Revised-PWS-DOI-IOR-13_Aug_2024.pdf

Performance Work Statement

Department of the Interior (DOI) Dam Safety Program

Independent Oversight Review (IOR)

Base plus Option Years

1. INTRODUCTION

The Bureau of Reclamation’ Dam Safety Officer (DSO) requires the services of an external independent source (contractor/organization) to assist with the DOI Dam Safety Program

Reviews of the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (FWS), National Park Service (NPS), and Office of Surface Mining

Reclamation and Enforcement (OSMRE).

DOI owns more than 1,400 dams, over 500 of which could threaten the public if they were to fail. Federal dam owners self-regulate the risk their structures present to the downstream public welfare, property, environmental, and cultural resources. This represents a large responsibility for the individual agencies to operate these facilities for their beneficial purposes and to ensure that the structures do not present unacceptable public risk in a manner that is efficient and cost effective. Regulation of non-Federal dams is also part of the responsibility of DOI. The challenge for DOI and its Bureaus is to fulfill Bureau objectives while assuring that dams on their lands do not pose an unreasonable risk to the public.

DOI Dam Safety Program: In 1977, the President directed that Federal agencies review their dam safety activities and practices. This review resulted in the Federal Guidelines for

Dam Safety (FGDS), dated June 25, 1979 (revised April 2004), which presented prudent and reasonable management practices for dam safety. In October 1979, the President directed the agencies to implement these guidelines. The implementation of these guidelines initiated the

DOI Dam Safety Program.

The overall purpose of the FGDS is to enhance national dam safety. The immediate objective is to encourage high safety standards in the practices and procedures Federal agencies use, or require of those they regulate, for dam site investigation, design, construction, operation and maintenance, and emergency preparedness.

The FGDS outline management procedures that will continually stimulate improvement in technical methods for dam planning, design, construction, and operation for reducing the risk of failure. The objective of the dam safety program will be achieved as management and technical decisions during all project stages give proper recognition to safety considerations.

The strategy of FGDS is to describe definite management practices to reinforce decision maker awareness of safety needs. Those charged with administering these guidelines must recognize that the achievement of dam safety is through a continuous, dynamic process in which guidelines, practices, and procedures are periodically examined and updated.

Technical procedures need to change with technological advancement, and management should ensure deficient practices are corrected, and successful practices are duplicated.

Dam Safety Program Responsibilities: The Departmental Manual, Part 753, (DM 753) presents dam safety program responsibilities. Program Assistant Secretaries are responsible for ensuring that bureaus under their authority conduct dam safety programs in accordance with DM 753 and FGDS. They are also responsible for reviewing and approving their respective programs, considering recommendations by the Commissioner of Reclamation.

The Commissioner of Reclamation is responsible for overall coordination and advising on development and operation of the dam safety programs in DOI which includes reviewing and evaluating the administrative, technical, and regulatory practices of the applicable Bureaus.

The Commissioner’s duties also include reviewing individual Bureau dam safety programs and providing respective Assistant Secretaries with recommendations for dam safety program approval or revision.

Brief synopsis of dam safety responsibilities for each DOI Bureau to be reviewed are as follows:

The Bureau of Land Management is responsible for BLM owned dams on public lands that it administers in the 10 Western States and Alaska. Although 424 dams have been identified and classified, only 20 are presently classified as presenting a high or significant hazard potential to the public. The BLM administered lands host a variety of dams owned and operated by other public and private entities. These other-owned dams occupy BLM lands only by obtaining occupancy rights from BLM or the Federal Energy Regulatory

Commission.

The Bureau of Indian Affairs is responsible for the safety of those dams arising from its trust obligations in relation to the development of Native American water related land resources. BIA inventoried over 1,900 dams and 141 are classified as either high or significant hazard. The BIA is executing Public Law 93-638 contracts with interested Tribes to provide for tribal government accomplishment of dam safety corrective actions. Therefore, accomplishment of BIA’s dam safety program not only relies on BIA resources and capabilities but also on tribal resources and capabilities. Dam safety maintenance and rehabilitation is authorized by the Indian Dam Safety Act, Public Law 103-302, dated August

23, 1994.

