S2737 Scope of Work.docx

SCOPE OF WORK

SCOPE OF WORK

The contractor shall perform all activities in a manner consistent with all State requirements.

Scope Tasks:

Task A: Project Administration Task B: Permit Writing Task C: Technical Assistance/Training Task D: UIC Permit Writing and Programmatic Support Task E: Programmatic Support and Development

Task A: Project Administration

The contractor’s responsibilities shall include regular coordination with NDEP staff to ensure preparation of draft permits which are compliant with federal and State law, on a schedule which meets the needs of NDEP.

Kick-off Meeting: An initial kick-off meeting for the contractor to meet with the NDEP team. The objective of the kickoff meeting is to provide a review of the scope of permit writing tasks for the year which may be assigned to the contractor. This meeting may take place in person or via video or teleconference. The agenda and meeting notes shall be prepared by the contractor, and the agenda shall identify any information the contractor will need to receive from the NDEP to begin work. The draft agenda shall be submitted to NDEP three days prior to the meeting. Meeting notes summarizing the kick-off will be provided to NDEP within 3 days of the meeting.

Coordination and Planning: The contractor shall be available for routine communication, planning, and coordination with NDEP on permit writing needs. The contractor shall confirm in writing any significant decisions or agreements made during these interactions.

Update Calls: The contractor shall participate in update calls, to be held on a frequency defined by NDEP to detail progress on each active work project (permit), to identify and correct problems, and provide feedback on permitting issues in individual areas.

Tracking of progress on permit issuance: The contractor is required to track each permit during the permit development process. The contractor shall maintain an up-to-date record of progress on all work assigned, including projected draft, review, correction, and submission dates, in an electronic tabular format (hereafter referred to as the “Tracking Spreadsheet”). This information, particularly changes in target dates, will be shared with the NDEP during the update calls and as part of the progress reports, both described below. The contractor is required to submit the report electronically in a table format that includes each of the specific projected dates and timelines for completion of all administrative permit packages.

Monthly Progress Reports: The contractor shall prepare and submit a report on permit-writing progress during a given month. This Progress Report shall be sent to the designated NDEP Bureau of Water Pollution Control contact and shall take the form of an e-mail or similar communication enabling sharing of digital files.

Itemized Invoicing: Each monthly invoice to NDEP shall include an itemized list of all NDEP permits worked on in the preceding month and the status of that permit as of the date of the invoice.

Submission Requirements: Tracking Spreadsheets, Monthly Progress Reports, and other significant communications or submissions of deliverables shall be sent by e-mail to the NDEP permit contact. Documents shall be in either .DOCX or .PDF file formats (for text) or .XLS format (for tracking spreadsheets) and shall be accessible, functional, and free from computer viruses or other technology problems.

Task B: Permit Writing – Draft Permit Packages and Administrative Records

The contractor shall prepare draft permit packages for each facility assigned to include a draft permit and fact sheet. Specific permits will be identified by NDEP and provided to the contractor via technical directive. The contractor shall provide an estimate of hours for the draft permit packages to NDEP for approval prior to the start of permit drafting. Correspondence shall primarily be in electronic form. Each permit package shall be consistent with applicable federal and Nevada regulations and guidance, and conform to Nevada’s policies and formatting practices as directed by NDEP staff and in the permit templates supplied by NDEP.

The contractor may be asked to provide the following services:

Review permit application materials and data that has been provided by the state, and/or the discharger as part of the permit application process.

Identify, collect, and review any additional background data for each facility to be permitted and the affected receiving water needed to properly evaluate the need for permit limitations and conditions.

Prepare an initial draft permit and supporting documentation (i.e., fact sheet), by inputting into NDEP’s E-Permitting software for each facility assigned. These initial draft documents shall be provided to NDEP, for review and comment.

