89603026Q0062.pdf

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Consulting Flood Hydrologist Services for the U. S. Federal Energy Regulatory Commission
Solicitation number
89603026Q0062
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This is a Request for Quotation (RFQ) for Flood Hydrologist Consultant Services to support the Federal Energy Regulatory Commission (FERC), Office of Energy Projects, Division of Dam Safety. The solicitation number is 89603026Q0062, with an offer due date of September 7, 2025, at 10:00 AM Eastern Time. The contract will be awarded as a Labor Hour (LH) type with Cost Reimbursement for Other Direct Costs-Travel (ODCs), consisting of one 12-month base period beginning September 30, 2026, and four optional 12-month extension periods for a potential five-year contract life. The estimated total contract value is $19 million.

The government seeks a flood hydrologist with a Master's degree in hydrology or civil engineering and at least 20 years of experience in dam safety-related flood hydrology. The contractor must perform in-depth reviews of watershed hydrologic modeling, Probable Maximum Precipitation (PMP) and Probable Maximum Flood (PMF) analyses, probabilistic flood frequency methods, regional frequency analyses, climate change impact assessments, and other flood hydrology analyses. Typical work includes reviewing licensee submissions and federal reports, attending Board of Consultants meetings, providing expert advice to FERC staff, reviewing proposed scopes of work, preparing written reports with critiques and recommendations, developing technical white papers, and providing training to FERC staff. The government anticipates approximately 500 consulting hours per period of performance, though services could extend to 700 hours annually due to dam safety incidents or events. The procurement is unrestricted and not set aside for any special category. All questions must be submitted by August 27, 2026, at 12:00 PM EST, and quotes must be submitted electronically to Carol.Mays@ferc.gov. The NAICS code is 541620 (Environmental Consulting Services), with a small business size standard of $19.5 million. The contract is evaluated using a "Trade-Off" methodology based on evaluation criteria specified in the RFQ.

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PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

See SCHEDULE

89603026Q0062 08-18-2026

09-10-2026

10:00 AM EDT

00039

Federal Energy Regulatory Commission

Procurement Division

Attn: Kimberly Lewis

888 First Street, NE, Room 4J

Washington DC 20426

X

541620

$19 Million

N/A

X

00039

Federal Energy Regulatory Commission

Warehouse P-1

Attn: Kimberly Lewis

888 First Street, NE, Warehouse P-1

Washington DC 20426

00039

Federal Energy Regulatory Commission

Procurement Division

Attn: Kimberly Lewis

00039

Federal Energy Regulatory Commission

Division of Financial Services

Attn: Payment/Invoice

888 First Street, NE, Room 42-71

See CONTINUATION Page

The Federal Energy Regulatory Commission (FERC) invites all eligible and qualified vendors, who have a current and activ

System for Award Management (SAM) account to submit a quote for the referenced Request for Quote (RFQ) solicitation This RFQ is issued in in accordance with the procedures of FAR Part 12.6 prescribed by 41 U.S.C. 1906 and seeks qualified vendors to provide services as outlined in these solicitation documents.

The contract will be awarded as a Labor Hour (LH) with

Cost Reimbursement for Other Direct Costs-Travel (ODC’s) contract type, with an intended period of performance consisting of one (1) 12-month base period and four (4)

12-month option periods. The eligible NAICS code for this

RFQ is 541620.

See CONTINUATION Page

X X

CUI//PROCURE

SUBJECT* Flood Hydrologist Consultant for the U.S. Federal Energy Regulatory Commission (FERC)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 20426

SOLICITATION NUMBER* 89603026Q0062

RESPONSE DATE/TIME/ZONE 09-07-2026 10:00 AM EASTERN TIME, NEW YORK, USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE*

NAICS CODE* 541620

CONTRACTING OFFICE ADDRESS Federal Energy Regulatory Commission

Acquisition Services Division Attn: Carol Mays

POINT OF CONTACT*

See RFQ Carol Mays Carol.Mays@ferc.gov 202-502-6184

PLACE OF PERFORMANCE

ADDRESS See RFQ

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS Carol.Mays@ferc.gov

EMAIL DESCRIPTION

mailto:Carol.Mays@ferc.gov

DESCRIPTION

Flood Hydrologist Consultant Services for the U.S. Federal Energy Regulatory Commission (FERC)

RFQ #89603026Q0062

This is a combined synopsis/solicitation for commercial supplies/services prepared in accordance with the format in Subpart 12.6, using Simplified Acquisition Procedures under FAR Section 13.106, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation (SF1449) is issued.

