THREE ENVIRONMENTAL ASSESSMENTS - PAWNEE
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The solicitation number for this procurement is 140A0318Q0113 and is issued as a Request for Proposal (RFP). The Bureau of Indian Affairs (BIA), Southern Plain Regional Office intends to award a firm-fixed price contract in response to this Request for Proposal (RFP).
The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-02 dated May 6, 2019.
This solicitation is an Indian Small Business Economic Enterprise (ISBEE) set-aside. Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. Offers received from enterprises that are not both Indian economic enterprises and small business concerns will not be considered and will be rejected. As part of your offer, you must complete and return the Indian Economic Enterprise Representation form (DIAR Clause 1452.280-4 (see attached)). The associated North American Industry Classification System code (NAICS) is 541620, Environmental Consulting Services, and the size standard is $15 Mil.
Statement of Work for Three (3) Separate Environmental Assessments and Associated Documents Covering Re-Approval of Three (3) Separate Invalidated Oil and Gas Leases by the BIA, Pawnee Agency
CLIN 00010 and Price Schedule
Depending on the availability of funds, the Government may award all items listed above or the assessments/plans which are a priority to the
BIA, Branch of Natural Resources.
Allotment 696 1@$_______________________
Allotment M 667 1@$_______________________
Allotment M 669 A1@$_______________________
Background for contractor understanding of the current situation and need for NEPA documents:
BIA, Pawnee Agency approved the three (3) subject leases in July of 2013 utilizing a categorical exclusion to comply with NEPA. An appeal was filed challenging the validity of the lease approvals, and a ruling was issued that Pawnee Agency did not properly comply with NEPA as categorical exclusions are not appropriate for lease approvals. The ruling invalidated the leases in May of 2018. Pawnee Agency must now comply with NEPA by acquiring Environmental Assessments (EAB?s) specific to each lease prior to our re-approval of those leases. This contract results in Pawnee Agency acquiring such EAB?s.
This contract requires the contractor to prepare and submit to the BIA, Pawnee Agency, three (3) separate NEPA documents which support re-approval of three (3) invalidated oil and gas leases that will encumber trust restricted Indian lands under the jurisdiction of the Pawnee Agency. Each lease will receive its own NEPA document, although consultations will be combined as described below. Each NEPA document will include an environmental assessment (EA), Section 106 of the ACHP consultation documents, and Section 7 of the ESA consultation documents including a biological assessment as necessary, as well as any other documents which are pertinent or required to comply with NEPA and its associated laws/regulations.
The consultations will be consolidated to cover all three (3) proposed lease re-approvals per consultation document, and any associated biological assessment will cover all three (3) proposed lease re-approvals as well. This is due to the close proximity of each proposed lease to each other.
The EAB?s should be as short and concise as possible (limited to 70 pages, not including appendices) and written in plain language. It is important to note BLM evaluated site specific actions concerning drilling, production, and other activities associated with oil and gas production, but those NEPA documents are the subject of pending litigation which challenges their sufficiency, appropriateness, completeness, and validity. It is also important to note that the three (3) proposed leases that are the subject of this contract have experienced no physical activity on the land as a result of the prior lease approvals, although they have been communitized with other leases in which physical activity has occurred.
The NEPA documents need to fully evaluate the effects of re-approving the three (3) leases as well as current site specific activities which occurred as a result of the lease approvals. Further, the EAB?s will include analysis related to the approved communitization agreements which were ultimately a result of the lease approvals.
The NEPA documents shall be prepared in accordance with:
- The National Environmental Policy Act of 1969,
- The Council on Environmental Quality, 40 CFR, Parts 1500-1508
- 43 CFR, Part 46
- 36 CFR Part 800
- The Endangered Species Act
- 50 CFR, Part 402
BIA, Pawnee Agency will make the contractor the official party responsible for section 106 and section 7 consolations via formal letters provided to the United States Fish and Wildlife service (USFWS), State Historic Preservation Office (SHPO), Oklahoma Archeological Survey (OAS) and the Pawnee Nation Tribal Historic Preservation Officer (THPO). Those letters will be issued within 2 weeks of the contract award or agreement date.
USFWS consultation will be coordinated with the Southwest Region, Oklahoma Ecological Services Field Office.
NHPA consultations will include the SHPO, OAS, and the THPO. They can be contacted at:
- State Historic Preservation Office
Oklahoma Historical Society
800 Nazih Zuhdi Drive
Oklahoma City, OK 73105
- Oklahoma Archeological Survey
111 E. Chesapeake
Norman OK 73019-5111
- Matt Reed, THPO
Pawnee Nation of Oklahoma B? Cultural Center
657 Harrison Street
Pawnee, OK 74058
All consultations will be incorporated into the EA and made a part thereof.
Within 90 days of the contract award or agreement date, the contractor will submit to BIA, Pawnee Agency, a draft EA for each lease approval and allow 2 weeks for the BIA, Pawnee Agency, to provide a response and recommendation prior to completing and submitting the final EAB?s. The draft EAB?s shall include proper documentation of the section 106 and section 7 consultations, and include all correspondence with regard to those consultations. The final EAB?s will be submitted within 3 weeks of receiving comments to the draft EAB?s from the BIA, Pawnee Agency. The formats of the submitted final EAB?s are: 2 hard copies, 1 PDF, and all Microsoft Word documents available. The electronic formats will be submitted to Jeremy.lovekamp@bia.gov.
