Attachment 1-OEP Risk Informed Decision Making Related Services SOW Dec 2024.pdf

Risk-Informed Decision Making (RIDM) Technical Support Services Statement of Work (SOW)

January 2025

1.0 Objective

The Federal Energy Regulatory Commission (FERC or Commission) requires Contractor support to secure risk-informed decision-making technical support services to assist FERC in carrying out risk-related activities in the Commission’s Dam Safety Program.

2.0 Background

2.1 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.

2.2 The Office of Energy Projects (OEP) 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. 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 on developing and testing emergency action plans, preparing engineering guidelines, and collaborating with other agencies and industry staff.

2.3 Risk-Informed Decision Making (RIDM) is a method of dam safety evaluation that uses the likelihood of loading, dam fragility, and consequences of failure to estimate risk. This risk estimate is used along with standards-based analyses to inform the dam safety decision process whether investments are justified or warranted and the priority and urgency of such efforts. This approach has many benefits including a greatly improved understanding of the safety of the dam and identifying dam safety vulnerabilities that have not been identified using standards-based evaluation techniques. These efforts are to complement the traditional dam safety approach and together will improve public safety.

3.0 Scope

The Contractor must provide the necessary level of administrative, professional, and technical support required to provide risk related engineering services with a structural emphasis to the FERC as it relates to the Commission’s dam safety program and jurisdictional hydropower infrastructure.

The government anticipates that approximately 320 consulting hours per year will be required over the base period and option year periods; this estimate is based on historical data and the government’s anticipated need for the next 5 years. Although 320 hours/year is the government’s best estimate, it is possible that the government’s need for performance under this contract could be as high as 700 hours/year as a consequence of anticipated activities.

4.0 Description of Requirements

The Contractor will assist FERC staff in carrying out the following duties-

• The Contractor will perform a technical review of and analyze Commission produced risk-related documents to include policy, plans, guidance, methodology, letters, and reports. The Contractor will provide comments and recommendations in emails or other written work products.

• The Contractor will attend hydropower project risk analysis meetings and provide comments, observations, input, and recommendations to the risk analysis process, results, and execution.

The Contractor will prepare written material that addresses the key topics and outcomes discussed during meetings.

• The Contractor will serve as a structural advisor and concrete dam subject matter expert to provide comments, observations, input, and recommendations relative to concrete dam potential failure modes and risk estimates. The Contractor will prepare written material that addresses the key topics and outcomes from the review of written documents or discussed during meetings.

• The Contractor will create and conduct risk training classes and workshops and develop related training materials.

5.0 Place of Performance

Majority of the work under this contract will be performed at the Contractor’s facility. Hydropower project risk analysis meetings will take place in various cities throughout the continental United States and will be determined by each Task Order.

The FERC retains the right to request removal of Contractor’s personnel whose actions while assigned to this task order conflict with the interests of the Government. The Contractor shall provide at least a 2 week notice of changes in personnel, if possible. Also, at the same time, the Contractor shall clearly demonstrate the qualifications of potential personnel replacements against specific, approved labor category descriptions as stipulated by the task order. Individuals proposed as replacement personnel will be subject to approval at the sole discretion of the Government. For the performance of this task order, the contractor shall utilize only employees who are U.S. Citizens or lawfully admitted and employed non-citizens. The contractor will follow the Commission's ex-parte rules and rules governing handling of privileged, CEII and nonpublic information. Contacts with outside entities will be through or in the presence of the FERC Project Coordinator. The Contractor shall maintain a list of all staff approved to work on the contract sorted by labor category and level.

6.0 Cost Estimate and Authorization to Proceed

The Contracting Officer’s Representative (COR) shall provide a list of projects, including deadlines, requiring risk-related services as the projects become available. The contractor shall prepare a cost estimate for each project assigned to the contractor. 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).

Upon review and approval of the cost estimate the COR will authorize the contractor to proceed with work related to the specific project. The 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 the contractor is authorized in writing by the COR proceed with work.