The Government intends to procure Flood Hydrologist Consultant Services in support of the Office of Energy Projects (OEP), Division of Dam Safety for the U.S. Federal Energy Regulatory Commission (FERC). The Government is contemplating award in accordance with FAR Parts 12, 13.1 and 13.5.

The contract will be a Labor Hour (LH) with Cost Reimbursement for Other Direct Costs-Travel (ODC’s) contract type. The period of performance for this contract will consist of one 12-month base period and four 12-month option periods for a total contract life of five years.

The solicitation number is 89603026Q0062. The solicitation is issued as a Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through 2026-09, effective August 13, 2026.

This is NOT a small business set aside. The NAICS code for this procurement is 541620 – Environmental Consulting Services and the small business size standard is $19.5M. This procurement is solicited on an unrestricted basis.

This procurement is a new requirement. The objective of this contract is to acquire Contractor support to secure dam safety support services to assist FERC in carrying related activities in the Commission’s Dam Safety Program.

The combined synopsis solicitation contains the list of contract line-item numbers and items, quantities, and units of measure in the Cost/Price Schedule of the solicitation, for the base and option periods.

A more detailed description of requirements and period of performance dates are provided in the Price/Cost Schedule and in the attached Statement of Work (SOW). The FOB point and acceptance point for deliverables are destination (FERC Headquarters, 888 First Street NE, Washington DC 20426.)

The provisions at 52.212-1 Instructions to Offerors–Commercial Items, applies to this acquisition with its addendum.

The provision at 52.212-2 Evaluation–Commercial Items, applies to this acquisition with its addendum.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications– Commercial Items, with its quote. If the offeror’s annual representations and certifications are current in the U.S.

Government System for Award Management (SAM), the offeror may merely state that the offeror’s representations and certifications are available through SAM in lieu of submitting the annual representations and certifications as part of the offeror’s quote.

The clause 52.212-4 Contract Terms and Conditions–Commercial Items applies to this acquisition.

The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders–Commercial Items, applies to this acquisition; additional FAR and other clauses applicable to this acquisition are included in the attached solicitation document.

Defense Priorities and Allocation System (DPAS) does not apply to this acquisition.

Best Value will be determined using the “Trade-Off” methodology approach. Review of each quote received will be based on the criteria cited in this RFQ.

All Questions regarding this RFQ must be submitted via e-mail to Carol.Mays@ferc.gov.

Questions relating to this RFQ will be accepted no later than 12:00 PM Eastern Standard Time (EST) on Thursday, August 27, 2026.

All Quotes must be submitted in Electronic Format via email to Carol.Mays@ferc.gov no later than 10:00 AM, Eastern Standard Time (EST) on Monday, September 7, 2025.

The point of contact for this acquisition, all questions, correspondence, and quotes in reference to this RFQ shall be emailed to the following individual:

Name: Carol Mays Title: Contract Specialist Phone: (202) 502-6184 Email: Carol.Mays@ferc.gov

Failure to use the POC’s correct email address may result in non-reviewed emails. The offeror is responsible for ensuring that the POC is in receipt of EMAILED questions and quotes. The offeror is requested to cite the reference number and requirement title in the subject line of their email.

Please note that this request does not commit the government to pay any costs incurred in the submission of your offer, nor to contract for said services.

mailto:Carol.Mays@ferc.gov

89603026Q0062

Table of Contents

SECTION A ................................................................................................................. Error! Bookmark not defined.