Travel to the locations may be required to determine the activities which have occurred on adjacent/surrounding lands as a result of approving the three (3) invalidated leases. (The physical activity is likely an indirect effect and is tied to the leases that may be re-approved though communitization.) BIA, Pawnee Agency staff will attend during the site visits upon request of the contractor. The contractor is authorized to enter onto the trust properties under the jurisdiction of the Pawnee Agency, but shall carry a copy of this contract/agreement on them at all times.
All work must be completed by November 15, 2019, or the earlier established time frame based upon the contract agreement/approval date.
Attachments:
(1) Statement of Work
- (2) Invalidated Oil and Gas Lease 812 0000012625
- (2) Invalidated Oil and Gas Lease 812 0000012652
- (2) Invalidated Oil and Gas Lease 812 0000012656
- (3) Double R 9 #1-4 MH APD (Application for Permit to Drill)
- (4) Gertie # 3-33MH APD (Application for Permit to Drill)
- (5) BLMB?s EA Specific to the Double R 9 APD
- (6) BLMB?s EA Specific to the Gertie APD
- (7) Onshore Energy and Mineral Lease Management Interagency SOP (Pages A-i B? A-33 are applicable)
- (8) Map of BIA, Pawnee Agency Jurisdiction
- (9) 25 CFR 211 and 212
- (10) O&G Landowner Notice Supplement
- (11) Memorandum Dated 8/6/2018 on Additional Guidance on EAB?s
- (12) Map of Lease Statuses Dated November 2018.
- (13) CA OKNM 135455
- (14) CA OKNM 135475
PROVISION FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS, applies to this acquisition.
FAR 52.212-2 - EVALUATION - COMMERCIAL ITEMS
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical Capability to perform services to meet the BIA's requirements and submit documentation to verify
(ii) Past Performance
1. Past performance contact information for minimum of two references for which work was conducted which was similar in scope, magnitude and complexity to the requirements described in this solicitation with whom you have had a continuous working relationship for not less than two years, within the last five (5) years.:
a. Company Name
b. Company Address
c. Company Point of Contact Name
d. Contact Phone Number and E-mail Address
e. Description of Services/Price
f. Period of Performance
g. If applicable, explanation of any problems or delays encountered.
(iii) Price
1. Price will be evaluated in order to determine if it is reasonable in accordance with FAR Parts 13.106-3 and 15.402(a)(2). Offers should be sufficiently detailed to demonstrate their reasonableness.
Technical Capability and Past Performance, when combined, are equal to price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, emailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEM
All terms and conditions identified under this FAR Clause are applicable to this Request for Quotation.
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS and FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION)(NOV 2017), applies to this acquisition. The clauses cited within this clause as indicated below are applicable: 52.203-19, 52.204-10, 52.204-23, 52.209-6, 52.209-10, 52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-18, 52.225-13, 52.232-33, 52.233-3, 52.233-4 and 52.242-5.
FAR Clauses incorporated by reference: 52.204-7, 52.204-13, 52.204-16, 52.204-17, 52.204-18, 52.204-20, 52.222-22, 52.222-25, 52.225-25, 52.232-1, 52.232-16, 52.232-16 Alt I, 52.232-17, 52.232-25, 52.232-39, 52.232-40, 52.233-1, 52.237-1, 52.237-2, 52.243-1, 52.246-4, 52.249-4, 52.249-8, 52.252-1, and 52.252-2.
1452.226-70 Indian Preference (APR 1984)
1452.280-1 Notice of Indian small business economic enterprise set-aside (JUL 2013)
1452.280-3 Subcontracting limitations (JUL 2013)
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted to the COR prior to submitting an IPP invoice:
A copy of the Contractor's official company invoice that has already been reviewed and approved by the COR outside of IPP and prior to creating the IPP invoice
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
OMB MEMORANDUM M-11-32 Accelerating Payments to Small Businesses for Goods and Services
This policy requires agencies to accelerate payment to small business prime contractors to the full extent permitted by law with the goal of making payment within 15 days of receipt of a proper invoice. In return, prime contractors are expected to accelerate payment to small business subcontractors when they receive accelerated payments from the Government.
All questions shall be submitted via email to Sara Watkins at sara.watkins@bia.gov. Please reference solicitation number 140A0318Q0113 in the subject line of the email. All questions shall be submitted by 24 May 2019. Proposals are due on Thursday, 30 May 2019 at 12:00 pm (CDT). Proposals may be sent via email to sara.watkins@bia.gov. Proposals shall be good for 30 calendar days after close of RFQ.
PROPOSAL SUBMISSION INFORMATION: Offer submissions must include the following items and in the following order:
1. Cover letter
2. Documentation supporting the Contractor's ability to complete the project and include list and resumes of personnel who will be assigned the project
3. Proposed work schedule and timeline
4. Pricing schedule associated with each phase as listed above
5. Sections 17a, 23, 24, 30a, 30b, and 30c completed per the attached SF 1449 document (include DUNS number)
6. Hardware, software and other equipment to be used in project implementation
7. Completed Indian Owned Economic Enterprise Representation (attached)
Offerors should check the FedBizOpps/FedConnect websites often for any solicitation amendments.
This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award.
Watkins, Sara
