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FBO DAILY ISSUE OF APRIL 15, 2010 FBO #3064
SOLICITATION NOTICE

R -- Legal and Regulatory Assistance on Ocean and Coastal Issues Faced by the National Park Service

Notice Date
4/13/2010
 
Notice Type
Combined Synopsis/Solicitation
 
Contracting Office
WASO - WCP - Denver Contracting & Procurement P.O. Box 25287MS WCP Denver CO 80225
 
ZIP Code
80225
 
Solicitation Number
Q2380105500
 
Response Due
5/3/2010
 
Archive Date
4/13/2011
 
Point of Contact
Sybil Winfield Contracting Officer 3039692076 sybil_winfield@nps.gov;
 
E-Mail Address
Point of Contact above, or if none listed, contact the IDEAS EC HELP DESK for assistance
(EC_helpdesk@NBC.GOV)
 
Small Business Set-Aside
Total Small Business
 
Description
Title: Legal and Regulatory Assistance on Ocean and Coastal Issues Faced by the National Park System This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 entitled "Streamlined Procedures for Evaluation and Solicitation for Commercial Items", and FAR Part 13 entitled "Simplified Acquisition Procedures" as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Requests for Quotes (RFQ) are being requested and a written solicitation type document will not be issued. The RFQ and incorporated FAR provisions and clauses are those in effect through Federal Acquisition Circular FAC 05-40 dated March 23, 2010. The Request for Quote Q2380105500 entitled "Legal and Regulatory Assistance on Ocean and Coastal Issues Faced by the National Park System" is hereby being issued for a purchase order. The required services will be performed in National Park Service offices, Lakewood, Colorado. The period of performance will begin upon award of the purchase order and will end by August 2011. The start date for the period of performance will be dependent upon purchase order award and notification that the contractor has received an approved background security check under Homeland Security Presidential Directive-12 (HSPD-12). Quotes are due by 4 PM Eastern Time, Wednesday, May 3, 2010. Quotes shall be submitted via email to Sybil Winfield, Contracting Officer, sybil_winfield@nps.gov. Vendors are responsible for confirming receipt of their quote. Quotes received late may not be considered for award. Questions can be sent to Sybil Winfield, Contracting Officer at sybil_winfield@nps.gov or call 303-969-2076. The address is the National Park Service, Mail Stop WCP, 12795 West Alameda Parkway, Lakewood, Colorado 80225. This RFQ is a small business set-aside for Small Business concerns. The NAICS code is 541620 (Environmental Consulting Services) and the small business size standard is $7 million. To be eligible for award under this RFQ, the offeror must be listed with current status on the Central Contractor Registration (CCR) website (www.ccr.gov) and the offeror's Representations and Certifications must be updated and complete in the Online Representations and Certifications website at orca.bpn.gov. BEST VALUE TO THE GOVERNMENTAward will be made to offeror who represents the best value to the Government. Technical evaluation factors as well as past performance will be considered in addition to price. The evaluation factors are detailed in this combined synopsis/solicitation notice. QUOTESThe quote should include a per hour cost (fully loaded rate) plus any other costs (i.e. travel cost estimate of $8,000.00). In addition, the quote must include responses to the evaluation factors and any other requested documentation (such as resumes). STATEMENT OF WORK Description:The Ocean and Coastal Resources Branch (OCRB) of the National Park Service's (NPS) Water Resources Division is a component of the NPS Natural Resource Program Center (NRPC). OCRB was formed in 2007 to implement the NPS Ocean Park Stewardship Action Plan (2006). One of the goals of the Plan is to increase NPS technical capacity for the exploration and protection of NPS ocean and coastal resources. An important component of increasing such technical capacity is the description and analysis of NPS jurisdiction, authorities, boundaries, and remedies.OCRB works closely with the NPS Geologic Resources Division (GRD), another division within the Natural Resource Program Center, in all aspects of implementing the Ocean Park Stewardship Plan, including the implementation of the goal and component described above. GRD provides parks, regions, networks, and the NPS Washington Office with expertise on minerals management, disturbed lands restoration, geohazards, soil and geologic inventories, planning, and the management of specialized geologic resources such as caves and karst, fossils, and coastal resources. The assistance provided by GRD often requires interpretation of statutes, regulations, case law, and policy, and the development of policy and