The Fish and Wildlife Service owns and operates dams associated with the preservation and enhancement of fish and wildlife resources. Most of the dams in the FWS inventory were acquired through land purchases while others were designed and constructed in-house. The

FWS inventory of dams includes over 300 dams of which 17 are classified as either high or significant hazard.

The National Park Service is responsible for 51 dams within the National Park System. The inventory includes 24 dams which are classified as either high or significant hazard. More than 222 non-NPS owned dams lie within or near park boundaries and their operation or failure affects activities within these parks.

The Office of Surface Mining Reclamation and Enforcement regulates dams and impoundments associated with surface coal mining operations as established in the Surface

Mining Control and Reclamation Act of 1977, Public Law 95-87. The Act provides for States to become the primary regulatory authority by obtaining approval from the Secretary of the

Interior. Twenty-four States, which are major coal-producers, now have primacy and are responsible for directly regulating surface coal mining operations within their borders. After a State receives primacy, OSMRE oversees the State’s administration of their program. OSMRE remains the primary regulatory authority (Federal Program) within the

States of Tennessee and Washington, as well as, on Indian Lands. Within these borders, OSMRE directly regulates the dam structures. The design, construction, and maintenance of impoundments and associated dams are the responsibility of the mining company. There are currently 69 dams in OSMRE's Federal Program. Of this number 10 are classified as high hazard, 11 are significant and 48 are low.

The 1996 peer review of DOI Dam Safety Programs recommended that an independent review of DOI Dam Safety Programs take place at least every 5 years. Because DOI owned dams are self-regulated (states do not have the authority to issue corrective action orders to the Federal Government), these reviews provide programmatic advice to Bureau Directors regarding any actions necessary to assure that DOI dams do not pose an unreasonable risk to the public.

The purpose of the Dam Safety Programs IOR is to evaluate the compliance of the Dam Safety

Programs of the applicable Bureaus within DOI with the Federal Guidelines for Dam Safety and relative to the generally accepted standards of practice for dam safety. Additionally, objectives are to identify strength(s) in the existing programs as well as practices that need improvement to meet both present and future needs. An independent program peer review is sought to ensure the public trust of regulation and self-regulation is and will be prudently fulfilled into the future.

2. SCOPE

Reclamation’s Dam Safety Officer requires the services of an external independent source to assist with the DOI Dam Safety Programs Oversight Reviews (IOR).

Five reviews may be conducted in the 2024-2029 timeframe for this base plus option year contract as noted below:

Base Year: Review of OSMRE (Bureau subject to change)

Option Year One: Review of BIA (Bureau subject to change)

Option Year Two: Review of NPS (Bureau subject to change)

Option Year Three: Review of BLM (Bureau subject to change)

Option Year Four: Review of FWS (Bureau subject to change)

The review teams for the Bureaus will include at least one Reclamation representative who is familiar with DOI dam safety programs and two independent subject matter experts who are experienced in the types of dam safety programs being reviewed.

The Contractor will provide nominations and resumes of qualified candidates for Dam Safety

Programs IOR team members with extensive expertise in major Federal or State agency dam safety programs and distinguished as an expert of dam safety program management as further defined in the Deliverables Section (9.1). The Contractor will also provide administrative support to the Dam Safety Programs IOR team members including assistance with the final Dam Safety

Programs IOR report of findings and recommendations (see section 9.3).

The review will include data review, interviews with Bureau staff/managers/leadership, and a final Dam Safety Programs IOR report (see Deliverables section).

3. PERSONNEL QUALIFICATIONS

The contractor shall provide nominations and resumes for IOR team members. Option years will have similar requirements.

The Contractor shall:

• Have an established and documented program of dam safety program peer review with at least 5 years of experience in performing such reviews.

• Have a major organizational mission of advancing and improving dam safety management through support of dam safety programs.

• Include members who are recognized leaders in dam safety management, with both the level of experience and credibility that is essential to ensure the safety of some of the

Nation’s most significant dams.

• Include members that represent perspectives of owners, regulators and practicing technical analysts.

• Include a member that is familiar with the regulatory environment with the dams associated with surface coal mining operations.