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

.................................................................................................................... Error! Bookmark not defined.

RFQ #89603026Q0062

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

PRICE/COST SCHEDULE

ITEM INFORMATION

DELIVERY SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

C.3 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

C.4 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—

REPRESENTATION (NOV 2015)

C.5 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

C.6 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (JUN 2020)

C.7 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) ... 23

C.8 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2023) ALTERNATE I (NOV 2021)

ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services .. 34

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2026)

C.10 52.216-1 TYPE OF CONTRACT (APR 1984)

C.11 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.12 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.13 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.14 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL PROVISION

C.15 INVOICING--LOCAL PROVISION

C.16 DEAR 952.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2009) ALTERNATE I (AUG 2009) .. 43

C.17 DEAR 952.204-72 DISCLOSURE OF INFORMATION (APR 1994)

C.18 OBSERVANCE OF LEGAL HOLIDAYS AND CLOSURE OF FERC FACILITIES --LOCAL PROVISION

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND

DISCLOSURES (DEC 2023)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

89603026Q0062

E.5 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.6 RECORDS MANAGEMENT OBLIGATIONS

89603026Q0062 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

00001

1.00 EA __________________ __________________

Pre-Meeting Package Review

Contract Period: Base POP Begin: 09-30-2026 POP End: 09-29-2027

00002

Labor - Meetings (BOC/Other)

Contract Period: Base POP Begin: 09-30-2026

PRINCIPAL NAICS CODE: 541620 - Environmental Consulting Services

00003

Labor (Reports, Correspondence, Reviews, Etc.)

Contract Period: Base POP Begin: 09-30-2026

00004

Training - (Prep, Development, Conducting)

Contract Period: Base POP Begin: 09-30-2026

00005

Other Direct Costs (Travel, Printing, etc)

Contract Period: Base POP Begin: 09-30-2026

10001

Contract Period: Option 1 POP Begin: 09-30-2027 POP End: 09-29-2028

10002

Contract Period: Base POP Begin: 09-30-2027

10003

Contract Period: Option 1 POP Begin: 09-30-2027

10004

Contract Period: Option 1 POP Begin: 09-30-2027

20001

Contract Period: Option 2 POP Begin: 09-30-2028 POP End: 09-29-2029

20002

Contract Period: Option 2

POP Begin: 09-30-2028

20003

Contract Period: Option 2 POP Begin: 09-30-2028

20004

Contract Period: Option 2 POP Begin: 09-30-2028

30001

Contract Period: Option 3 POP Begin: 09-30-2029 POP End: 09-29-2030

30002

Contract Period: Option 3 POP Begin: 09-30-2029

30003

Contract Period: Option 3 POP Begin: 09-30-2029

30004

Contract Period: Option 3 POP Begin: 09-30-2029

40001

Contract Period: Option 4 POP Begin: 09-30-2030 POP End: 09-29-2031

40002

Contract Period: Option 4 POP Begin: 09-30-2030

40003

Contract Period: Option 4 POP Begin: 09-30-2030

40004

Contract Period: Option 4 POP Begin: 09-30-2030

GRAND TOTAL __________________

DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

00001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE Washington, DC 20426

USA

1.00

MARK FOR: 202-208-0200

00002 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

00003 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

00004 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

00005 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

10001 SHIP TO: Federal Energy Regulatory Comm

Attn: P-1 Warehouse 888 First Street NE

10002 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

10003 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

10004 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

20001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

20002 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

20003 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

20004 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

30001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

30002 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

30003 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

MARK FOR: 202-208-0200

30004 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

40001 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

40002 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

40003 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

40004 SHIP TO: Federal Energy Regulatory Comm Attn: P-1 Warehouse 888 First Street NE

89603026Q0062 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C. CONSULTING FLOOD HYDROLOGIST SERVICES

STATEMENT OF WORK

1.0 BACKGROUND

1.1 The Federal Energy Regulatory Commission (FERC or Commission) is an independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects.