guidance documents. GRD policy/regulatory staff work closely with attorneys in the Department of the Interior Office of the Solicitor in these tasks. At present, the number of ocean and coastal legal and regulatory issues warranting research and analysis outpaces the in-house capability of OCRB and GRD staffs. As a result, OCRB and GRD seek to obtain assistance from a Contractor in conducting regulatory and legal research and developing analytical and guidance memoranda and other regulatory or legislative documents for ocean and coastal units of the National Park System. Scope of Work:The Contractor shall prepare independent analyses and provide expertise related to NPS ocean and coastal legal and regulatory issues. Independently and not as an agent of the Government, the Contractor shall provide the NPS with all labor and services necessary to conduct the needed research and prepare the requested documents in electronic format. The work must be performed in NPS GRD's Lakewood, Colorado office. Specific research and analytical needs include the following:1. Establishing, refining, and updating high-priority park unit boundariesThe Contractor will research and draft approximately 12, and up to 15, park unit-specific legal memoranda satisfactory to GRD, OCRB, the NPS Land Resources Division, and the Department of Interior Office of the Solicitor regarding the location and modification over time of the boundaries of particular ocean and coastal park units. The park units included in this analysis will be those determined by OCRB, GRD, and other NPS offices as high-priority; that is, park units faced with sea/lake level changes, dynamic geologic features and processes, or other factors that necessitate analysis of that unit's boundary. This task will require the Contractor to: (1) analyze park enabling statutes, other statutes, and other applicable documents such as deeds, maps, and agreements,(2) consult with the National Oceanic and Atmospheric Administration and other agencies, (3) determine whether federal or state common law, or both, governs the legal outcome of geological shoreline processes in a given park such as erosion, reliction, and accretion, and(4) analyze the likely impacts of sea or lake level changes and seasonal fluctuations on park shorelines.The Contractor will need to travel to up to four NPS regional offices (the NPS Northeast Regional Office, the Southeast Regional Office, the Midwest Regional Office, and the Alaska Regional Office) during the performance of this task. Estimated travel costs of $8,000 must be included in the quote.These memoranda will then be used by the NPS Land Resources Division to update park boundaries as warranted and feasible, and by GRD, OCRB, and other NPS offices to help parks apply available authorities within the updated boundaries. 2. Assistance with revisions to NPS general regulations and park jurisdictional status.The Contractor will research and develop input to the pending revisions of the regulations at 36 C.F.R. Part 2 and Part 4 by the NPS Office of Regulations and Special Park Uses, as those revisions potentially affect the management of the natural resources of ocean and coastal park units. In addition, the Contractor will research the ocean and coastal-related implications of any concurrent jurisdiction obtained by the NPS within up to 5 areas of the National Park System.Specifically, the Contractor will:(1) Analyze the purpose, enforcement problems, or resource problems associated with existing NPS regulations, and identify whether any proposed regulations would solve those problems, and(2) Work with NPS law enforcement specialists and resource managers in analyzing the implications of any jurisdictional changes in up to 5 NPS units. 3. General Ocean and Coastal Park Jurisdictional GuidanceOCRB and GRD have recently completed a first draft of the NPS Ocean and Coastal Jurisdiction Handbook. This handbook discusses and explains NPS authorities and policies regarding various issues in ocean and coastal parks as derived from NPS regulations, various statutes, and case law. Such issues include commercial and recreational fishing, aquaculture, commercial and recreational boating, invasive species, recreation, water quality, off-road vehicles, and sediment management. The draft handbook is being reviewed by NPS staff as well as by attorneys in the Department of Interior Office of the Solicitor. OCRB and GRD are receiving comments on the draft handbook, and may host a meeting with approximately nine attorneys in the Department of Interior Office of the Solicitor to discuss and resolve any lingering issues presented in the draft handbook.The Contractor will help GRD and OCRB finalize the handbook by:(1) Collecting and analyzing comments on the current draft of the NPS Ocean and Coastal