CITY OF DOVER ELECTRIC REQUEST FOR PROPOSAL FOR NERC/RFC SUPPORT AND INTERNAL AUDIT REVIEW 15-0032EL

Due Date: Friday, May 22, 2015 Harry Maloney Electric Director City of Dover Electric 860 Buttner Place Dover DE 19904

For information regarding this RFP, please contact Harry Maloney, Electric Director, at 302-736-7088 or Email [email protected] by April 30, 2015

Page 1 of 11

1. INTRODUCTION The City of Dover Electric Department (City) is advertising for Request for Proposal (RFP) from qualified firms for p r o f e s s i o n a l support for NERC/RFC compliance with all applicable standards and related services. The purpose for this (RFP) is to contract with a consultant to supply the professional labor support and knowledge to ensure that the City is/will be in full compliance now and prepared to be in compliance with new CIP Version 5 standards and any other standards as currently approved. The technical services contract scope work will be to confirm full compliance of NERC/RFC standards, perform an internal audit and prepare Dover for an offsite RFC Audit in 2016. Generally, the various electric divisions within the City provide planning, operations and engineering services to operate the Electric Utility. Consultants shall be used to augment the City’s internal capabilities, provide expertise where needed, and expedite the NERC/RFC compliance in areas as required. The City is currently classified as LSE and DP and ID is NCR 00713

2. BACKGROUND AND SCOPE OF SERVICES The consultant work shall involve the following NERC/RFC tasks: a. Conduct on-site kickoff meetings with City staff to review expectations. b. Review all current and future approved NERC/RFC standards applicable to Dover. c. Create or re-write policies/procedures so that there is a uniform “look and feel” to the documents. d. Match all corresponding evidence to the appropriate policy/procedure. e. Adjust and populate a NERC “tree” existing folder structure so that all. policies/procedures and their evidence are located in a repository that is easy for City staff to navigate. f. Make recommendations to improve compliance. g. Review and improve Risk Assessment’s documents. h. Review and make recommendations for required Physical Security for any identified BES. i. Identify and remediate conflicting processes, requirements and missing or deficient areas. j. Submit new draft and or revised policies and procedures where they are needed. k. Create the appropriate CIP related documentation and programs once CIP, version 5, goes into effect mid-2016. l. Help develop frame work to produce the required RSAWS for upcoming audit. m. Preform internal audit with recommendations. n. SME Interview/Compliance Audit Preparation. o. Perform a Gap Analysis of Dover compliance system. p. Review and advise on City NERC Registration. q. Perform Cyber Security review and action plan. r. Other tasks as the consultant recommends.

Page 2 of 11

The Following out of scope tasks are assigned as needed and billed on an hourly rate. Before these tasks are performed, the Consultant shall submit scope of work and cost estimate based upon the original RFP hourly rates. a. Assist City staff with the self-reporting and self-submittal criteria to include selfcertifications and self-assessments as required by RFC, NERC and/or FERC. b. Attend all scheduled and unscheduled audits and spot checks in order to insure the audit/spot check is done correctly and to defend against any penalties that may be levied against City c. Development of Mitigations Plans as needed. d. NERC Audit Support e. Perform Mock Audit if time allows before the real one. Services shall be provided by the consultant on NERC/RFC support and directed by the City under a duly executed and approved Professional Services Agreement (PSA). A sample copy of the City’s standard PSA is attached as Exhibit A. The consultant shall, in the performance of the contract, maintain close communication with the City Project Manager or his/her representative. No work shall be performed on any specific task until the City has approved and signed the PSA for Scope of Work and issued a purchase order for the work.

3. RFP SUBMITTAL REQUIREMENTS Qualified Consultants shall prepare and submit a RFP. The maximum number of pages included in the RFP shall be limited to fifty (50), and all pages shall be typed and double-sided (this means that a maximum of twenty-five (25) pieces of paper shall be included between the covers). Other Promotional or other unsolicited materials that augment your expertise in NERC/RFC compliance support can be submitted. The consultant shall submit one (1) original (unbound), two (2) bound hard copies with one electronic copy on a thumb drive in PDF format of the RFP in a box or envelope clearly marked with the consultant’s name and the description CITY OF DOVER ELECTRIC REQUEST FOR PROPOSAL FOR NERC/RFC SUPPORT AND INTERNAL AUDIT REVIEW 15-0032EL ”. The RFPs shall be delivered to the City of Dover by the date noted on the cover sheet of this RFP. The information provided should be brief and relevant, and shall conform to the following requirements: 

Cover Page: The Cover page shall identify the document as a RFP for Professional Services for the City of Dover and include the name of the firm.



