FERC-16-Q-0018.pdf

Combined Synopsis/Solicitation for “Rock Erosion Technical Services to Update Federal Energy Regulatory Commission’s (FERC) Engineering Guidelines for the Evaluation of Hydropower Projects, Arch Dam Chapter; RFQ #

FERC-16-Q-0018.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation (SF1449) will not be issued.

The solicitation number is FERC-16-Q-0018. The solicitation is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87, effective 6 April 2016.

This procurement is not set-aside for small businesses. The NAICS code for this procurement is 541330 (Engineering Services); the small business size standard is $15M.

This combined synopsis solicitation contains one (1) firm-fixed price line item in section B.1 Cost/Schedule of the solicitation.

The objective of this requirement is to the update the section of the FERC’s “Engineering Guidelines for the Evaluation of Hydropower Projects, Arch Dam Chapter” that provides guidance on the evaluation of the risk of arch dam failure due to rock erosion. The guidance will be used by dam owners, engineering consultants, and FERC staff.

A more detailed description of requirements, dates and place of performance are provided in the attached solicitation document.

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; an addenda to 52-212-1 is provided in the attached solicitation document.

The provision at 52.212-2 Evaluation–Commercial Items applies to this acquisition.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications–Commercial Items, with its offer. 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 quotation.

The clause 52.212-4 Contract Terms and Conditions–Commercial Items applies to this procurement. An addenda to 52-212-4 is provided in the attached solicitation document.

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.

Questions regarding this solicitation shall be submitted in electronic format to the contract specialist at jeff.martin@ferc.gov, not later than 10:00 AM (EST), May 4, 2016.

Quotations shall be submitted in electronic format to the contract specialist at jeff.martin@ferc.gov not later than 10:00 AM (EST), May 13, 2016.

The point of contact for this acquisition is Jeff Martin, (202) 502-6674, jeff.martin@ferc.gov mailto:jeff.martin@ferc.gov

Table of Contents

SECTION A - Combined Synopsis/Solicitation for “Rock Erosion Technical Services to Update Federal Energy Regulatory Commission’s (FERC) Engineering Guidelines for the Evaluation of Hydropow er Projects, Arch Dam Chapter; RFQ # FERC-16-Q-0018

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Price/Cost Schedule Item Information

B.2 Delivery Schedule

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015)

C.2 ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Items

C.3 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 INVOICING -- LOCAL PROVISION

C.5 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL PROVISION

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Performance Work Statement D.2 Critical Energy Infrastructure Information General Non-disclosure Agreement

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 Instructions to Offerors—Commercial Items E.1.1 Submission of Quotations

E.2 52.212-2 -- EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.3 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015) . 24

E.4 52.204-16 -- COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (NOV 2014)

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Price/Cost Schedule

Item Information

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Contract Period: Base POP Begin: Date of Award POP End: Six (6) Months from Date of Award Firm-fixed Price Contract Line Item No. 1 - Rock Erosion Technical Services to Update FERC’s Engineering Guidelines for the Evaluation of Hydropower Projects, Arch Dam Chapter

1.00 LOT __________________ __________________

GRAND TOTAL __________________

B.2 Delivery Schedule

ITEM NUMBER QUANTITY DELIVERY DATE

0001 1.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111- 117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (OCT 2014) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

[] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

[] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.2 ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Items

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.3 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.acquisition.gov/far/index.html

FAR Number Title Date 52.203-17

52.212-4

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

CONTRACT TERMS AND CONDITIONS – COMMERICIAL ITEMS

APR 2014

MAY 2015

52.227-14 RIGHTS IN DATA—GENERAL MAY 2014

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

DEC 2013

C.4 INVOICING -- LOCAL PROVISION

An original invoice(s) for work provided under this order shall be submitted with proper documentation in accordance with the Prompt Payment Act, FAR 52.232-25 to:

Federal Energy Regulatory Commission Division of Financial Services Attn: Payment/Invoice 888 First Street, NE, Room 42-71 Washington, DC 20426

INVOICE MAY BE SUBMITTED ELECTRONICALLY TO: DFS-invoices@ferc.gov

FOR INVOICE STATUS CONTACT: William Brown

(202) 502-8956

In addition, please submit at least 1 copy of all invoices simultaneously to Jeff Martin, Contract Specialist, at jeff.martin@ferc.gov at the physical or e-mail address listed herein.

YOUR LAST INVOICE UNDER THE ORDER SHALL BE MARKED "FINAL."