Jurisdiction Handbook;(2) Researching any and all questions raised in comments received; and(3) Drafting or modifying language for inclusion in the final version of the handbook. Qualifications of Key Personnel:Key Contractor Personnel should have a minimum of an advanced law degree such as a Master of Laws [L.L.M Degree] in Natural Resources and Environmental Law and Policy or equivalent experience. In addition, key personnel must have substantial legal and policy expertise related to ocean and coastal issues with knowledge of issues facing the National Park System. Key personnel are expected to have the appropriate legal training and background (or equivalent experience) in addition to experience in a natural resource work environment to successfully complete the Scope of Work. Period of Performance:The period of performance for the base period of the contract is anticipated to begin effective date of the purchase order and conclude no later than July 31, 2011. Place of Performance:Facilities and all computer hardware and software shall be provided by the National Park Service, Geologic Resources Division, at the Academy Place office located at 7333 W. Jefferson Avenue, Suite 450, Lakewood, CO 80235. Government-Furnished Property:Equipment and materials that may be provided by GRD, OCRB, and other NPS offices for use exclusively related to the project include but are not limited to National Park Service files, records, publications, and maps related to the National Parks. Furthermore, GRD shall supply office space, computer system, and telephone.The Contractor shall be responsible for the security and protection of government-furnished property provided to the Contractor in connection with this contract, and shall return all property to the government upon completion of this purchase order. The government shall pay for and approve all shipping and handling arrangements for all government property. Rights in Data:All material first produced in the performance of this contract shall be the sole property of the government. The Contractor shall not publish or produce such material in whole or in part, in any manner, or form, nor authorize others to do so, without the written consent of the Contracting Officer. Deliverables:The Contractor will produce draft and final legal memoranda and other written analyses of NPS regulations, laws, policies, and administrative procedures. All written products will be filed on a government-provided computer in park-named or other clearly-named folders, and will be in MS Word 2003 or 2007, MS Powerpoint, or MS Excel 2003 or 2007.The Contractor will also communicate via email. All emails containing information relevant to the Scope of Work described above will be filed in park-named or other clearly-named archives which are backed-up and readily accessible to government personnel. Evaluation Factors (FAR 52-212-2) This procurement action is based on the best value to the Government. Offerors should respond to the evaluation factors with a narrative along with resumes. Technical and past performance, when combined, are more important than price. Key personnel experience and knowledge of legal and regulatory authorities and policies regarding ocean and coastal units. Identify specific knowledge pertaining to the Department of Interior and the National Park System. Offerors shall be evaluated on the material submitted including resumes.Key personnel experience and knowledge in researching and writing reports/memorandum regarding legal and regulatory authority and the federal rulemaking process. Identify specific knowledge pertaining to the Department of Interior and the National Park System. Corporate knowledge of statutory and common law concepts as applied to ocean and coastal processes, resources, and locations. Past performance in similar or related projects. Federal Acquisition Regulation (FAR) ClausesThe following FAR provisions and clauses are hereby incorporated by reference into the RFQ and resultant purchase order:FAR 52.212-1 Instructions to Offerors - Commercial Items (June 2008)FAR 52.212-2 Evaluation - Commercial Items (Jan 1999)FAR 52-212-3 Offeror Representations and Certifications (Aug 2009)FAR 52.212-4 Alternative 1 Contract Terms and Conditions - Commercial Items (March 2009)FAR 52-212-5 Contract Terms and Conditions Required to Implements Statutes or Executive Orders (Feb 2010)FAR 52.217-8 Option to Extend Services (Nov 1999)
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/NPS/APC-IS/Q2380105500/listing.html)
 
Place of Performance
Address: National Park Service, Lakewood, Colorado
Zip Code: 80225
 
Record
SN02120552-W 20100415/100413235124-880b49977e8f51c490b67cc2dd4b2dcf (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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