1.2 The Office of Energy Projects facilitates potential benefits to the nation through the review of natural gas and hydropower infrastructure proposals and minimize risks to the public associated with FERC jurisdictional energy infrastructure. The Office focuses on project siting and development; balancing environmental and other concerns; ensuring compliance; and safeguarding the public.

1.3 The Division of Dam Safety and Inspections carries out all activities related to the Commission’s dam safety program. Before projects are constructed, Commission engineers review the designs, plans, and specifications of dams, powerhouses, and other structures. During construction, and throughout the life of a project, engineers inspect projects as appropriate. The Division is also responsible for reviewing independent consultant reports, working with licensees and exemptees on developing and testing emergency action plans, preparing engineering guidelines, and collaborating with other agencies and industry staff.

2.0 OBJECTIVE

The agency seeks flood hydrologist consulting services for the purpose of performing in-depth reviewing/performing:

• Watershed hydrologic modeling and associated uncertainties;

• Probabilistic methods in estimating hydrologic hazard curves, including stochastic event flood modeling methods;

• Site Specific, Statewide/Regional and Hydrometeorological Reports (HMRs) based Probable Maximum Precipitation (PMP) and Probable Maximum Flood (PMF) analyses;

• Regional frequency analysis to derive Annual Exceedance Probability (AEP) of the precipitation and flood;

• Climate change impact analyses on extreme precipitation using Shared Socioeconomic Pathways (SSP) data and/or NASA

Earth Exchange Global Daily Downscaled Projections; and

• Other flood hydrology-related analyses for dam safety.

3.0 SCOPE OF SERVICES

Contractor shall provide flood hydrology consulting services as it relates to the Commission’s dam safety program and jurisdictional hydropower infrastructure. The government anticipates approximately 500 consulting hours. The government, based on historical data and the government’s anticipated need for each option period, has estimated 500 hours per period of performance. However, it is possible that the services could be up to 700 hours/year because of the occurrence of dam safety incidents or events.

Typical work efforts associated with the effort include but are not limited to:

• Review of submitted analyses, including digital files, prepared by Licensees or their consultants.

• Review of published data or reports from federal, state and local sources.

• Attendance at Board of Consultants meetings and project meetings.

• Provide expert advice to FERC staff on complex flood hydrology issues.

• Review proposed scopes of work developed by Licensees or their consultants for consistency with the FERC guidelines and state-of-the-practice procedures.

• Preparation of written reports as directed, with critiques, conclusions and recommendations.

• Review and comment on correspondence or other communications to Licensees prepared by FERC staff.

• Develop technical whitepapers to assist dam safety staff in reviewing/resolving complex technical topics

• Provide technical topic training to FERC staff

4.0 DESCRIPTION OF REQUIREMENTS

4.1 Contractor shall review all elements related to flood hydrology analysis related to dam safety including the review of watershed modeling, PMP/PMF evaluations, flood and precipitation frequency analyses, and climate change impact assessments.

Including, but not limited to review of any associated numerical models that are developed or used to support the findings.

4.2 Contractor shall perform a technical review of and analyze Commission produced flood hydrology related documents to include policy, plans, guidance, methodology, letters, and reports. Contractor shall provide comments and recommendations in emails or other written work products as outlined in the Deliverables Section.

4.3 Contractor shall develop flood hydrology related white papers that provide guidance, methodologies, and supporting analysis to assist dam safety staff in reviewing/resolving complex technical topics.

4.4 Contractor shall serve as an advisor and flood hydrology subject matter expert to provide comments, observations, input, and recommendations relative to potential failure modes and risk estimates. Contractor shall that addresses the key topics and outcomes from the review of written documents or discussed during meetings.

4.5 Contractor shall attend FERC hydropower project meetings and provide comments, observations, input, and recommendations to flood hydrology items. Contractor shall prepare written material that addresses the key topics and outcomes discussed during meetings.