C.5 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL PROVISION

[ TBD ] has been appointed as the Contracting Officer’s Representative (COR) for this Contract with responsibility for technical oversight, contract administration and day-to-day inspection of the work. The appointment will be in effect until final completion of the project, or when terminated or superseded by the Contracting Officer. The COR will accomplish inspection and acceptance, including final delivery. Services shall conform to the requirements set forth in the contract.

TBD

Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 202-502-xxxx xxxx.xxxxxx@ferc.gov

(End of Addendum to 52.212-4)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Performance Work Statement

Title: “Rock Erosion Technical Services to Update FERC’s Engineering Guidelines for the Evaluation of Hydropower Projects, Arch Dam Chapter”

1.0 Objective

The purpose of this requirement is to the update the section of the FERC’s “Engineering Guidelines for the Evaluation of Hydropower Projects, Arch Dam Chapter” that provides guidance on the evaluation of the risk of arch dam failure due to rock erosion. The guidance will be used by dam owners, engineering consultants, and FERC staff.

2.0 Background

The mission of the Office of Energy Projects (OEP) is to foster economic and environmental benefits for the nation through certification of natural gas pipelines and storage facilities, authorization of LNG facilities, authorization of certain electric transmission facilities located within corridors identified by the Department of Energy, and licensing and oversight of jurisdictional hydroelectric projects, as well as instituting policies and procedures that ensure the safety and reliability of current and future infrastructure.

The Division of Dam Safety and Inspections (D2SI) is responsible for ensuring the safety of the Commission regulated hydroelectric projects and implementing the Commission's dam safety, public safety, security and license compliance programs. D2SI's safety related programs have a direct bearing on life, property and the environment.

3.0 Scope

The contractor shall provide written guidance on the evaluation of potential rock erosion and subsequent dam failure to be included in the updated “Engineering Guidelines for the Evaluation of Hydropower Projects.” The contractor shall review all relevant literature on predictive erosion models and case histories and produce a document which will serve as FERC’s technical guidance on evaluation of the risk of dam failure due to rock erosion.

The contractor will produce a document not to exceed 10 pages which will be incorporated into the Arch Dam chapter of the “Engineering Guidelines for the Evaluation of Hydropower Projects.” The document will include all the equations, figures, tables, and textual explanations necessary to implement the guidance. It must also be stylistically compatible with the rest of the document. It is anticipated that there will be significant changes made to the draft document. The contractor should expect to communicate regularly with the technical lead in the period between the submission of the draft and the submission of the final document.

4.0 Deliverable Schedule

All deliverables shall be submitted electronically to the COR using software compatible with FERC’s operating system and standard desktop program. FERC’s current operating system and standard desktop program is Windows 7 Enterprise copyrighted 2009 and standard desktop program is Microsoft Office 2010.

Unless otherwise indicated, the task described in this PWS will be accomplished by the contractor, with review and approval of Commission staff, according to the following schedule:

Table 1. Deliverable Schedule

5.0 Quality Assurance Surveillance Plan (QASP)

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.

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

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. The contractor is required to meet the following performance objectives within the prescribed performance standard thresholds:

Task No. Deliverable Time to Complete

1 Kick-off meeting to discuss expectations and technical direction

Schedule and conduct meeting within one (1) week of contract award

12 Review existing Chapter 11 of the Engineering Guidelines and the draft re-write to understand how the required document will fit in.

Within One (1) week of technical direction from

COR

3 Draft Rock Erosion Document Three (3) weeks after technical direction from

COR

4 Discuss comments and modify Two (2 ) days after delivery of draft Rock Erosion Document

5 Generate final version of the Rock Erosion Document Two (2) weeks after receiving final comments on Rock Erosion Document

Table 2. QASP

6.0 Place of Performance

The place of performance is the contractor’s facility.

7.0 Period of Performance

The total duration of the contract shall not exceed six (6) months from the date of award.

8.0 Communication Protocol

The contactor, as needed, shall obtain additional direction and clarification on technical requirements from the COR.

Regular interaction between the contractor and COR is expected to ensure that both parties are informed of ingoing developments.

9.0 Travel

Travel is not necessary for completion of this requirement.

Performance Objective

PWS Section Performance Threshold Method of Surveillance

Frequency

On-time Delivery

3.0 Scope ; 4.0

Deliverable Schedule

No more than two (2) days after the deliverable due date established by the PWS deliverable schedule and initiated by technical direction from

COR

COR Oversight After receipt of each deliverable

High Quality Deliverable(s) without major technical errors

Scope 3.0 No more than one major revision after receipt of COR comments.