Transmittal Letter: The transmittal letter shall be limited to one page, shall identify the name, address, phone number, fax number and email address of the person that is authorized to discuss the RFP information with the City of Dover, and shall be signed by said person. It shall also specifically identify the particular activity classification(s) that the consultant has expertise in and is qualified to practice (as listed in Section 2 above).



Overview of the Firm Support Services and Costs: The Consultant shall include a brief description of the firm and shall list the specific activities (as listed in Section 2 above) that the Consultant has expertise in and is qualified to practice. Additional information should include years in business, number of projects completed, and annual volume of work, in dollars. Proposal Format: i. ii.

Page 3 of 11

Proposals shall be prepared with a logical sequence of tasks to be performed. Proposals shall include a Project Schedule indicating major milestones.

iii. iv. v.

vi.

vii. viii. ix. x.

Firms submitting proposals shall highlight their changes and list their exceptions to City standard terms and conditions for the City’s review. All labor costs shall be categorized by task and shall have estimated man-hours and a quoted hourly rate. The consultant shall not exceed for individual tasks. For the purpose of bidding, the Contractor shall include the cost to attend City Council Meetings and shall be quoted on a per meeting basis. Assume the attendance of two (2) meetings for the purpose of determining a total not-toexceed cost. For the purpose of bidding, the Contractor shall include the cost to hold briefings in City on a per meeting basis. Assume the attendance of six (6) meetings for the purpose of determining a total not-to-exceed cost. All other costs shall be itemized with the cost of each item indicated. Out-ofpocket cost markups (if applicable) shall be specified. A total not-to-exceed cost shall be included. Hourly rates shall also be included for out of scope work outlined in Section 2 Proposals shall include a "Payment Schedule" indicating required payments on a percentage basis. This payment schedule shall be used to authorize payments upon the completion of each task of the work.



Responsible Personnel: List the Principal-in-Charge, Project Manager, and key project staff available for the various work activities. A concise statement of Proposal and experience of each person is required. A project organizational chart of key personnel shall be included. Every person whose resume is provided shall be shown on the organization chart. All Consultant staff assigned to this project shall have a background check and pass NERC security for BES CIP standards per Consultant procedures and confirm such with the City after contract is awarded.



Related Experience: Include all experience on NERC/RFC for private and publ ic sector clients over the last five (5) years. References shall also be given on clients, for whom similar type projects have been performed, including a brief description of the work which was done. i. Projects information for the past five years; ii. A statement as to whether the Proposer is involved in any lawsuits that may affect the Proposer's ability to provide the Services. If so, provide details.

4. Contract Terms 1. The contract to perform the project will be awarded on a not-to-exceed basis. 2. The price quoted shall remain valid for a minimum of 60 days. 3. The Term of contract shall be for two years unless City gives 15 days’ notice to terminate. 4. The Consultant's quoted not-to-exceed cost shall remain firm for one year commencing with date of contract award and hourly rates can be adjusted after one year with City approval. 5. The City shall retain 5% of the payment amounts until all work is completed. 6. Any agreement resulting from this solicitation shall be limited only to the performance of the work described herein. It will not obligate the City to award the consultant any additional or follow-up work resulting from its performance, nor does it obligate the consultant to perform any additional work beyond the scope of this work. 7. Consultant shall submit hourly rates to be used for out of scope tasks. 8. Consultant shall submit and sign a Non-Disclosure agreement. 5. Required Deliveries and Time lines 1. All documents shall include all the details as listed in the above sections plus the additional information necessary to provide compliance with all RFC/NERC Standards.

Page 4 of 11

2. The following final reports/documents shall be required and submitted: a. Submit signed NDA b. Submit a letter confirming all staff pass background checks per Consultant policy. c. Kick Off meeting Early July 2015 d. Consultant document request Mid July 2015 e. Preliminary Gape Analysis report by October 2015 f. Updated documents and procedures by February 2016 or earlier. 3. All documents/reports must be supplied in Microsoft Word 2010. All reports shall become the property of CITY. 4. All drawings prepared by the Consultant shall be supplied to the City, electronic copy on CD in AutoCAD 2015. All such drawings shall become the property of CITY. 5. The Consultant shall hold a briefing either in person or by phone every two weeks using Microsoft power point presentation show/sheets to report the progress of the tasks. The Consultant shall hold minimum of six (6) briefings at critical progress points in Dover DE as directed by CITY. All briefing reports shall also be filed electronically to CITY. 6. City’s Responsibilities 1. Provide Electric System maps. 2. Provide any and all RFC/NERC files and existing procedures. 3. Access to all City Property. 4. Access to required information. 5. Access to the City decision-making authorities and engineering staff in order to complete the project. 6. BES Analyses reports. 7. All previous NOV and Settlements. 6. Proposal Submittal a. Proposals must be received by 2:00 PM, on May 22, 2015.

