Notice of Intent to Sole Source - EPA LUST Enforcement Support

USACE intends to solicit the proposed contract action with Tellus Civic Science Corporation as a WOSB sole source under the authority of FAR 19.1506, using FAR 13 procedures. Interested persons may identify their interest and capability to respond to this requirement. This notice of intent is not a request for quotes; however, all information received after date of publication of this synopsis may be considered by the Government. Interested contractors shall respond to this notice by providing the following information.

1. Organization Name

2. Address

3. Point of Contact for information with telephone number and email address

4. Unique Entity ID and Cage Code

5. Capabilities information/statement showing that the organization has the ability and jurisdiction to fulfill the Government requirement. The contractor must be able to comply with all requirements described herein to be considered capable.

Description of Services:

The proposed contract action is to provide technical and administrative support for attorneys in the California State Water Board Office of Enforcement (OE) to pursue enforcement actions against recalcitrant responsible parties that fail to investigate or remediate Leaking Underground Storage Tank (LUST) cleanup sites. Support activities will include screening LUST cases to find candidates suitable for enforcement, communicating with regulators and responsible parties about the enforcement process, and creating work products to be reviewed by OE attorneys during the enforcement case development process. 

Period of Performance: The period of performance shall be 12 months from date of contract award.

Place of Performance:  The work to be performed under this contract will be performed primarily at State Water Board Offices in Sacramento, California. Select activities may also be conducted remotely, at project sites, at the contractor’s office, or at State Water Board offices in Santa Rosa, Oakland, San Luis Obispo, Los Angeles, Fresno, Redding, Rancho Cordova, South Lake Tahoe, Palm Desert, Santa Ana, or San Diego.

All work must be completed by or under the supervision of a Professional Geologist or Professional Civil or Petroleum Engineer registered in the state of California (California Business and Professions Code, Sections 7800-7887) with experience working on LUST cleanup sites in California.

Through April 2024, more than 96% (42,999 of 44,648) of LUST cleanup cases in California have been investigated, remediated (if necessary), and closed. Many of the cases that remain have responsible parties that are not motivated to meet LUST cleanup requirements. EPA Region 9 and the State of California have dedicated extra resources for the last several years to build a more robust LUST enforcement program, including the creation of two new attorney positions at the State Water Board, Office of Enforcement in 2021.

• The contractor shall have a geologist, environmental engineer, or environmental scientist support the efforts of State Water Board attorneys and other staff in the State Water Board, Office of Enforcement to prepare enforcement actions at LUST cases.
• The contractor geologist/environmental engineer/environmental scientist will serve as a liaison between EPA/State Water Board Division of Water Quality and the State Water Board Office of Enforcement attorneys.
• The contractor will review specific cases and provide recommendations about whether cases would be suitable for LUST enforcement. Reviews will consider the full suite of potentially responsible parties, their perceived resources based on publicly available information, the estimated costs of necessary site investigation and remediation, and the estimated benefits gained by not complying with LUST cleanup directive letters.
• The contractor will prepare several types of letters tailored to specific responsible parties. To elicit responses, letters will demonstrate knowledge of both site history and the responsible party or parties. Some letters will be for local agencies to use when directing responsible parties to complete site investigation, remediation, groundwater monitoring, or well destruction activities. Other letters will be for local agencies to use when notifying responsible parties that they are in violation of LUST cleanup requirements (e.g., because a deadline has passed). A third type of letter will be signed by Office of Enforcement attorneys, noting that local agencies have referred a case to the State Water Board, Office of Enforcement.
• The contractor will contact LUST case managers at local agencies by telephone and/or email to verify that enforceable directives, notices of violation, and Office of Enforcement referral letters have been successfully mailed and delivered—and to determine whether responsible parties have responded.
• The contractor will contact responsible parties by telephone and/or email to explain LUST cleanup requirements and the consequences of non-compliance. Similarly, the contractor will respond to inquiries from responsible parties that have received correspondence from the Office of Enforcement.

If no affirmative written response is received, the service contract will be awarded without further notice.  Award of this service contract will be based upon the possible responses to this notice, and is solely within the discretion of the Government. Detailed capabilities must be submitted to the following email address no later than 01:00 PM PST on November 19th, 2024 to  lisa.i.ip@usace.army.mil.