7.0 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 the contractor access to the necessary engineering reports and correspondence. The COR may provide additional materials upon request and/or may direct the contractor to obtain materials directly from the subject Licensee.

8.0 Organization Conflict of Interest

The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there shall be no relevant facts or circumstances which do or could give rise to an Organizational Conflict of Interest (OCI), as defined in FAR subpart 9.5 or the appearance thereof; and that Contractor and its Subcontractors (as defined below) shall comply with the requirements set forth in this provision to avoid, neutralize, or mitigate the same.

Specifically, immediately upon assignment of a task order and prior to performance thereof and incurrence of any task order- related costs, the Contractor shall itself prepare and submit, and ensure that each of its proposed subcontractors, partners, consultants, joint ventures or other entities acting in a similar capacity (collectively referred to as Subcontractors) submits an OCI Representational Statement and an OCI Questionnaire (OCI Screening Documents) to the COR. No task order shall commence until the COR has reviewed and approved, in writing, the OCI Screening Documents provided by the Contractor. Failure of the Contractor to provide the OCI Screening Documents to the COR may result in the Contractor being determined ineligible for that task.

If the COR, after reviewing the OCI Screening Documents in consultation with agency legal staff, determines that an OCI or the appearance thereof exists, the COR will ask the Contractor to submit a full disclosure statement (Full OCI Disclosure Statement) describing the circumstances or conditions that create the OCI or appearance thereof and any measures the Contractor intends to implement to avoid, neutralize, or mitigate the OCI or the appearance thereof. If, in the discretion of the COR, the proposed measures will not avoid, neutralize, or adequately mitigate the OCI or appearance thereof, the Contractor will not be assigned to that particular task order and that task order will be competed outside this contract.

Moreover, in the event that the Contractor identifies an OCI or the appearance thereof after beginning performance or incurring task order-related costs, the Contractor shall promptly submit a Full OCI Disclosure Statement of the same to the COR and comply with the COR’s direction regarding further activity under the task order.

The Contractor shall promptly inform and ensure that each of its sub-contractors promptly inform, in writing, the COR regarding any material changes to the information within the documentation submitted pursuant to this provision. Misrepresentation or failure to report any material fact or any fact that should have been known may result in the termination of the contract for default, disqualification of the Contractor from subsequent related contractual efforts, and other remedies as may be permitted by law or this contract.

9.0 Critical Energy Infrastructure Information (CEII)

The contractor shall abide by the FERC conditions with respect to critical energy infrastructure information that the company has access to because of its work for the FERC. The CEII statement is included as Attachment 4.

10.0 Technical Requirements

9.2 The 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. The contractor shall communicate with the FERC COR, FERC Technical advisor, and company representatives as necessary to ensure all project related tasks are performed in a timely manner.

9.3 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. The contractor shall submit deliverables through the COR for review and approval. The COR will respond to the deliverables submitted with a 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, the 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.

9.4 The contractor shall be expected to participate in technical conferences with the Licensees or operators and their consultants with respect to seismic design and geotechnical issues. Based upon the studies, conferences, and inspections, the contractor shall submit reports to the FERC staff setting forth the technical evaluation, recommendations, and conclusions for the various work efforts listed above.

9.5 The contractor shall promptly notify the FERC Technical advisor 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.

11.0 Travel

11.1 All travel shall be at the direction of the Government and shall be performed in accordance with the Federal Travel Regulation (FTR) and paid for in the travel funding line. All travel shall be approved in writing by the Government COR prior to being taken.

11.2 The contractor shall make arrangements for travel to and from the site and shall secure its own rental car for performing site visits. Contractor will be authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulation (FTR) and the limitation of funds specified in Task Order.

Special transportation methods (e.g., helicopter, small plane, or boat) are seldom required on his task;

however, in the event the COR determines that use of such special transportation methods will be advantageous to the Government, the contractor shall coordinate the arrangements. In such cases, FERC is obligated to either reimburse companies or its employees’ and contractor’s pro-rata share of transportation costs or to hire and pay the transportation service directly. In general, it is preferred that the company provide the aircraft/boat, etc. and bill FERC for our share of the expense. The contractor shall coordinate payment arrangements with the COR for submission to FERC’s Division of Financial Services.

