US Department of Commerce/National Oceanic and Atmospheric Administration (NOAA), PGAS, Procurement Operations Division, 1325 East West Highway, Station 4301, Silver Spring, MD 20910-3283

F -- NATURAL RESOURCE DAMAGE ASSESSMENT, RESTORATION PLANNING AND LITIGATION CASE MANAGEMENT SUPPORT SERVICES SOL 52-DSNC-6-90036 DUE 011696 POC Robert E. Ransom, Contracting Officer, (301) 713-3038 x191 The National Oceanic and Atmospheric Administration (NOAA) is contemplating the release of a procurement for natural resource damage assessment and restoration support services. In order to explain the program and scope of the solicitation, the following background is provided: The Under Secretary for Oceans and Atmosphere acts on behalf of the Secretary of Commerce as a Federal trustee for natural resources under authorities provided by: the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Clean Water Act (CWA); the Oil Pollution Act (OPA); and Title III of the National Marine Sanctuaries Act (NMSA). Sections 107(f) of CERCLA and 1002 (b) (2) (A) of OPA authorize designated trustees to act for the public to recover damages for natural resources that are injured, destroyed, or lost as the result of releases of hazardous substances or discharges of oil. Section 312 of NMSA authorizes the Under Secretary to claim damages against persons who destroy, cause the loss of, or injure natural resources in National Marine Sanctuaries. Damages recovered under these acts must be used to restore, replace, or acquire the equivalent of the injured resources. Trustees may also recover the reasonable costs of assessing damages. The natural resources for which the Under Secretary serves as a Federal trustee include all life stages, wherever they occur, of fishery resources of the exclusive economic zone and continental shelf; anadromous and catadromous species throughout their ranges; endangered and threatened species and marine mammals for which the NOAA is responsible; tidal wetlands and other ecosystems supporting these living marine resources; and resources of National Marine Sanctuaries. For resources in coastal waters and anadromous fish streams, the Under Secretary may be a co-trustee with the Secretary of the Interior, the Secretaries of other Federal land managing agencies, and with designated state and possibly Indian tribal trustees. To determine the ollar amount to be claimed from the party(ies) potentially responsible for the injury to natural resources, trustees may conduct a damage assessment. Guidance for damage assessments under CERCLA are provided in Federal regulations (43 CFR Part 11), and for damage assessments under OPA in proposed regulations published at 60 Federal Register 39804 (August 3, 1995) to be codified at 15 CFR Part 990. NOAA has established a Damage Assessment and Restoration Program (DARP) to implement its trustee responsibilities. DARP is made up of three components, the Damage Assessment Center, the Restoration Center, and the Office of General Counsel. The Damage Assessment Center (DAC) is the component of DARP that is responsible for assessing injuries and damages. DAC is also the component responsible for administering this procurement. The program is professionally staffed with a contingent of scientists and economists. However, contracted services, including the use of recognized experts, may periodically be required to augment the program's efforts. Accordingly, DAC is contemplating acquiring supplemental expertise in natural resource damage assessment, litigation case management and restoration planning. Requirements will include (1) developing appropriate methods for documenting injury, (2) implementing a plan for documenting injury in a litigious environment, including the identification and utilization of experts as needed, (3) acting as overall case manager responsible for the successful completion of various scientific and economic damage assessments, and (4) planning restorations. The purpose of this presolicitation notice is to provide advanced notification of this potential requirement. A Request For Proposal (RFP) is not presently available. Interested sources may request a copy of the RFP, which will be sent out when it is available. It is anticipated that the RFP will be made available in late January 1996. All responsible sources may submit an offer which will be considered by this Agency. (0347)

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