• See further member qualifications in section 9.1.

4. GOVERNMENT FURNISHED EQUIPMENT AND MATERIALS

4.1 Government-Furnished Equipment: None

4.2 Government-Furnished Materials: Data on Bureau background, their Dam Safety Program, and other Bureau-Specific documents and IOR-specific documents.

4.3 Except for those items or services specifically stated to be Government-furnished above, the contractor shall furnish all items (equipment, materials, supplies, incidentals, etc.) required to successfully perform the work required.

5. TRAVEL

Travel is anticipated to support this effort. All travel will be reimbursed on an actual cost basis in accordance with the General Service Administration’s Per Diem Rates (accessible at www.gsa.gov/travel-resources).

6. GOVERNMENT VEHICLES

Contract employees will not operate, nor occupy any Government vehicle. An employee may transport persons who are not employed by Reclamation only under the following conditions: (1)

To transport employees of other Federal agencies and non-Federal employees conducting official business when it benefits the Government and does not interfere with accomplishing the employee's primary business. (2) To transport persons in emergency or disaster situations while assisting persons with injuries or in pain and preventing death or serious damage to persons or property.

7. SECURITY

All service locations under this contract are within secured areas. Reclamation’s Dam Safety

Officer will arrange for the Contractor’s entry into secure areas and inform the Contractor of security procedures. The Contractor shall comply with all security procedures.

7.1. Reclamation has identified specific security sensitivity designations for information related to Government facilities.

7.2. All contractor-produced and Government furnished information related to this contract is designated Public Information (Non-Official-Use-Only), except for the Government furnished work products which are designated CONTROLLED. All materials shall be left with

Reclamation.

7.3. The Contractor shall be required to supply Reclamation with the legal names and other personal information of employees who will be working under this contract.

7.4. Reclamation reserves the right to perform security checks on Contractor employees.

7.5 Obtainment of a Personal Identity Verification (PIV) card is not required for this effort.

8. NON-DISCLOSURE STATEMENT

Contractor shall be required to sign a Non-Disclosure Statement. The signed statement is due to the Contracting Officer/Contracting Officer Representative at least one day before any work begins.

9. DELIVERABLES

9.1 Nominations and Resumes: The Contractor shall provide nominations and resumes of a minimum of four experts to fill the need of two subject matter experts for the Dam Safety

Programs IOR Team with the qualifications listed below. Option Years will contain similar requirements.

• Have made a significant contribution to the dam safety profession through involvement with professional societies, licensing boards, or other civic or professional activities.

• Have at least 20 years of experience in engineering related to the safety, design, construction, maintenance, and/or operation of dams.

• Demonstrate through experience and/or education that they are a recognized or national expert in their field.

• Knowledge of Federal dam safety standards and its practices in the fields of risk and program management activities.

• Experience in the management of a large dam safety program where the principal mission is to ensure that structures do not represent an unacceptable risk to downstream public safety and welfare, property, environment, and cultural resources.

• Experience and knowledge in decision making processes to identify dams which pose unacceptable risks to public safety and take corrective actions to reduce or eliminate risks in an efficient and cost-effective manner.

• Experience and knowledge of required for managing a program of activities designed to identify, evaluate, and mitigate risk where necessary.

• Professional knowledge and understanding of state-of-the-art methods and techniques employed for dam engineering (structural, geotechnical, and hydraulic) analyses, dam inspection, dam monitoring, site-investigations, modification design, and construction.

• Professional expertise in dam safety risk analysis and decision making.

• Professional knowledge and experience necessary to manage multi-disciplinary activities with projects to resolve dam safety issues and reduce the risk to the public. Knowledge of how these services need to be defined, utilized, and integrated into the dam safety processes in order to produce effective products facilitate decision making.

• Be a registered professional engineer in the United States, or similarly credentialed in their home county, is a preference; but not a requirement.

9.2 Resumes for nominated consultants which shall include prior work experience related to dam safety program management descriptions, years of experience in related field, degree(s) obtained as well as year and school in which a degree was obtained, professional registrations and/or licenses held, documents published by major journals or organizations in their field of work. The evaluation shall consider education, certifications, training, registration, overall and relevant experience, and published documents.

