**STATEMENT OF WORK**

**TITLE:** Federal Facilities Inspection Project

**PERIOD OF PERFORMANCE:** CO effective date through December 31, 2008

**EPA Contract Officer Representative (COR)**

Lance Elson (mail code: 2261A)

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

202-564-2577; FAX: 202-501-0069

**BACKGROUND**

The Federal Facilities Enforcement Office (FFEO) developed the Federal
Facilities Inspection Initiative (FFII or "Initiative") in FY2000 to
provide support to the Regions when performing inspections at Federal
facilities. FFEO has continued the Initiative since FY2000 and will
again for FY2008. The main component of the Initiative is to provide
participating Regions with an expert contract inspector who can assist
the Region with most of the steps of performing compliance evaluation
inspections at a Federal facility that meet various selection criteria.
While regional participation is still required, the many tasks that can
be performed by the contractor provide substantial resource savings to
the Regions, often making it possible for the Region to commit to doing
the inspection. A key feature of the Initiative is the assignment of one
contract inspector, qualified in all major media that can assist with
the inspection from the start to the finish, performing components of
the inspection that the region needs. Prior experience has taught us
that having one contractor assisting in this way (in most cases)
provides for the highest quality of support. Another key component of
the Initiative is having flexibility to meet the differing needs of 10
different Regions. Since the Initiative assists the Regions while
performing a regional inspection, it is important that we are able to
fit within the Region's own style of performing inspections, while at
the same time, working within the framework of key national goals and
priorities.

**PURPOSE AND OBJECTIVE**

The primary purpose of this WA is to continue to provide full compliance
evaluation inspection (CEI) assistance for EPA regional inspections at
selected Federal facilities to determine their compliance under various
media requirements.

**SCOPE OF WORK**

The contractor shall provide technical support to the Office of
Enforcement and Compliance Assurance (OECA), The Federal Facilities
Enforcement Office (FFEO), the EPA Regions, and other offices or
organizations designated by EPA to conduct CEIs. The Contractor shall
provide multi-disciplinary and multi-media support in the performance of
reconnaissance, single media, multimedia, multimedia screening and
focused sweep compliance inspections and evaluations. All inspections
shall follow the requirements listed in the "Inspection Components"
section below. The specific facilities and dates for the inspections
will be determined later, based on technical direction (TD) from the
Contracting Officer Representative (COR). Most inspections will require
one contract inspector for approximately one week-long trips with
detailed inspection duration determined in advance by the COR's TD for
that particular inspection. The contract inspector shall assist with the
planning and performance of the inspection and provide a draft
inspection report to EPA that contains any and all findings for final
determination of the facility's compliance. Technical direction from the
COR will be provided on an on-going basis for inspection dates and
schedules. At some of the inspections, the Contractor shall be required
to assist the region with a particular media portion while the region is
performing a multimedia inspection; i.e., a fill-in approach. General
day-to-day communications between COR and contract inspector will be by
telephone. Technical direction will be provided by e-mail to the
contract inspector with a "cc" to the EPA Contracting Officer (CO), and
EPA Project Officer.

**Special Contractor Requirements for Inspections**

The contract inspector shall have a substantial knowledge base and
inspection experience for all of the media to be inspected at a
particular facility (see below). In addition, the contract inspector
shall have extensive experience inspecting Federal facilities and an
understanding of their unique features. The Contractor shall be subject
matter qualified for the media being inspected and should be able to
perform single and multimedia type inspections as well as process-based
inspections as required. The Contractor shall have completed health and
safety training. The inspections may cover any or all of the following
media areas for which the contractor must be subject matter qualified:

RCRA: compliance with UST requirements, compliance with hazardous waste
generation, treatment, storage and disposal requirements

CAA: analysis of Title V permit requirements (compliance certification)
and compliance with Title VI (CFC) requirements

Clean Water Act (CWA): compliance with NPDES permit requirements and
compliance with storm water requirements

SDWA: compliance with drinking water systems and Underground Injection
Control (UIC) requirements