4.6 Contractor shall, as determined by the Director, attend Board meetings review of Board of Consultants reports and provide written findings and conclusions in a final Board report.

4.7 Contractor shall coordinate with the FERC Division’s Hydrology and Hydraulics (H&H) Technical Resource Group (TRG) to identify, develop, and provide training to internal staff on flood hydrology topics related to the dam safety program.

4.8 The Contracting Officer’s Representative (COR) shall provide a list of projects requiring flood hydrology services as the projects become available.

4.8.1 Contractor shall prepare an Implementation Plan (IP) and cost estimate for each project assigned to Contractor.

4.8.2 The IP shall include at a minimum:

• A description of the methods for use in planning, managing, controlling and reporting on task elements;

• A description of the technical approach to be followed for each task;

• A description of how tasks shall be scheduled; and

• The deliverables.

4.8.3 The IP shall include a delivery schedule consistent with the time frames noted below or elsewhere in this SOW and shall identify when the actions shall take place or deliverables shall be provided:

Implementation Plan (IP) Elements Schedule

Review project history, design report, and provide IP 3 weeks

Collaborate on FERC review memo and response letter 2 weeks

Attend site visit and project review meeting 3 days

Prepare review memo documenting inspection and providing comments 2 weeks

Review licensee’s response to comments and provide input into FERC response

2 weeks

Review final plans and specifications and provide comments via letter 2 weeks

Attend meetings and prepare review memos 1 week

Review final evaluation report and provide final review memo 2 weeks

Monthly status reports monthly

4.8.4 The cost estimate shall identify the estimated cost for the project. The cost estimate shall include:

• The number of consulting hours;

• The fully-burdened labor rates; and

• Travel costs, (if applicable).

4.8.5 Upon review and approval of the IP and cost estimate the COR will authorize Contractor to proceed with work related to the specific project. Contractor shall not proceed with work or otherwise incur cost related to a specific project

(other than preparation and submission of the IP and cost estimate) until Contractor is authorized in writing by the

COR proceed with work.

Note: Section 4 requirements are the typical for projects assigned to Contractor. Some requirements may not apply to individual projects. The final evaluation report shall include Contractor’s technical review, recommendations, and conclusions for the project.

5.0 APPLICABLE DOCUMENTS

Project related information such as engineering reports, dam safety inspection reports, and related correspondence may be filed with FERC under a CEII classification in FERC’s eLibrary System. Upon submission and approval of the OCI and CEII NDA certifications FERC shall provide Contractor access to the necessary engineering reports and correspondence. The COR may provide additional materials upon request and/or may direct Contractor to obtain materials directly from the subject

Licensee.

6.0 KEY PERSONNEL

Key Personnel must possess the following:

• Master’s degree in hydrology or civil engineering with an emphasis in hydrology.

• At least 20 years academic and experience in flood hydrology as it relates to dam safety projects.

Knowledge and understanding of:

o Watershed hydrological modeling o Probabilistic methods in estimating hydrologic hazard curves, including stochastic event flood modeling methods o Demonstrated understanding of the assumptions, methods of analysis and results in the

Hydrometeorological Reports (HMR) by the National Weather Service and the Manual on

Estimation of PMP by the World Meteorological Organization (WMO), Site Specific or

Statewide PMP development approaches; and o Demonstrated ability to critically review or independently develop statistical analyses including precipitation-frequency and flood flow frequency relationships to estimate the AEP’s of extreme precipitation events, extending in magnitude to the PMP/PMF.

o Statistical methods, including regional frequency analysis, for estimating precipitation and runoff analyses.

o Climate Change impact assessment data / analyses o Demonstrated ability to develop and provide technical training to FERC staff

• Knowledge of FERC’s Engineering Guidelines for Dam Safety Those guidelines can be found at:

https://www.ferc.gov/industries-data/hydropower/dam-safety-and-inspections/eng-guidelines https://www.ferc.gov/ceii https://www.ferc.gov/dam-safety-and-inspections

7.0 DELIVERABLES

A deliverable is defined as any document/report that is required to be generated during the period of performance of the contract is outlined in the SOW. Contractor shall submit deliverables through the COR for review and approval. The COR will respond to the deliverables submitted with formal approval or non-approval. Deliverables shall be submitted via email using software compatible with FERC’s systems along with a hard copy. In the event that document exceeds the email capacity of either party, Contractor shall setup a secure file transfer site for transfer of large documents. All deliverables are the property of the FERC and the information contained in the reports is considered proprietary.