COR Oversight After delivery of final Rock Erosion Document

D.2 Critical Energy Infrastructure Information General Non-disclosure Agreement

1. These provisions govern the use of Critical Energy Infrastructure Information (CEII) provided to an individual who files a request for access to CEII pursuant to 18 C.F.R. § 388.113.

2. Definitions - For purposes of these provisions:

o The term “CEII Coordinator” refers to the Federal Energy Regulatory Commission official designated as

Critical Energy Infrastructure Information Coordinator, with delegated authority under 18 C.F.R.

§ 375.313 to make determinations with respect to requests for CEII.

o The terms “non-disclosure agreement” and “NDA” mean this agreement by which requesters certify their understanding that access to CEII is provided pursuant to the terms and restrictions of these provisions and that such requesters have read the provisions and agree to be bound by them.

o The term “Recipient” means someone who is approved to receive CEII in accordance with the provisions of 18 C.F.R. § 388.113.

3. A Recipient may only discuss CEII with another Recipient of the identical CEII. A Recipient may check with the CEII Coordinator to determine whether another individual is a Recipient of the identical CEII.

4. If any Recipient submits information to the Commission that includes CEII obtained under these provisions, portions of the filing containing CEII must be submitted in accordance with 18 C.F.R. § 388.112(b).

5. A Recipient of CEII may use CEII as foundation for advice provided to others, but may not disclose CEII to another individual unless that individual is an approved Recipient of the same CEII.

6. A Recipient will not knowingly use CEII for an illegal or non-legitimate purpose.

7. All CEII shall be maintained by Recipient in a secure place. Access to those materials shall be limited to other

Recipients of the identical material. Recipients may make copies of CEII, but such copies become CEII and subject to these same procedures. Recipients may make notes of CEII, which shall be treated as CEII notes if they contain CEII.

8. Recipients must return CEII to the CEII Coordinator or destroy CEII within fifteen days of a written request by the CEII Coordinator to do so, except that CEII notes may be retained in accordance with Paragraph 7, above.

Within such time period, each Recipient, if requested to do so, shall also submit to the CEII Coordinator an affidavit stating that, to the best of his or her knowledge, all CEII has been returned or destroyed and that CEII notes have either been returned, destroyed or are being maintained by Recipient in accordance with Paragraph 7.

9. The Recipient remains bound by these provisions unless the CEII Coordinator or the Commission rescinds the provisions or a court of competent jurisdiction finds that the information does not qualify as CEII.

10. The Commission may audit the Recipient’s compliance with this non-disclosure agreement.

11. Violation of this non-disclosure agreement may result in criminal or civil sanctions against the Recipient.

12. I hereby certify my understanding that access to Critical Energy Infrastructure Information (CEII) is provided to me pursuant to the terms and restrictions of the above CEII provisions, that I have been given a copy of and have read the provisions, and that I agree to be bound by them. I understand that the contents of the CEII, any notes or other memoranda, or any other form of information that copies or discloses CEII shall not be disclosed to anyone other than another person who has been granted access to these same materials by the Federal Energy Regulatory Commission. I acknowledge that a violation of this agreement may result in criminal or civil sanctions, including the suspension of my ability to appear before the Commission pursuant to 18 C.F.R. § 385.2102. I agree that my compliance with this agreement is subject to audit by the Federal Energy Regulatory Commission.

Signature:

Title:

Email:

Representing:

Date:

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 Instructions to Offerors—Commercial Items

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.1.1 Submission of Quotations

FAR 51.212-1, Section (b) is deleted in its entirety and replaced with the following:

(b) Submission of Quotations. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation.

The offeror’s submission must demonstrate that the requirements stated in the Performance work statement (PWS) are understood and propose a logical approach for their achievement. Offerors merely proposing to provide services in accordance with the solicitation document will not be eligible for award. The quotation must address all of the requirements of the solicitation.

Quotations shall be divided into two separate volumes and include the following:

Volume Section Page Limitations

Volume 1: Technical Quotation

I – Cover Letter 1 page

II – Non-Price Related Exceptions No Limit

III – Technical Capability 10 Pages

IV– Organizational and Personal Conflict of Interest

No limit

V - Critical Energy Infrastructure Information General Non-disclosure Agreement

No Limit

Volume 2: Price Quotation

I – Price Quotation No limit

Volume 1: Technical Quotation

Offerors are required to submit a comprehensive and complete technical quotation that demonstrates their ability to perform the tasks described in the subject Performance Work Statement. Offerors must be responsive to all the requirements of this notice and provide sufficient information to allow evaluation of the technical quotation per the evaluation criteria. The technical quotation is expected to contain written and visual material. It must be succinct, well written and presented in a clear straightforward manner. Volume 1: shall NOT contain any price information; failure to adhere to this rule may result in the quote being deemed non-responsive.