Oil Pollution Act (OPA): compliance with Spill Prevention Control and
Countermeasure (SPCC) requirements

Emergency Planning and Community Right-to-Know Act (EPCRA): 313 &
non-313

Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)

**Inspection Planning Process**

The COR will organize an inspection team that will be responsible for
planning and/or performing the planned inspection. This inspection team
will, at a minimum, include the contract inspector assigned for the
inspection, the COR, the lead EPA inspector/official, and the Federal
Facilities Program Manager. In addition, the team may include a State
inspector or representative, the appropriate FFEO Regional Coordinator,
Region media/program reps, the regional multimedia coordinator, as well
as other EPA staff as deemed appropriate by the COR. COR will schedule
an inspection planning conference call for the inspection team to
discuss the parameters and intent of the inspection. COR will provide
Contractor and inspection team with notice of this conference call via
e-mail.

During the conference call, the inspection team will go over the plans
for the inspection. The purpose of this initial call is to identify all
information known about the facility and determine the additional
informational needed to prepare for the inspection. Discussions should
center on compliance, permit and enforcement information, results from
previous inspections by State &/or EPA inspectors, consideration of
industrial processes used at the facility, areas of focus, as well as
any additional relevant information that team members can provide. In
addition, the team will agree on a date for the inspection and determine
if it will be an announced or unannounced inspection. For announced
inspections, the team will determine appropriate advance notice time.

After the conference call, the Contractor shall gather and organize the
information identified by the team into a pre-inspection document. This
document should include information regarding the facility from Internet
research and EPA databases, issues of concern, facility points of
contacts (POCs) if known, areas of inspection focus, a brief history of
the facility's operations, availability of permits, plans, etc., and
logistical information regarding size of facility, location, directions,
etc,. The document should also include the identification of any special
environmental concerns/focus areas, team member names with phone numbers
and e-mail addresses, and the inspection agenda w/ estimated time frames
(pre-meeting, in-brief, inspection, exit-briefing, etc.).

Based on the additional informational needs identified during the call,
the Contractor may be tasked to collect, review, and evaluate
appropriate information on the media to be inspected at the facility in
coordination with the inspection team. This may include gathering
compliance, permit and enforcement data from national and state
databases, interviewing state and EPA inspectors that may have
previously investigated the facility and examining industrial processes
used at the facility. If faced with copious amounts of documents, the
Contractor should[, whenever possible,]{.mark} review such documents at
the inspection site or bring such documents to the site for review
during the inspection.

Contractor shall have ten (10) working days to prepare the
pre-inspection document and provide it to the inspection team for
review. This document is not intended to be a formal document but rather
a guide to performing a thorough inspection. The focus should be on
substance. This document shall be e-mailed to all team members. The
Contractor should spend no more than sixteen (16) hours preparing the
document, unless additional hours are approved by technical direction
from COR.

Approximately one (1) week prior to the scheduled inspection, a final
conference call will be held with the inspection team to go through the
pre-inspection document and make final arrangements for the inspection.

For announced inspections, EPA shall initiate contact with the facility
representatives. In some cases, the Contractor may be asked to follow
through and communicate with the facility contact(s) at the facility but
only after the COR or lead EPA inspector has notified the facility reps
that the Contractor will be doing so. The purpose of this follow up
would be to gather additional available information (compliance, permit,
etc.) and to set up the logistics of the inspection (directions, meeting
time & place, etc.).

**Field Inspection Assistance**

The Contractor shall travel to the site and assist EPA representative(s)
with the inspection. If schedules allow, a pre-meeting the morning of
the first day of the inspection with the inspection team should occur,
as well as inspection team meetings at the end of each day to review
findings. The Contractor shall attempt to arrange these meetings.

The Contractor shall inform the facility personnel that as part of the
inspection, photographs of the facility may be taken. If they have an
issue with this, defer the issue to the EPA lead inspector or COR.