Prepare Administrative Draft permits based on comments provided by the State. The contractor shall incorporate and address those comments and submit an administrative draft permit package (permit and fact sheet) as the final deliverable for this task. NDEP will use each Administrative Draft permit as part of the public notice package and will issue the final permit and related factsheet.

As needed, assist NDEP staff with response to comments received from the Permittee and/or during the Public Notice period for permits drafted under this task order. Contractor may be required to provide written documentation of such response(s) to comment.

Table 1. Task B: Permit Writing Contractor Activity Descriptions and Target Delivery Timeframes

· The Contractor will assign staff to review all information necessary for development of permit packages, specifically Permits (information such as: permit applications, permit fact sheets, applicable statutes, regulations, guidance, monitoring data, compliance, and enforcement correspondence).

· The Contractor will obtain information from Bureau of Water Pollution Control staff, as needed, via email for the purpose of developing permit packages.

Within 2 weeks after assignment by NDEP

• The Contractor shall be authorized to contact the facility directly if additional data or information is required to initiate permit development. NDEP shall be copied on any correspondence between the facility and the Contractor and shall be documented for the contract file and NDEP Bureau of Water Pollution Control administrative file as deemed necessary (e.g., new data submittal).

Within 4 weeks after permit assignment

• Based on review of all collected information, identify (if any) policy issues for discussion with the Bureau of Water Pollution Control. As necessary, discuss with the Bureau of Water Pollution Control to reach resolution.

• To facilitate review by the Bureau of Water Pollution Control, any unique issues will be highlighted in the Initial Draft Permits provided by contractor. [Note: if no comments are provided by the State on the initial draft, the draft will be considered the final administrative draft.]

Within 4 weeks after receiving final data and supporting documentation from NDEP.

• Based on comments from the Bureau of Water Pollution Control, revise the administrative Draft Permit Documents.

• Administrative Draft permit document(s) will be input into the E-Permitting software.

Within 2 weeks after receipt of comments from the NDEP Bureau of Water Pollution Control on Initial Draft

· Written documentation may be required.

As needed

Task C: Technical assistance and/or training as requested by NDEP.

The contractor shall provide technical responses/guidance to NDEP permit writers on permit drafting as needed and as requested. This guidance may be provided through virtual meetings or through email. NDEP may also request a training session on specific permit writing topics. Technical responses/guidance provided shall be billed on a hourly basis. NDEP will request a cost estimate from the contractor on training prior to the contractor initiating these tasks.

Task D: UIC Permit Writing and Programmatic Support:

D-1: Permit Review and Implementation Support Conduct administrative and technical completeness reviews of applications submitted for Class I, II, III, or V injection wells. Administrative completeness review should ensure that applications adhere to minimum federal and State regulatory requirements, and identify any substantive issues of concern, clarity and accuracy of the application, and data gaps. Technical review should evaluate, as applicable: analysis of well log data and testing results; evaluation of local and regional geology; area of review (AoR) determinations and zone of endangering influence calculations; review and evaluation of the efficacy of existing groundwater monitoring; recommendations for corrective actions at wells within the AoR; technical terms and conditions to be imposed on the draft permit (testing, monitoring, reporting, operational); evaluation of plugging and abandonment plans; and any other relevant information. Develop a list of additional information needed from the applicant to address any data gaps or technical deficiencies.

Develop a statement of basis/permit fact sheet for the proposed permit actions setting forth the basic facts and key questions considered in preparation of the draft permit.

Provide implementation support for issued permits, e.g., review of drilling plans, logs, Injection Monitoring Reports (IMRs), and other submitted tests/information.

D-2: Public Participation

Provide technical support for potential required public notices or hearings associated with program or permit actions. Support drafting of public notice and reviewing, summarizing, and developing draft responses for public comments.

D-3: Programmatic Support Document, Training, and Tool Development

Provide support for development of technical documents, training, and other tools or resources to support program implementation and decision-making. Products may include issue papers, briefing papers, slide presentations, GIS maps, templates, forms, and similar products. Examples of products include analyses of other state UIC program regulations and implementation approaches, training for program managers and other state staff on regulatory or technical requirements, training or guidance for permittees or the public, permit review templates, etc.