The consultant shall

submit one (1) original (unbound), two (2) bound hard copies with one electronic copy on a thumb drive in PDF format of the RFP in a box or envelope clearly marked with the consultant’s name and the description CITY OF DOVER ELECTRIC REQUEST FOR PROPOSAL FOR NERC/RFC SUPPORT AND INTERNAL AUDIT REVIEW 150032EL”. of the Proposal shall be submitted by mail or hand delivery at or before such time to: City of Dover Central Services 710 William Street Dover, Delaware 19904

CITY reserves the right to reject any proposal that misses the specified deadline. 2. Addenda or Amendments to the RFP during the period provided for the preparation of proposals, may be issued by CITY. These addenda will be numbered consecutively and will be distributed to each Respondent. These addenda will be issued by, or on behalf of, the CITY and will constitute a part of the RFP. All responses to this RFP shall be prepared with full consideration of the addenda issued prior to the Proposal submittal date. Page 5 of 11

3. Clarifications and all questions and/or requests for clarification pertaining to this RFP shall be directed in writing, marked "CITY OF DOVER ELECTRIC REQUEST FOR PROPOSAL FOR NERC/RFC SUPPORT AND INTERNAL AUDIT REVIEW 15-0032EL " to the Designated Contact Person at the address set forth above. Vendors are also encouraged to submit copies of their questions and/ or requests for clarifications to the Designated Contact Person via e-mail or facsimile in order to expedite receipt and response thereto. All such questions and/or requests for clarifications shall be submitted no later than April 30, 2015. All written questions, which are received on or prior to this date, will be considered. A copy of all responses thereto will be mailed or delivered by, or on behalf of, the CITY, to each Respondent on or prior to May 6, 2015. Responses will be issued in the form of addenda to this RFP. No oral interpretation, instruction, or information concerning this RFP given by any employee or agent of the CITY shall be binding on the CITY, and Proposers relying on such oral information risk having their Proposals deemed unresponsive by the CITY. The CITY will not be responsible for any explanation or interpretation of the RFP, unless such explanation or interpretation of the RFP is in accordance with the procedures outlined in this RFP 4. Each Proposal and/or completion of all information required pursuant to this RFP, including any revisions thereto resulting from requests for clarification/modification, shall be prepared at the sole cost and expense of the Proposer (including financial, advisory and legal costs). There shall be no claims whatsoever against the CITY, its staff, or consultants for reimbursement for the payment of costs or expenses (including financial, advisory and legal costs) incurred in the preparation of the Proposal or other information required by this RFP or procurement process. I. Evaluation of Proposals 1. The City will evaluate each Proposal by its components and in its entirety. In addition, the City will examine and consider any alternative proposals submitted.

Proposals shall be

evaluated based upon the total benefit to CITY, including unit price, total cost, overall value of the service offered, expected quality of service, and demonstrated ability of proposer to perform on similar contracts. The City may award a contract to the proposer that, in the City’s sole discretion, best meets the objectives listed above. The City reserves the right to accept or reject any or all proposals or parts thereof submitted in response to this Request for Proposals. The City reserves the right to enter into negotiations with one or more of the proposers in order to negotiate a contract that may differ from the proposals submitted 2. The City reserves the right to reject any or all proposals for any reasons whatsoever. 4. QUESTIONS All questions by April 30, 2015 concerning this RFP shall be submitted to: Harry Maloney Electric Director 860 Buttner Place Dover, Delaware 19904 302-736-7088 Page 6 of 11

Email: [email protected]

9. ATTACHMENTS 

Exhibit A: D r a f t City of Dover Professional Services Agreement (PSA)

Page 7 of 11

Exhibit A

Draft City of Dover Professional Services Agreement (PSA) PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DOVER AND

THIS AGREEMENT is made as of the day of in the year 2010, between The City of Dover, a Delaware Municipal Corporation, whose address is 15 East Loockerman Street, P.O. Box 475, Dover, Delaware 19903-0475 (hereinafter referred to as the CITY), and , whose address is , (hereinafter referred to as the PROFESSIONAL).

NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to this Agreement, and for other good and valuable considerations, the parties agree as follows:

1. Services. The PROFESSIONAL shall perform the following services: SEE REQUEST FOR PROPOSAL. Nothing herein shall limit the CITY's right to obtain proposals or services from other professionals for similar projects.