Contractor shall assist the lead EPA inspector with all aspects of
inspection including: reviewing documents, visual inspection of
facilities, photographing for documentation, etc. The Contractor shall
review all appropriate documentation and make copies of documents as
requested from the lead EPA inspector, always maintaining chain of
custody.

The Contractor shall take photographs as directed using a traditional 35
mm camera or digital camera. Print photographs should be scanned onto a
CD for digital storing and reprints.

For multi-media inspections (MMI) in which the contract inspector is
assisting with all media being reviewed, if during the inspection the
Contractor discovers apparent violations in non-targeted media, the
Contractor shall inform the lead EPA inspector of this finding.

For MMI in which the contract inspector is not assisting with all media
being reviewed, the Contractor will only be responsible for preparing,
inspecting and reporting on the media agreed to. Regional personnel will
be responsible for the other media.

**Inspection Report Development**

If requested by the COR, the Contractor shall arrange for all of the
inspection team to meet (or teleconference) as soon as possible
following the inspection to go over the findings from the inspection.

After such meeting, but within fifteen (15) working days of the
completion of the inspection, the Contractor shall prepare a draft
inspection report and submit it to the members of the inspection team
via e-mail for review and comment.

Inspection reports shall contain factual findings and observations.
Observations shall be detailed, objective, and defendable, telling a
factual story such that an individual reading the report would clearly
understand the status/operation of a particular regulated unit.

Inspection reports should contain the following:

> History of and details about the facility, including its functions and
> missions, its layout and operations, a description of its environment,
> etc.
>
> Description of out-briefings
>
> For each media inspected or screened, the following subsections:
>
> o a section on the current status of regulated units
>
> o applicability to laws and regulations
>
> o current permit status
>
> o compliance and enforcement history and status
>
> o description of all documents reviewed
>
> o findings from interviews detailing all regulated units, buildings,
> facilities, etc., inspected with findings and observations
>
> o any other inspection details, findings, results

\$ If the inspector assisted in an MMI, any apparent violations in
non-targeted media

\$ List of significant findings or potential violations

\$ All appropriate supportive documents including checklists used and
photos taken.

The inspection team will have ten (10) working days after receipt of the
draft inspection report to return any comments to the Contractor.

The Contractor shall provide a revised hard copy inspection report
(final draft) incorporating comments by the COR and lead inspector
within ten (10) working days of receipt of EPA comments to the
inspection team.

**DELIVERABLES REQUIRED AND SCHEDULE FOR COMPLETION OF TASKS**

COR will issue TD to clarify details of planned inspection. For most
inspections, all deliverables are essentially the same, as described in
"Inspection Components." Also, for most inspections the schedule of task
completion is essentially the same once the date of planned inspection
is determined. Therefore, the following table outlines the general
features of deliverables and schedules. Actual dates will be clarified
through TD.

  -------------------------------------- --------------------------------
  **INSPECTION DELIVERABLE**             **DUE DATE**

  Participate in initial planning        COR will notify via technical
  conference call                        direction

  Provide electronic pre-inspection      10 working days after conference
  protocol                               call

  Participate in pre-inspection          COR will notify via technical
  conference call                        direction

  Assist with the inspection             COR will provide inspection
                                         dates

  Provide draft inspection report via    15 working days of completion of
  E-mail                                 inspection

  Provide hard-copy revised inspection   10 working days of receipt of
  report                                 EPA comments
  -------------------------------------- --------------------------------

The Contractor shall notify the CO and EPA COR in writing when 85% of
the authorized work assignment LOE/labor hours have been expended.

**ANTICIPATED TRAVEL REQUIREMENTS**

The contractor will need to travel to the area nearby the planned
inspection location. Note: For sweep inspections, Contractor will likely
have to do some local car traveling between facilities. Notice is
provided during the normal inspection planning process.

**ESTIMATED LEVEL OF EFFORT (HOURS)**

The estimated total level of effort requirement for this entire period
through September 30, 2009 is hours and shall be fully funded.

