour spill response readiness through annual NRDA training, and related technical support activities.

In support of this activity, the Contractor shall:

1. Maintain, on a 24‐hour basis, a core team of qualified personnel capable of responding to a designated spill incident or multiple incidents on behalf of NOAA. The components of an NRDA preassessment team are discussed in NOAA’s “Preassessment Phase Guidance Document.” This team could also be employed solely in the response portion of the incident. The Contractor shall identify a single point of contact and be capable of mobilizing a qualified team of personnel within six hours after notification from the ARD project task manager.

2. The core team (no more than 4‐5 persons) shall be capable of and experienced in providing, at a minimum, the following services: Biological/ecological effects of oil;

wildlife biology; toxicology; environmental (primarily petroleum) chemistry; experimental design; sampling, including collection, storage, chain‐of‐custody, QA/QC; project management;

data and information management and administrative support; handling and shipping of hazardous materials; and environmental modeling. In addition, the Contractor shall have experience conducting: (1) Shoreline assessments to quantify oiling and service losses; (2) wildlife recovery surveys; (3) three dimensional fate and transport modeling in marine and coastal waters; (4) Shoreline Cleanup Assessment Technique (SCAT) team lead or team member;

(5) Geographic Information System specialist; and (6) alternative response technology consultation. Each member of the core team shall be available for and trained in emergency response, which may include work at the incident scene or consultation as needed from other locations and may involve Hazardous Waste Operations and Emergency Response qualification.

3. Each of the team members shall be knowledgeable and experienced individuals from the Contractor’s core support team and shall participate in training sessions to respond on‐scene to spill incidents when their respective skills are necessary. Contractor representatives deployed in response to a spill incident shall be capable of working independently, taking initiative in collecting and analyzing data and using NOAA’s data management and visualization tools including DIVER and ERMA, identifying appropriate, immediate preassessment actions, and recommending both short and long‐term studies as may be necessary. In addition, the Contractor shall be experienced in current spill response methods and be capable of advocating appropriate methods in consultation with RP/PRPs.

4. In addition to the core team, the Contractor shall ensure that other individuals are available to provide field support or other specialized skills (e.g., natural resource economics, restoration and restoration scaling methods, GIS, statistics, QA/QC, non‐petroleum chemistry, wildlife capture and rehabilitation). These individuals may also be required to respond to spill incidents and participate in training sessions if and when their specific skills are needed.

5. Undertake all activities in subsection Litigation Support above with regard to emergency response personnel such that those personnel will be capable of supporting litigation or other legal proceedings, should such support become necessary.

2.9 MARINE DEBRIS SUPPORT

The Marine Debris Act (33 U.S.C. 1951 et seq.) focuses on activities addressing the adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety through identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. Marine debris work includes investigating and solving the problems that stem from man‐made marine debris through research, prevention, and reduction activities in order to protect and conserve our nation’s marine environment and ensure navigation safety. The Contractor may be directed to perform the following:

1. Assist with the analysis, assessment, and dissemination of marine debris research studies and related materials including economic assessments.

2. Assist with maintenance and content development support for outreach products, including the translation of marine debris and products into different language, compliance with Section 508 of the Rehabilitation Act of 1973, and web site support including, social media tools and blogs, webinars and training resources.

3. Assist with working with partners on research and monitoring activities including field and desk‐ based activities related to the Marine Debris Monitoring and Assessment Project (MDMAP).

4. Assist NOS/OR&R in providing expertise and oversight for OR&R‐funded regional projects, initiatives, and provide support to projects and activities to develop and maintain partnerships with, and provide technical assistance to, colleges, universities, tribal groups, underserved communities, and environmental groups at all levels, both within and external to NOAA.

5. Assist in the development and implementation of Marine Debris Action Plans, as well as marine debris response plans for affected regions and provide hazard expertise to the national program.

6. Provide support to marine debris related projects, activities, and actions in support of the Marine Debris Act, and other legislative priorities as determined by OR&R.

7. Provide support to OR&R and to the Marine Debris Program for environmental compliance needs of marine debris field work and projects

3.0 CONTRACTOR PERSONNEL

The primary purpose of this BPA is to support NOAA DARRP’s capability to evaluate the effects of hazardous substance releases, oil discharges and other impacts as they relate to the natural resources and associated services of interest to NOAA. The Contractor shall provide all staff necessary for the execution of the work, and must ensure that the personnel performing the work meet all skills, safety and other requirements.

The Contractor shall provide personnel with the appropriate skills and experience necessary to perform the tasks described in this requirement and that will be further articulated in future call orders. This work requires trained staff, often at an education or experience level specified for scientific work. It is expected that personnel with a variety of skills, experience, and education will be necessary to implement the requirements ranging from Principals and Expert Consultants to Research Analysts and Administrative Support. The combination of personnel necessary for any particular call order will be determined by the specific call order requirements. Potential call order needs may include, but are not limited to, project management, environmental field sampling and large‐scale data collection, safety, data management, budget/finance, expert testimony, document production, travel coordination, as well meeting coordination and participation.

3.1 STAFF OVERSIGHT

3.1.1 Program Manager

The Program Manager (PM) shall be the Contractor’s primary administrative representative having full authority to act on matters pertaining to the performance of the services under this BPA. The PM shall be responsible for all aspects of performance (i.e., technical, administrative, and financial). The PM shall act as the primary interface between Government and Contractor personnel, and review and monitor Contractor technical work for overall quality, efficiency, and timeliness. The PM shall coordinate these activities with the CO and the COR.

The PM shall meet with the COR and other Government personnel to discuss any problems or other issues as they arise. After normal business hours, the PM, or designee, shall be available within two hours of contact for project related problems deemed urgent by the COR. The Contractor shall obtain Government approval of any proposed replacement of the PM.