As needed, conduct special technical studies and technical reviews related to permit compliance, Safe Drinking Water Act compliance, and protection of underground sources of drinking water. Develop reports or memoranda containing the outcomes of the studies and reviews.

As needed, conduct environmental justice analyses to identify health and environmental concerns that may be associated with UIC permitting actions, including the potential effects of a project on minority and low-income populations, and any specific concerns that have been raised by the residents. Evaluate actions that may be taken to address such issues during the permitting process (or after, depending on the project).

D-4: Program Implementation

Provide support for effective program implementation. Support may include development of standard operating procedures, assessments of organizational effectiveness, recommendations on process improvement, analyses of resource needs (including staffing), data management support, reporting, support for cross-jurisdictional decision-making, etc.

D-5: Recordkeeping, Reporting, and Data Management

Provide support for maintaining or updating spreadsheets, documents, databases, GIS maps, or other products related to regulated UIC wells, for the purposes of supporting state decision-making, inventory development/maintenance, or related activities. Conduct quality assurance review of existing and newly collected data.

D-6: General Consultation Support

Provide as-needed expertise to support program implementation, permit reviews, public participation activities, special projects, regulatory actions, and other related activities.

Task E: Programmatic Support and Development

The contractor shall provide as needed general programmatic support which could include guidance and support on general permit renewals, inspections, audits and outreach, individual permit inspections and inspector training, report reviews and other needs that the Bureau may have. The contractor may also be asked to provide support and guidance for the development of new programs and permits as needed. This could include anti-degradation implementation guidance, wetlands protection program guidance and development and other programmatic development needs.

DELIVERABLES

Based on NDEP Bureau of Water Pollution Control requirements and applicable formats and/or language, the Contractor shall prepare the initial and administrative draft permit documents (Permits with associated Fact Sheets) and their respective administrative records, for each facility assigned. These draft documents will be provided to NDEP for State staff review and comment. The contractor will incorporate comments provided by NDEP on the administrative draft and supporting documentation. A copy of all documents will be provided to NDEP at the completion of the task order. The schedule of the assignment of individual permits shall be agreed between the Contractor and the Bureau of Water Pollution Control.

Final deliverables shall be consistent with the acceptance criteria described at the end of this work statement. Additionally, all final deliverables shall be of superior editorial quality.

SUMMARY OF DELIVERABLES AND DUE DATES

The Contractor shall notify NDEP when 75% of the authorized work assignment labor hours have been expended.

ANTICIPATED TRAVEL REQUIREMENTS

Travel by the contractor may be required for Task A, B, C, D and E.

ADDITIONAL REQUIREMENTS:

Office direct costs (ODCs) for copying, postage/courier, supplies, computer usage, and graphics are allowed. No other ODCs are allowable as a direct charge to this delivery order without the prior written approval of the Contracting Officer.

The Contractor shall develop and maintain files supporting each task.

The contractor shall contact NDEP by telephone to discuss any problems that may adversely affect the work on this Work Assignment. Within five (5) calendar days the contractor shall follow the phone call with a brief written explanation of the problem, including any actions already taken, and/or recommended solutions to correct the problem.

CONTRACTOR IDENTIFICATION

To avoid any perception that contractor personnel are NDEP employees, the contractor shall assure that contractor personnel are clearly identified as independent contractors of NDEP when attending meetings with outside parties or visiting field sites.

CONTROL REQUIREMENTS

Quality Assurance Project Plan (QAPP):

The contractor will have to provide evidence of its own quality assurance system for NPDES permit writing. This may consist of a checklist or other equivalent documentation. Contractors may be required to perform additional quality assurance measures as directed by NDEP.

Revised 2023-04 Page 2 of 2 Attachment AA