**CONTRACTOR IDENTIFICATION/CREDENTIALS/SENSITIVE INFORMATION**

To avoid any perception that contractor personnel are EPA employees, the
contractor shall assure that contractor personnel are clearly identified
as independent contractors of EPA when attending meetings with outside
parties or visiting field sites. Contractor employees who conduct lead
inspections on behalf of the Environmental Protection Agency (EPA) under
this SOW must complete the following EPA Training Program requirements
as specified in Item 4 of Executive Order 3500.1. These are the: a)
Basic Inspector Training; b) Occupational Health and Safety Training;
and c) Program Specific Training. Authorization letter will be issued to
the Contractor staff by the COR Program Office Director. The Contractor
shall present the authorization letter at the time of the facility or
site inspection with their proper identification as the EPA contractor
of this contract. See section H.31 "Inspector Training Requirements."
The contractor recognizes that contractor employees in performing tasks
specified by this WA may have access to data/information, either
provided by the government or first generated during contract
performance, of enforcement sensitive nature which should not be
released to the public without Environmental Protection Agency (EPA)
approval. Enforcement sensitive refers to records or information
compiled for law enforcement purposes (whether administrative, civil or
criminal), the disclosure of which could reasonably be expected to
interfere with the enforcement action. It is imperative that all
contractor personnel, including but not limited to, subcontractor and
consultant personnel assigned to work on this contract and/or WA, or
with access to materials developed pursuant to such efforts, understand
that this information is confidential and any disclosure or misuse of
the information may result in prosecution to the fullest extend of the
law. All contractor personnel are expected to exercise due diligence in
safeguarding, handling or disposing of any such information.

**EVALUATION CRITERIA**

The contract inspector(s) for this project should meet the following
criteria:

> The candidate must meet all lead inspector certification requirements
> of EPA Order 3500.1 for the following media:
>
> o RCRA (including UST)
>
> o CWA (including wastewater and stormwater)
>
> o SDWA
>
> o OPA
>
> o SPCC
>
> o EPCRA (including TRI).
>
> The inspector must have the ability to conduct an inspection on short
> notice in any of the media listed above.
>
> The inspector must be licensed as a professional engineer (PE).
>
> The inspector must have an established background and career
> conducting environmental inspections, assessments and/or audits in
> various sectors (industry, municipalities, federal agencies, etc.). An
> established background is having conducted at least 200 inspections,
> assessments, and/or audits.
>
> The inspector must have substantial career experience conducting
> single and multi-media inspections specifically in the federal
> facilities sector. The candidate must, at a minimum, have already
> conducted inspections at a minimum of 50 federal facilities.
>
> Inspector must be able to perform all of the tasks involved in a
> compliance evaluation inspection (CEI) including pre-planning, field
> work and report writing.
>
> The inspector must have a thorough understanding of federal facility
> compliance requirements in all major media programs (e.g. RCRA, CWA,
> SDWA, OPA).
>
> The inspector must have a thorough understanding of national security
> concerns, and the unique management, command and organizational
> operations at federal facilities.
>
> The inspector must have the ability to work cooperatively with
> Regional, Headquarter, State and Local regulators; and have an
> understanding of the jurisdictional dynamics between these different
> regulators.

**OVERALL PERFORMANCE OBJECTIVE**

EPA's objective is to provide full assistance for these planned
inspections. Since this project requires the CORs day-to-day involvement
and oversight of the contractor's work, the COR will be able to monitor
contractor's performance.

**PERFORMANCE MEASURES**

Performance measures are essentially all the requirements, tasks and
duties detailed above. Contractor's performance will be based on the
completion of these tasks.

**PERFORMANCE STANDARDS**

COR will monitor all of contractor's activities. Contractor shall
perform all the above detailed activities at a level of 100% unless WAM
waives a requirement. For example, contractor shall perform at a level
of 100% in terms of completing the inspection report on time and in
complete form. Meeting this standard would mean that contractor has
submitted a complete report within 30 days of inspection completion.