The technical quotation shall be structured as follows:

I - Cover Letter

The quotation shall include a cover letter that is signed and dated by the offeror and which identifies the following information on the cover page:

1. The number of this RFQ;

2. Your company name, address, and telephone number;

3. CAGE, DUNS, and TIN numbers;

4. Acknowledgement of any amendments to this RFQ; and

5. A statement that you assent to all terms of this RFQ.

II - Non-price Related Exceptions

This section shall clearly describe any and all non-price related exceptions the offeror is taking with respect to the solicitation and its requirements. If the offeror is taking no exceptions, the offeror shall clearly state that the offeror takes no non-price related exceptions to the solicitation.

Note: The government reserves the right to determine that a quote is non-responsive and no longer considered for award without discussions if the quote includes any exception that is unacceptable to the government.

III – Technical Capability

This section shall include the following:

A. Narrative: This section shall describe the offeror’s technical capability to meet the requirements of the PWS. The narrative must be sufficiently specific, detailed and complete to clearly and fully demonstrate the techniques and procedures the offeror will employ to meet all of the requirements of the PWS.

IV - Organizational and Personal Conflict of Interest:

The contractor shall prepare and submit three (3) copies of a No Conflict of Interest Statement as required by 40 CFR § 1506.5(c) to the Contracting Office for the following: (1) the Contracting Officer, COR, and the Office of the General Counsel - Administrative Law staff.

V - Critical Energy Infrastructure Information General Non-disclosure Agreement:

The contractor shall provide a copy of the Non-disclosure agreement outlined in Section D – Contract Documents, Exhibits, or Attachments of the subject solicitation.

Volume 2 - Price Quote

The government anticipates awarding a firm-fixed-price (FFP) purchase order to a single offeror for the services required by the PWS.

I - Price Information

The offeror shall submit a firm-fixed price quote that is consistent with the solicitation requirements and the offeror’s technical quotation. The price quote shall include no technical information; the technical evaluation team will not have access to price quotes while performing the technical evaluations.

Additional formatting information

The maximum length of the submitted technical quotation shall be limited to twenty (10) pages including all tables and figures. The technical quotation shall be submitted on 8 ½" x 11" pages, using no less than ten (10) point character size and no less than an average of 3/4" around each page for margins. Page numbers shall have no less than a 3/8" margin from the page edge. Tables and figures shall use no smaller than ten (10) point character size and must be clear and readable. The following items are excluded from the above stated page limitation: letters of transmittal, cover page, table of contents, resumes, and blank pages. Offerors are required to adhere to all of the aforementioned page limitations. Information found on pages that exceed any page limitation will not be considered. All pages in excess of the page limits specified in this solicitation will NOT be evaluated. The quotations shall be readable by the software in use by the Government (i.e., Microsoft Office 2010 or Adobe Acrobat). Quotations submitted in software formats not readable by the Government may be determined to be non-responsive to the solicitation and removed from consideration for award.

Communications regarding this procurement

The point of contact for this procurement is:

Jeff Martin, Contract Specialist 888 First Street, NE, Suite 4J Washington, DC 20426 Phone: (202) 502-6674 Email: jeff.martin@ferc.gov

In order to maintain the integrity of the competitive process, communications regarding this solicitation shall be with the contracting officer only. Communications regarding this solicitation with FERC staff other than with contracting officers within the FERC Acquisition Services Division is strictly prohibited.

Quotation submissions

Quotations shall be submitted not later than 10:00 AM (EST), May 13, 2016 in electronic format to jeff.martin@ferc.gov

Offerors are solely responsible for all costs related to quotation preparation and submission.

(End of Addendum to 52.212-1)

E.2 52.212-2 -- EVALUATION—COMMERCIAL ITEMS (OCT 2014)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to the responsive, responsible offeror who provides the best-valued solution to the Government. In determining best-value; all evaluation criteria other than price, are significantly more important than price.

Technical Capability: The Offeror’s technical capability will be evaluated on the demonstrated technical expertise, experience, and approach for accomplishing the requirements of the Performance Work Statement.

Price: This refers to the total expected price of performing the tasks in the Performance Work Statement. The Government will evaluate the offeror’s total quoted price to determine if the price is fair and reasonable. Quotations will be evaluated with price as a criterion under a “best-value to the Government” approach.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

E.3 52.212-3 -- OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015)

The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or http://www.acquisition.gov/

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“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)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website access through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

http://www.acquisition.gov/

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) Veteran-owned small…