Contractor shall promptly notify the FERC Project Manager and COR of any noncompliance resulting in significant impact and if a scheduling change is necessary to complete the assigned task. In no case shall this notification exceed 24 hours.

The Government reserves the right to inspect all deliverables that have been tendered for acceptance. The Government may require correction of non-conforming deliverables at no increase in price. If correction is not possible, the Government may seek an equitable price adjustment or adequate consideration for acceptance of the non-conforming deliverables.

SOW AREA DELIVERABLE FREQUENCY ACCEPTANCE RECIPIENT

Section 4 Contractor shall furnish all labor, materials, equipment

(including cameras), facilities, software, transportation, and incidentals necessary to perform in accordance with this SOW, and associated terms and conditions.

Daily/As Needed 100% free of data and grammar errors.

Contractor shall only tender for acceptance those deliverables that conform to the requirements of this contract.

COR/PM

Section 4 Communicate with the FERC

COR, FERC Project Manager, and company representatives as necessary to ensure all project related tasks are performed in a timely manner.

Weekly/As

Needed

100% free of data and grammar errors.

Contractor shall only tender for acceptance those deliverables that conform to the requirements of this contract.

COR/PM

Section 4 Participate in technical conferences with the Licensees or operators and their consultants with respect to seismic design and geotechnical issues.

As Needed 100% free of data and grammar errors.

Contractor shall only tender for acceptance those deliverables that conform to the requirements of this contract.

COR/PM

Section 4 Based upon the studies, conferences, and inspections, submit reports to the FERC staff setting forth the technical evaluation, recommendations, and conclusions for the projects.

As Needed 100% free of data and grammar errors.

Contractor shall only tender for acceptance those deliverables that conform to the requirements of this contract.

COR/PM

Section 4.8 Implementation Plan (IP) As Needed 100% free of data and grammar errors.

Contractor shall only

COR/PM

tender for acceptance those deliverables that conform to the requirements of this contract.

Section 5 Abide by the FERC conditions with respect to critical energy infrastructure information

(CEII) that the company has access to because of its work for the FERC. The CEII information: Critical

Energy/Electric Infrastructure

Information (CEII) | Federal

Energy Regulatory

Commission

Weekly 100% free of data and grammar errors.

Contractor shall only tender for acceptance those deliverables that conform to the requirements of this contract.

COR/PM

https://www.ferc.gov/ceii https://www.ferc.gov/ceii https://www.ferc.gov/ceii

SECTION C - CONTRACT CLAUSES

C.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

C.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

FAR

Number

Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

C.3 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency

(DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and

Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a

NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ________.

(Do not use a “doing business as” name).

Title Date

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

NOV 2021

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

COVERED ENTITIES

DEC 2023

C.4 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at

9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

C.5 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

C.6 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION

AND CERTIFICATIONS (JUN 2020)

(a) Definitions. As used in this provision—

"Person"—

(1) Means—

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50

U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at

CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal

Acquisition Regulation (FAR) 25.703–4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703–2(a)(2) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency

Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-

24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

C.7 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if— https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form

W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the

IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that—

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the

Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign

Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

Title Date

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

952.204-77 COMPUTER SECURITY AUG 2006

C.8 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (NOV 2021)

(a) Inspection/Acceptance.

http://www.irs.gov/w14 https://www.irs.gov/help/tax-law-questions

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the

"hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the

Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the

Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the

Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting

Officer in writing as soon as it is reasonably…

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