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COMMERCE BUSINESS DAILY ISSUE OF NOVEMBER 22,1999 PSA#2480

U.S. Department of Commerce/National Oceanic and Atmospheric Administration/OFA/AGFS/AMD -- OFA51, 1305 East West Highway -- Station 7604, Silver Spring, Maryland 20910

B -- EVALUATION OF VOLUNTARY CLEANUP PROGRAMS SOL NC-NR3000-0-00093 DUE 120799 POC Robert McNamara, Contract Specialist (301) 713-3038 x181 E-MAIL: click here to contact the contract specialist via, robert.mcnamara@noaa.gov. The National Oceanic and Atmospheric Administration's (NOAA) Damage Assessment Center (DAC) intends to solicit the Environmental Law Institute of Washington, DC on an other than full and open competition basis for contractual support services to evaluate the practical aspects and issues of voluntary cleanup programs and projects in an effort to determine the viability of a cooperative restoration partnership initiative. Specifically, assistance is needed to identify and evaluate the most appropriate voluntary cleanup or other relevant programs relative to their infrastructural components, project management process, novel approaches/procedures/methods and incentives as they may benefit NOAA's initiative to establish a cooperative restoration partnership program. To accomplish these objectives, DAC requires expertise that: (1) has extensive knowledge and experience in the issues associated with implementing of multiple voluntary programs and projects, particularly state voluntary cleanup efforts sufficient to identify successful strategies/methods; (2) has a fundamental understanding of the natural resource damage assessment (NRDA) laws and regulations, i.e., specifically, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA); and (3) has knowledge of the Damage Assessment and Restoration Program (DARP) and the Office of Response and Restoration's (OR&R) missions, the agencies tasked under NOAA to protect and restore NOAA trust resources in coastal and marine waters. The Environmental Law Institute (ELI) is knowledgeable and experienced in the areas outlined above and, pursuant to 41 U.S.C. 253(c)(1), is uniquely qualified to carry out the proposed effort as provided under the accompanying Statement of Work (SOW). Since 1969, ELI has worked to shape the fields of environmental policy, law, and management, domestically and abroad by researching environmental problems, educating citizens and professionals about the nature of these issues, and convening all sectors in forging effective solutions. ELI is a recognized leader in the field of state and federal environmental programs, with three decades of experience working with state and federal environmental and natural resource agencies to research, identify, analyze, and assist such agencies to improve their programs for protecting the environment and natural resources. ELI has conducted numerous studies of voluntary programs (including cleanup and compliance programs) operated by state and federal agencies, including those of EPA, OSHA, and state agencies. Most specifically, ELI has researched state hazardous substance cleanup programs, including voluntary cleanup programs, in a series of reports that are recognized by state agencies, legislatures, EPA, non-governmental organizations and Congress as the leading source of objective, reliable information about state cleanup programs. ELI's "uniqueness" relative to this requirement is based, in part, on its Center for State, Local and Regional Environmental Programs ("State Center"). Specifically, the State Center operates a network exchange that provides a place for state staff to exchange information about programs that are successful and that other states may want to emulate (see Exhibit B for a description of the State Center). ELI serves as a moderator or facilitator for this network function of the State Center. In the context of compliance and enforcement programs, this exchange is private and protected from disclosure to people not involved in the programs. This State Center makes ELI "uniquely" qualified to investigate aspects of state voluntary cleanup programs that may be confidential or sensitive in nature because of its history of maintaining state confidentiality where necessary. State environmental program staff recognize ELI as a trustworthy organization and are willing to share information with ELI exclusively because they know that it will be analyzed and reported objectively. Further, ELI has a "unique" database that contains the most extensive and comprehensive information available from a single source on the characteristics, capabilities and accomplishments of state voluntary cleanup programs. As the creator and manager of the database, ELI is uniquely qualified to understand and make use of the information contained in it. The collection of information in this database is not known to exist anywhere else, and will facilitate the efficiency and effectiveness of research into aspects of state voluntary cleanup programs. A competitive solicitation is not available. This action is subject to the availability of funds. Award is contemplated in January 2000. Responses to this announcement shall be submitted in writing no later than the date identified in block 10, and clearly demonstrate knowledge and expertise in each of the qualification requirements identified above. All responsible sources may submit an offer that will be considered. See Numbered Note 22. Posted 11/18/99 (W-SN401893). (0322)

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