9.3 The Contractor shall coordinate logistics of each Bureau Dam Safety Program IOR including distribution of final report.

9.4 Based upon the expertise of the selected Dam Safety Programs IOR team members, the

Contractor will collaborate with Reclamation’s Dam Safety Officer to provide the following:

9.4.1 Thorough data review of Bureau-specific documents including previous Dam

Safety Programs IOR reports, review and understand the Bureau mission and organization, Dam Safety Program mission and guidance; assess the status of prior Dam

Safety Programs IOR recommendations and implementation of the FGDS and DM 753 within the organization being reviewed; and any dams considered to pose a high risk to the public.

9.4.2 Participation of the IOR Team in one or two site visit(s) including presentations and interviews with staff/management/leadership from regional/area/field offices for each bureau. Some presentations and interviews may be virtual. Possible site visit locations listed in table below.

Bureau Location of Site Visit Month/Year of Site Visit

OSMRE TBD (Washington DC or

Denver, CO)

TBD

BIA TBD (Washington DC or

Denver, CO)

TBD

NPS TBD (Washington DC or

Denver, CO)

TBD

FWS TBD (Washington DC or

Denver, CO)

TBD

BLM TBD (Washington DC or

Denver, CO)

TBD

9.4.3 Presentation: The team members will develop and present a PowerPoint presentation of their findings via a program like WebEx/Teams Meeting and conference call for Reclamation and Bureau staff. Electronic copy in Microsoft PowerPoint or Adobe

PDF to be delivered to the DSO and COR for distribution to presentation participants.

9.4.4 Draft Report: A draft Dam Safety Programs IOR report is produced in

Microsoft Word or Adobe PDF format in conjunction with other Dam Safety Programs

IOR team members with findings and recommendations based on their review of Bureau data, site visit, and interviews. Reclamation has ten business days to respond to the contractor’s draft report with comments.

9.4.5 Final Report: The Contractor shall provide a full final IOR report in Microsoft

Word or Adobe PDF format within fifteen business days of receiving Reclamation’s comments on the report.

9.5 The Contractor shall return all review documents to Reclamation and shall destroy the electronic copies.

9.6 General Tasks and Estimated Days/Schedule per Subject Matter Expert for Each

Bureau Table

Para Tasks Estimated # of days Dates

3, 9.1,9.2, and 9.3

List of nominees for IOR expert team members, and coordination logistics

- TBD

9.4.1 Preparatory work and data review 3 days TBD

9.4.2 Site visits and interviews Up to 10 days

including travel time

TBD

9.4.3 and

9.4.4

Draft IOR report and presentation 2 days TBD

9.4.5 Finalize Dam Safety IOR report 2 days TBD

9.7 Deliverable Table

Para Deliverable # Copies and Deliver To Due

8 Non-Disclosure

Statement

Electronic copy each to

CO/COR

At least one day prior to beginning work

9.1

9.2

Nominations & resumes for team members

Electronic copy each to

DSO and COR

At least 1 month before Review

Week.

9.4.3 PowerPoint

presentation of findings

Electronic copy each to

DSO and COR

Within 1 week following the

Review Week

9.4.4

Draft report Electronic copy each to

DSO and COR

Within 1 week following the

Review Week.

9.4.5 Final report Electronic copy each to

DSO and COR

Within 15 days of receipt of

Reclamation comments

10. QUALITY

Contractor’s Performance Assessment Reporting System

(CPARS): The attached Contractor Performance Report is provided for your information. The

Contracting Officer’s Representative (COR) will complete this report at the end of the performance period. This information will be input into CPARS.

10.1 Performance-Based Contracting. Quality shall be measured on the following:

PARA PERFORMANCE OBJECTIVE PERFORMANCE GOAL

9.1

9.2

Minimum of 4 names and resumes for potential IOR team members are provided. Members meet at least 80% of the qualifications.

95% of the time

9.4.3

9.4.4

9.4.5

Deliverables are provided in the correct format

95% of the time

9.4.5 The Government’s concerns are

fully addressed in the final report

95% of the time

11. IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are government employees.