Note: The contractor shall not generally accept rides in company vehicles without sufficient justification.

However, it is understood that safety concerns and ground conditions at an inspection site may dictate the need to use four-wheel drive or an all-terrain vehicle, and the contractor is permitted to ride in a company representative’s vehicle to complete the inspection without reimbursement to the company.

12.0 Quality Assurance/Control

12.1 All final documents shall be reviewed and edited by the contractor to ensure that the document is both technically and grammatically correct. Final documents shall be organized in a logical manner.

12.2 The contractor shall only tender for acceptance those deliverables that conform to the requirements of this SOW. 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.

12.3 Implementation Plan (IP)

All task orders must be initiated by either the Contracting Officer (CO) or via request for quote (RFQ), for services as the projects become available, in accordance with the solicitation “Ordering Procedures”, and will result in the execution of a Task Order (TO). The contractor shall prepare an Implementation Plan (IP) and cost estimate for each task order.

The IP shall include at a minimum:

1.1 Description of the methods for use in planning, managing, controlling and reporting on task elements;

1.2 Description of the technical approach to be followed for each task;

1.3 Description of how tasks shall be scheduled; and

1.4 Deliverables.

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

Task No.

Deliverable Time to Complete

1 Review project history, design report, and provide IP. 3 weeks 2 Collaborate on FERC review memo and response letter 2 weeks 3 Attend site visit and project review meeting 3 days 4 Prepare review memo documenting inspection and providing comments 2 weeks

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

2 weeks

6 Review final plans and specifications and provide comments via letter 2 weeks 7 Attend construction inspections/meetings and prepare review memos

(assume 2 inspections/meetings) 1 week each

8 Review final evaluation report and provide final review memo 2 weeks 9 Monthly status reports monthly

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

1.5 The number of consulting hours;

1.6 The fully-burdened labor rates; and

1.7 Travel costs (if applicable).

Upon review and approval of the IP and cost estimate the CO will authorize the contractor to proceed with work related to the specific project. The 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 the contractor is authorized in writing by the CO proceed with work.

13.0 Communication Protocol

The contractor, as needed, will make arrangements to meet with the COR (in person, by teleconference, etc.) to obtain additional direction and clarification on the task assignment. Regular interaction between the contractor and the COR is expected to occur to ensure that parties are informed of ongoing developments. The need for such meetings, locations, and necessary participants will be determined by and at the discretion of the COR.

14.0 Personnel Qualifications

Key Personnel are essential to the work being performed. The following personnel are considered key personnel:

Technical Advisor

The Contractor must provide a technical advisor who will be responsible for the performance of the work.

The name of this person and an alternate who shall act for the Contractor when the advisor is absent must be designated in writing to the Contracting Officer (CO). The technical advisor or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor must notify the Contracting Officer in advance, and not less than 30 days, prior to any changes of Key Personnel. The Contractor must submit a written justification, with proposed changes, in enough detail to permit evaluation of the impact on task activities plus a description of mitigating measures, if applicable. Individuals submitted as key personnel changes will be approved at the sole discretion of the Contracting Officer, with concurrence of the COR. Qualifications for the technical advisor are as follows:

Education: Bachelor of Science in Engineering and Masters in Engineering.

Experience:

• Minimum of 15 years demonstrated work experience implementing federal dam safety programs.

• Minimum of 15 years demonstrated work experience developing, evaluating, assessing, and executing risk-informed decision-making principles, policies, guidance, and decisions for federal dam safety programs.

• Minimum of 20 years demonstrated work experience identifying and evaluating concrete dam potential failure modes and risk analysis estimates.

• Minimum of 10 years demonstrated experience developing and conducting training classes and workshops for risk policies, procedures, and methodologies for dam safety.

15.0 Government Furnished Proprietary Information

The Government will provide the Contractor will material for review via email or an external SharePoint site.

(End of Statement of Work)