The PM shall have a bachelor’s degree in a relevant scientific or administrative discipline from an accredited college or university and shall have a minimum 10 years of project management experience.

The Contractor shall provide a resume and three references to the Government for the PM.

Specifically, the PM shall:

● communicate with COR on any unusual situations or risks as they arise.

● meet monthly or as needed with COR to review invoices.

● provide miscellaneous administrative reports to COR, as requested.

● ensure that all Contractor staff are adhering to approved plans for Safety, Quality Control, Scheduling/Staffing and Diversity, Equity, Inclusion and Accessibility, etc.

3.2 DIVERSITY, EQUITY, INCLUSION AND ACCESSIBILITY PLAN

NOAA and ARD emphasize a diverse and welcoming working environment, where all people have an opportunity to contribute. The Contractor shall provide a Diversity, Equity, Inclusion and Accessibility (DEIA) Plan within thirty (30) days of award, demonstrating how the company is advancing diversity (e.g., race, color, disability, ethnicity, gender, gender identity), equity, inclusion, and accessibility in its workforce and recruitment efforts.

3.3 EMPLOYEE IDENTIFICATION

Contractor employees visiting Government facilities shall wear an identification badge (personal or company‐issued) that, at a minimum, displays Contractor company, the employee’s photo, name, clearance‐level and expiration date. Contractor employees shall display identification or visitor badges in plain view above the person's waist at all times whilst on site or in Government buildings. Contractor employees shall comply with all Government site escort/visitor rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent (in meetings, in e‐mail messages, etc.).

3.4 PROFESSIONAL CONDUCT

As noted above, NOAA ARD highly values a blended workforce of federal and Contractor staff. NOAA ARD is also an organization that relies heavily on partnerships, both in facilities and in working with external collaborators and stakeholders. NOAA ARD expects federal and Contractor staff to treat each other and NOAA ARD partners appropriately with respectful, professional conduct. To foster a safe and inclusive environment, it is important that both the Government and Contractor staff have an avenue to raise and resolve disputes. If there is a conflict/dispute between Government and Contractor personnel, the Contractor personnel should contact the PM. The PM will consult the approved staffing plan for conflict resolution procedures and notify the COR.

Government may also, at its sole discretion (in coordination with the COR and CO where practical), direct the Contractor to immediately remove any Contractor employee from a field site. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the BPA. The CO will provide the Contractor with a written explanation to support any request to remove an onsite employee.

4.0 OTHER APPLICABLE CONDITIONS

4.1 PERIOD OF PERFORMANCE (Anticipated)

Base Period: February 6, 2025 – February 5, 2030

The period of performance (POP) for this award will not exceed 60 months from the date of award. The government anticipates either a time and materials or firm‐fixed price award to be determined based on the contingency nature of the BPA and currently unknown future call order requirements.

4.2 SAFETY CONSIDERATIONS

The Contractor shall adhere to all federal, state and local safety regulations when on Government property or performing Government services. Contractor shall report all safety issues to the PM.

4.2.1 Hazardous Waste, Shipping, and Environmental Compliance

The Contractor shall take precautions if they come across any hazardous waste items while working in the field with due regard to the safety of its own and Government workers. The Contractor shall comply with all local, state, and federal regulations (e.g., Environmental Protection Agency; Occupational Safety and Health Administration) pertaining to hazardous waste disposal and safety.

Material packed for shipment should be done in such a manner to ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.

The Contractor is required to comply with National Environmental Policy Act and all other environmental compliance statutes if they are applicable to the scope of work activities being conducted. These laws include but are not limited to the: Endangered Species Act, Clean Water Act, National Historic Preservation Act, Essential Fish Habitat Provisions of the Magnuson‐Stevens Act. All applicable Best Management Practices to avoid impacts to protected resources are required to be employed during vessel and other field operations. All applicable federal, state and local permits required will be obtained prior to commencement of field work.

4.3 INTELLECTUAL PROPERTY RIGHTS

All deliverables and services rendered as a part of this BPA are or become the property of the U.S.

Government. This includes but is not limited to all drafted or shared data, documents, analyses, files (digital or other), reports, notes, photos, communications, or any other original works. Aforementioned items available to the Contractor during the period of performance may only be used by Contractor personnel to conduct work on behalf of the Government. Copies are not to be disseminated to anyone outside of NOAA ARD/OR&R or to any other Contractor personnel without explicit release from the COR.

Project related files and data should be stored on secure hard drives or approved cloud storage for the duration of the project. Deliverables will be submitted to NOAA via email. Data should be stored and submitted to NOAA via DIVER.

The Contractor shall retain site‐specific documentation of costs for a period of 10 years after final BPA payment or until such documentation has been provided to the Government.

The Contractor is bound by the requirement of scientific integrity as required by NAO 202‐735D‐2.

4.4 POST AWARD CONFERENCE

The Contractor shall prepare an agenda for and attend a Post Award Conference with the CO, COR and ARD project task manager (TM) no later than ten (10) calendar days after the date of award. The purpose of the Post Award Conference, which will be chaired by the CO, is to discuss technical and contracting objectives of this BPA. The Post Award Conference will be held via teleconference.

4.5 MONTHLY PROGRESS REPORTS

The Contractor shall provide a monthly progress report to the CO, COR and TM via email that shall be submitted in the following format:

● Table of contents that links to each section with a footer that links back to the first content page.

● Introduction to the monthly report; i.e. purpose, when it is due, content it provides.

● Information from the Contractor’s management team regarding observations, accomplishments, and risks.

The monthly progress report shall include, at a minimum, the following content:

● Observations/risks from monthly efforts;

● Accomplishments, challenges, Gantt chart and/or schedule for the respective month; and

● Work performed during the invoice period, to include, significant…