2. Insurance. insurance:

The PROFESSIONAL will maintain throughout this Agreement the following

a. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles. Coverage limit will be $1,000,000 combined single limits with the CITY named as an additional insured.

b. Professional liability insurance in the amount of $1,000,000. If the CITY requests that the PROFESSIONAL provide additional coverage beyond this amount, the cost of such additional coverage will be paid for by the CITY and invoiced as a direct expense from the PROFESSIONAL.

3. Indemnification. PROFESSIONAL agrees to indemnify the CITY from any claims, damages and costs arising out of claims by third parties for property damage and bodily injury, including, but not limited to, death, caused solely by the negligence or willful misconduct of PROFESSIONAL.

4. Cities, Laws, and Regulations. PROFESSIONAL will comply with all applicable Cityes, laws, regulations, standards, and ordinances in force during the term of this Agreement. Page 8 of 11

5. Permits, Licenses, and Fees. PROFESSIONAL will obtain and pay for all permits and licenses required by law that are associated with the PROFESSIONAL's performance of the Scope of Services.

6. Access to Records. PROFESSIONAL will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available for examination by the CITY during PROFESSIONAL's normal business hours. Said records will be maintained for a period of three (3) years after the date of the invoice.

7. Contingent Fees Prohibited. The PROFESSIONAL warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the PROFESSIONAL, to solicit or secure this Agreement and that he or she has not paid or agreed to pay any

person, company, corporation, individual, or firm, other than a bona fide employee working solely for the PROFESSIONAL any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach of this provision, the CITY shall have the right to terminate this Agreement without further liability, and at its discretion, deduct from the contract price, or otherwise recover, the full amount of any such fee, commission, percentage, gift or consideration paid in breach of this Agreement.

8. Payment. CITY shall compensate CONTRACTOR for their services in the following manner: SEE REQUEST FOR PROPOSAL. No other costs or services shall be billed to the CITY.

9. Ownership of Documents. All data, specifications, calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports, memoranda, and other documents, instruments, information and material prepared or accumulated by the PROFESSIONAL (or by such subconsultants and specialty consultants) in rendering services hereunder shall be the sole property of the CITY who may have access to the reproducible copies at no additional cost other than printing. Provided, that the PROFESSIONAL shall in no way be liable or legally responsible to anyone for the CITY's use of any such materials for another PROJECT, or following termination. All original documents shall be permanently kept on file at the office of the PROFESSIONAL.

10. Independent Contractor. The PROFESSIONAL is an independent contractor and as such will be responsible for paying his own Federal income tax and self-employment tax, or any other taxes applicable to the compensation paid under this agreement.

11. Assignment. Neither party shall have the power to assign any of the duties or rights or any claim arising out of or related to the Agreement, whether arising in tort, contract, or otherwise, without Page 9 of 11

the written consent of the other party. These conditions and the entire Agreement are binding on the heirs, successors, and assigns of the parties hereto.

12. No Third Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the PROFESSIONAL and the CITY.

13. Jurisdiction. The laws of the State of Delaware shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. In the event of any litigation arising under or construing this Agreement, venue shall lie only in Kent County, Delaware.

14. Term and Termination. All services to be rendered by the PROFESSIONAL within the Scope of Services within the Request for Proposal shall be completed on or before ______________________________. The term of this Agreement shall be for an initial term, up through and including __________________________. All or part of this Agreement may be terminated by the CITY for its convenience on fifteen (15) days written notice to the PROFESSIONAL. In such event, the PROFESSIONAL will be entitled to compensation for services competently performed up to the date of termination. In the event of termination not the fault of the PROFESSIONAL, the PROFESSIONAL shall be compensated for with Reimbursable Expenses then due and all Termination Expenses.

15. Contact Person. The primary contact person under this Agreement for the PROFESSIONAL shall be _____________________________. The primary contact person under this Agreement for the CITY shall be:

Harry Maloney Electric Director 860 Buttner Place Dover, Delaware 19904 302-736-7088 Email: [email protected] 16. Approval of Professionals. The CITY reserves the right to approve the contact person and the persons actually performing the professional services on behalf of PROFESSIONAL pursuant to this Agreement. If CITY, in its sole discretion, is dissatisfied with the contact person or the person or persons actually performing the professional services on behalf of PROFESSIONAL pursuant to this Agreement, CITY may require PROFESSIONAL assign a different person or persons be designated to be the contact person or to perform the professional services hereunder.

Page 10 of 11

17. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

18. Standard of performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession. All products of any nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates under each signature.

PROFESSIONAL

CITY OF DOVER

By:

By: City Manager

Title:

Attest: City Clerk

Date:

Page 11 of 11

Date: