191BWC18B0003.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

191BWC18B0003 X SEALED BID (IFB)

NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

05/15/2018

RATING

IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

8309S4221001

6. PROJECT NO.

CODE IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

7. ISSUED BY

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Philip Johnson

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL johnsonpk@state.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

The Contractor shall furnish all labor, material, and equipment necessary for upgrading the Hydrualic Gate System at Amistad Dam, Del Rio, Texas.

This is a FIXED PRICE CONTRACT.

In accordance with FAR Provision 52.236-27 Alt 1, Site Visit (Construction) (Feb 1995) - Alternate 1 - (Feb 1995), a site visit shall be held on Thursday, May 24, 2018 at 10:00 AM the USIBWC Amistad Office located at 670 Texas Spur 349, Del Rio, Texas 78840.

The estimated magnitude of this project is between $100,000.00 and $250,000.00.

The applicable NAICS CODE is 237120 -- Oil and Gas Pipeline and Related Structures Construction

Offerors shall submit their bid package in accordance with the information contained in the Invitation for Bid. Reference Subsection L.02 for Bid Submission.

11. The Contractor shall begin performance within ___10___ calendar days and complete it within ___45___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See __.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and __1__ copies to perform the work required are due at the place specified in item 8 by __03:00:00__ (hour) local time __06/15/2018 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

a.

b. An offer guarantee X is, is not required.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.

d.

Offers providing less than __120__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(e)

191BWC18B0003

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CONTACT: DUNS:

CODE FACILITY CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Philip Johnson 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C.01 Specifications and drawings D Packaging and Marking

D.01 Payment of Postage and Fees D.02 Marking

E Inspection and Acceptance F Deliveries or Performance G Contract Administration Data

G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer's Representative USIBWC G.04 Invoices

H Special Contract Requirements H.01 Performance and Payment Bonds (DEC 2015) H.02 Compensation and Liability Insurance (DEC 2015) H.03 Builders Risk Insurance (DEC 2015) H.04 Accident Prevention and Pre-Planning (DEC 2015) H.05 Construction Program (DEC 2015) H.06 Construction Safety Requirements (DEC 2015) H.07 Equipment Ownership and Operating Expense Schedule (DEC 2015) H.08 Contract Work Schedule (DEC 2015) H.09 Utility and Telephone Services (DEC 2015) H.10 Administration of Default (Fixed-Price Construction) (DEC 2015) H.11 Time Extensions for Unusually Severe Weather (DEC 2015) H.12 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) H.13 Damage from the Elements (DEC 2015) H.14 Contract Close Out Procedures (DEC 2015)

I Contract Clauses 52.227-17 Rights in Data - Special Works (Dec 2007) 52.232-18 Availability Of Funds (Apr 1984) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I (Apr 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents L Instructions, Conditions, and Notices to Offerors and Respondents

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.232-13 Notice Of Progress Payments (Apr 1984) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995) 52.214-12 Preparation Of Bids (Apr 1984) L.01 Pre-Bid Conference and Site Visit L.02 Bid Submission L.03 Bid Guarantee L.04 Qualifications of Bidders L.05 Contractor's Contract Administrator L.06 Availability of Forms

M Evaluation Factors for Award M.01 Award

001 Upgrading Penstock Number 5 Hydrualic Gate at Amistad Dam, Texas

1.00 EA

Doc Ref No: 8309S4221001 Delivery Date FOB:

Destination

191BWC18B0003

Line Item Summary

Solicitation Number:

191BWC18B0003

Contract Number: Title: Upgrade Penstock No. 5 Hydraulic Gate

Date of Solicitation:

05/15/2018

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C- Descriptions/Specifications/Statement of Work

C.01 Specifications and drawings

The specifications and drawings for this solicitation, 191BWC18B0003, are referenced in Section J and included as Attachments to this document.

Section D- Packaging and Marking

D.01 Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) and the Con-tracting Officer’s Representative (COR) shall be paid by the Contractor.

D.02 Marking

All information submitted to the CO or the COR shall be clearly marked to show the Name of the Contractor and the Contract Num-ber.

Section E- Inspection and Acceptance

Clause Title

52.246-12 Inspection of Construction (Aug 1996)

Section F- Deliveries or Performance

52.242-14 Suspension of Work (Apr 1984)

Section G- Contract Administration Data

G.01 Contracting Officer

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determ-inations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO. In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government.

All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. In the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation.

Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Govern-ment.

G.02 Designation of Contracting Officer

The Contracting Officer for this contract is:

Name: Philip Johnson Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4171 N Mesa, Suite C-100 El Paso, TX 79902 Telephone: 915-832-4714 Fax: 915-493-5664 Email: Philip.Johnson@ibwc.gov

Changes to the Contracting Officer shall be made in writing.

G.03 Contracting Officer's Representative USIBWC

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer’s Representative (COR) will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract.

The Contracting Officer’s Representative will be appointed in writing after contract award.

G.04 Invoices

All invoices submitted electronically to the USIBWC's Finance and Accounting Division shall be submitted to the following email ad-dress: invoices@ibwc.gov. A copy shall be furnished to the CO and COR. The CO or COR may request additional individuals to copy as needed.

Section H- Special Contract Requirements

H.01 Performance and Payment Bonds (DEC 2015)

(a) For contracts that exceed $150,000, the Contractor shall, within ten (10) calendar days after award of contract, furnish to the Gov-ernment bonds as follows:

(1) SF 25, Performance bond. Performance bond with a surety or sureties approved by the Contracting Officer, securing performance and fulfillment of the Contractor's obligations under this contract, with a penal amount of not less than 100 percent of the price of the contract at the time of award.

(2) SF 25A, Payment bond. Payment bond with a surety or sureties approved by the Contracting Officer, assuring payment as re-quired by law to all persons supplying labor or materials in the prosecution of the work provided for in the contract with a penal amount of not less than 100 percent of the price of the contract at the time of award.

(b) Costs. All costs of furnishing performance and payment bonds shall be included in the total bid in the schedule.

(c) Requirements for execution of surety bonds . Each surety company bond (performance or payment), that purports to have been executed by an agent or attorney in fact for the corporate surety, is required to have submitted with it a power of attorney to the signat-ory agency or attorney in fact, and (1) be executed by the corporate surety upon a date reasonably proximate to the date of the bond, or

(2) the power of attorney shall be accompanied by a certification of the surety to the effect that the power of attorney was in full force and effect upon a date reasonable proximate to the date of the bond.

(d) Individual Sureties.

(1) If individual surety bonds are furnished for payment and performance bonds, the individual sureties must submit with their bonds proof of ownership and value of the assets which they claim in their net worth. The Government's preferred method of proof is to have a statement of net worth prepared by a certified public accountant in accordance with generally accepted accounting principles. The statement of net worth on the SF 28, Affidavit of Individual Suretyis not in itself sufficient and will not be accepted absent of ad-ditional proof of value and ownership.

(2) Bidders are also cautioned that individual sureties must provide complete and detailed information in block 10 of the SF 28 con-cerning other contracts on which they have provided bonds. This information should include contract number, contract location, amount and type of bond, email address, and telephone number of the involved contracting officer.

(3) Failure to provide the proof and information requested above will cause delays to the start of construction for which the contractor must bear the responsibility, and may result in termination of contract for failure to provide adequate bonds.

[End of Clause]

H.02 Compensation and Liability Insurance (DEC 2015)

The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insurance as follows:

(a) General Liability Insurance for bodily injury and property damage with minimum limits $500,000 each occurrence with an aggregate of $1,000,000.

(b) Automobile Liability for bodily injury and property damage with minimum of $250,000 for injury to or death of any one (1) person, $500,000 each accident or occurrence for bodily injury, and $100,000 for each accident or occurrence for property damage liability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' com-pensation laws and Employers General Liability with minimum limits of $100,000 each accident, bodily injury by disease $100,000 each employee, $500,000 aggregate. In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the

Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law.

The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mex-ico, as additionally insured. The requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insur-ance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Con-tracting Officer, whichever period is longer. The Contractor's written certification shall be accompanied by either a Certificate issued by the insurer or photocopies of the insurance policies which reflect that the cancellation/change provisions of this contract have been met.

The Contractor shall insert the substance of this clause including this paragraph in subparagraphs under this contract and shall require subcontractors to provide and maintain the same limits.

At least 5 days prior to each such subcontractor's personnel commencing work on this project, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements as stated above.

[End of Clause]

H.03 Builders Risk Insurance (DEC 2015)

(a) The Contractor is responsible for losses suffered prior to Government acceptance of the work. Therefore, the Contractor is respons-ible for protection of the work and repair of damages. For the protection of the Contractor and the Government, the Contractor is re-quired to obtain Builder's Risk Insurance with the maximum level of coverage available in the project locality and no less than 100% of the contract price.

(b) The Contractor shall not commence work under this contract until he has obtained all the insurance required and such insurance has been approved by the Contracting Officer, nor shall the Contractor allow any subcontractor to commence work on their subcon-tract until the insurance required of the subcontractor has been so obtained and approved.

(c) The Contractor shall procure within ten (10) calendar days after award of contract, and maintain during the life of this contract, Builder's Risk Insurance based on 100 percent (100%) of the completed value of the insurable portion of the project.

(d) The Contractor shall furnish the Contracting Officer with certificates showing the type, amount, class of operations covered, ef-fective dates and dates of expiration of policies. Such certificates shall also contain substantiallythe following statement: "The insur-ance covered by this certificate will not be canceled or materiallyaltered, except after thirty (30) calendar days written notice has been received by the Contracting Officer."

(e) The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as an additional insured.

[End of Clause].

H.04 Accident Prevention and Pre-Planning (DEC 2015)

With reference to the requirements of Contract Clause 52.236-13 (Alternate I) for an overall safety program, the Contractor shall:

(a) Submit a detailed plan for performing each major phase of work.

(b) Require Subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

(c) Be prepared to discuss the plans in conferences convened by the Contracting Officer or Contracting Officer’s Representative prior to starting work on each major phase of work. Plans shall include all pertinent information, such as methods of providing safety meas-ures for personnel performing required work. The plan for accomplishing work shall be submitted prior to commencing operations.

[End of Clause]

H.05 Construction Program (DEC 2015)

(a) The Contractor shall submit a progress schedule of construction in accordance with the requirements set forth in the SOW. The Contractor's progress schedule shall account for the assigned workday calendar, seasonal weather conditions, and other constraints considered in the planning and scheduling of all work to ensure the completion within the allotted contract time. The progress sched-ule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a progress schedule within the time prescribed, the Contracting Officer (CO) may withhold ap-proval of progress payments until the Contractor submits the required progress schedule. Until such time as the submitted progress schedule is compliance confirmed as the official schedule of the project, the CO may withhold approval of progress payments.

(b) If, in the opinion of the CO, the Contractor falls behind the compliance confirmed progress schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the CO, without additional cost to the Government. In this circumstance, the CO may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the CO deems ne-cessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the CO under this clause shall be grounds for a determination by the CO that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the con-tract. Upon making this determination, the CO may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

[End of Clause]

H.06 Construction Safety Requirements (DEC 2015)

(a) Offerors shall obtain and review the current Construction Industry "OSHA Safety and Health Standards (29 CFR 1926)" and the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated November 30, 2014 Offerors shall util-ize these standards in preparing required safety programs.

(b) The Contractor shall comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated November 30, 2014. This manual is available from:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

(c) In the event there is a conflict between the requirements contained in OSHA Safety and Health Standards (29 CFR 1926), U.S.

Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1), specifications paragraphs, Contractor's approved safety program, or referenced safety and health standards, the more stringent requirement will prevail.

[End of Clause]

H.07 Equipment Ownership and Operating Expense Schedule (DEC 2015)

(a) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records.

When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110 1 8, "Construction Equipment Ownership and Operating Expense Schedule," Region VI (available online at http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx). Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the Schedule in effect at the time for the work was performed shall apply.

(b) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease purchase or sale leaseback ar-rangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated leases are allowable. Costs for major repairs and over-haul are unallowable.

[End of Clause]

H.08 Contract Work Schedule (DEC 2015)

Normal working hours for the Contractor shall not be earlier than 6:00 am nor later than 5:30 pm, Monday through Friday, excluding Federal Holidays. The Contractor shall not exceed 40 hours per week for normal working hours. If the Contractor wishes to work dur-ing periods other than that above or in excess of 40 hours per week, additional Government inspection forces will be required. The Contractor shall notify the Contracting Officer's Representative (COR) three (3) business days in advance of their desire to work dur-ing other periods to allow the determination if additional inspection forces are reasonably available. If such forces are reasonablyavail-able, the Contracting Officer or COR may authorize the Contractor to perform work during periods other than normal duty hours/days or in excess of 40 hours per week; however, if additional inspection forces are required to perform in excess of their normal duty-hours/days, the actual cost of the overtime inspection at overtime rates will be charged to the Contractor and will be deducted from the final payment of the Contract amount. Consistent with Section 6103(a) of Title 5 of the United States Code the following are legal public holidays:

New Year’s Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in January.

Washington’s Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Vterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

A listing of Federal Holidays are available at the following link:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

For Holidays that fall on a Saturday, for Federal employees, the preceding Friday will be treated as a holiday for pay and leave pur-poses (See 5 U.S.C. 6103(b)).

For Holidays that fall on a Sunday, for Federal employees, the following Monday will be treated as a holiday for pay and leave pur-poses (See section 3(a) of Executive order 11582, February 11, 1971).

If the above holidays are a paid holiday and results in works hours in excess of 40 hours in any workweek, laborers and mechan-ics shall be paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours consistent with FAR Clause 52.222-4.

Note.

The port of entry is open from 10:00 a.m. to 6:00 p.m. If the Contractor requires to begin work prior to the port of entry opening, this must be coordinated with the Amistad Dam Area Operations Manager. Contractor personnel can be allowed onto the project site prior to 10:00 a.m. but must wait for the Port of Entry to open before leaving the project site.

[End of Clause]

H.09 Utility and Telephone Services (DEC 2015)

The U.S. Section, International Boundary and Water Commission will not provide utility except electrical (water, internet, gas, and electricity) and telephone services to the Contractor. The Contractor shall, at their own expense and in a work man like manner satis-factory to the Contracting Officer, install and maintain all necessary temporary connections and distribution lines, and shall remove the same prior to final acceptance of the work by the Government.

The Contracto will have access to electrical power from a location near Penstock Number 5.

[End of Clause]

H.10 Administration of Default (Fixed-Price Construction) (DEC 2015)

(a) Notwithstanding paragraph (b)(1)(xi) of Contract Clause 52.249-10, Default (Fixed-Price Construction), the Contractor shall not be excused for delays, and shall be liable for any excess costs for failure to perform, if the subcontracted or purchased supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other performance requirements.

(b) Unusually severe weather, as used in paragraph (b)(1) of Contract Clause 52.249-10, Default (Fixed-Price Construction), means adverse weather which at the time of the year in which it occurred, was unusual for the place in which it occurred. No matter how severe or destructive, if the weather is not unusual for the particular time and place, or if a Contractor could have reasonably foreseen it, the Contractor is not entitled to an extension in contract time. Climatological records are available for the Contractor's information online from the National Weather Service. The Government shall not be responsible for any interpretation or a conclusion drawn from the data or information by the Contractor.

(c) Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, adverse weather will be recorded on a calendar day basis (including weekends and holidays). The COR will examine these records each month and determ-ine whether the Contractor is entitled to a time extension. Adverse weather must prevent work for 50% or more of the Contractor's work during any workday and delay work critical to the timely completion of the project.

[End of Clause]

H.11 Time Extensions for Unusually Severe Weather (DEC 2015)

(a) This provision specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction). The listing below defines the monthly anticipated adverse weath-er for the contract period and is based on NOAA or similar data for the geographical location of the project. The weather conditions for this contract is based upon the weather station at Del Rio Airport http://www.weather.gov/bro/

Monthly Anticipated Adverse Weather Calendar Days Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2 1 1 0 0 0 4 4 2 0 0 2 16

(b) Determination:

(1) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time eval-uations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded on a calendar day basis (including weekends and holidays) and compared to the monthly anticipated weather in subparagraph (a) above. For purposes of subparagraph (b), the term actual adverse weather days shall include days im-pacted by actual adverse weather days.

(2) The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the number of actual adverse weather days anticipated in subparagraph (a) above have been incurred, the Contracting Officer will ex-amine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension. These sub-sequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's work day and delaywork crit-ical to the timely completion of the project. These subsequently occurring adverse weather days must fall on a scheduled work day to count towards the entitled time extension. The Contracting Officer will convert any delays to meeting the above requirements to calen-dar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction).

(3) The Contractor shall not request a modification to the contract to add the adverse weather delay days more frequently than every fourth month after the start of mobilization.

(c) The Contractor's progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

[End of Clause]

H.12 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015)

(a) In the event the Government elects to direct a change order or enter into a contract modification that increases the scope of work during the course of performance of this contract, allowances for overhead and fee of higher tier subcontractors and the prime contractor shall be subject to the limitations below.

(b) Changes and Modifications up to $150,000.00 (Exclusive of Mark-ups)

(1) No subcontractor, vendor or material man, at any level, shall apply markups in excess of 10% overhead and 10% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is per-formed by a lower tier subcontractor subject to the restrictions described below.

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier subcon-tract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier sub-contractor is increased by $150,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $157,500.00 ($150,000.00 x 1.05).

(3) Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office super-visors and staff (including clerical), home office overhead, field overhead, security, use of small tools, and incidental job site burdens (including office equipment, trailer rental, utilities).

(4) Bond premium adjustments and state and local taxes arising out of changes and modifications directed by the Government shall be subject to a separate allowance independent of the overhead and fee limitations described above.

(5) The fee and overhead limitations described above shall not apply to self performed work by any contractor at any level.

(6) In the event that a modification or change order results in a credit(s) to the Government, the same fee and overhead restric-tions shall be applied in calculating the reduction in contract price.

(c) Changes and Modifications from $150,000.01 to $499,999.99 (Exclusive of Mark ups) Modify paragraphs (1) and

(2) above asfollows:

(1) No subcontractor or vendor, at any level, shall apply markups in excess of 2.0% overhead and 2.0% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions in paragraph (b) above.

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 4% of the price, or adjustment in price, to the lower tier subcon-tract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $200,000.00, and work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not ex-ceed $208,000.00 ($200,000.00 x 1.04).

(d) Changes and Modifications exceeding $500,000.00 (Exclusive of Mark ups) Modify paragraphs (1) and (2) above as follows:

(1) No subcontractor or vendor, at any level including the general contractor, shall apply markups in excess of 1.5% overhead and 1.5% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below:

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors, regardless of how of the number of tiers of subcontractors, and the general contractor may not exceed 3% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a second tier (i.e. two tiers below the general contractor) subcontractor is increased by $600,000.00, and work performed by this second tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the result-ing increase in the price of the prime contract shall not exceed $618,000.00 ($600,000.00 x 1.03).

(3) The 3% total markup limitation described in paragraphs d(1) and d(2a) above shall not apply shall not apply if sixty percent (60%) or more of the cost of the physical work contemplated by a change order or modification is performed by a subcontractor or vendor that is three or more levels below the General Contractor. In this event, the total markup limitation shall not exceed 2%.

The limitations on the markup of individual subcontractors, vendors or the general contractor described in paragraph d (1) remains un-changed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $600,000.00, and work performed by this fifth tier subcontractor constitutes sixty percent or more of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $612,000.00 ($600,000.00 x 1.02).

(e) Additional Clarification Regarding Multi-Part Changes

(1) In the event that the physical work arising out of a change order or contract modification is performed by two or more firms, the value of the change for the purposes of this provision shall be based on the cumulative value of the physical work performed by all subcontractors and vendors. For example, if as a result of a change order or contract modification, the fourth and fifth tier subcontractors perform work with a negotiated value of ninety five thousand dollars ($95,000) and sixty five thousand dollars($65,000) respectively, the cumulative value of the change is one hundred sixty thousand dollars ($160,000.00).

(2) Therefore, the change falls into the second category, $150,000.01 to $499,999.99, and the sum of all markups for overhead and profit may not exceed 4% and the resulting increase in the price of the prime contract shall not exceed $166,400 ($160,000 x 1.04).

(f) Clarification of Contractor Levels

NAME DESCRIPTION LEVEL TIER

Contractor Contractor or General Contractor Top Level Tier 1 Subcontractor 1 Subcontractor to Contractor 1 Level Below Tier 2 Subcontractor 2 Subcontractor to Contractor 1 2 Level Below Tier 3 Subcontractor 3 Subcontractor to Contractor 2 3 Level Below Tier 4 Subcontractor 4 Subcontractor to Contractor 3 4 Level Below Tier 5

[End of Clause]

H.13 Damage from the Elements (DEC 2015)

All damage and loss (whether caused by fire, flood, or any other casualty or happening) to work to be constructed or performed pursu-ant to the contract (whether or not covered by partial payments made by the Government) shall be at the risk of the Contractor until fi-nal acceptance of the work by the Government, and no such damage or loss shall relieve the Contractor of, or in any way affect, the obligations to complete and deliver the work in accordance with the contract requirements, irrespective of any insurance carried by the Contractor.

The Contractor shall assume full responsibility and expenses for removing, protecting and returning to the work site, any and all equipment under their care which might be endangered by said fire, flood, or happening; also, for any interference or delay in opera-tions which might be caused by such incident(s). Any re-excavation or re-filling made necessary by damage from floods, hurricanes, storms, or water of whatever source or quantity during the course of construction and until final acceptance by the Government, shall be performed by the Contractor at their expense.

[End of Clause]

H.14 Contract Close Out Procedures (DEC 2015)

The following are items required from the Contractor prior to Final Payment for Construction:

1) AIA G707 or equivalent to, Consent of Surety Company to Final Payment

2) AIA G706 or equivalent to, Contractor's Affidavit of Payment of Debts and Claims

3) AIA G706A or equivalent to, Contractor's Affidavit to Release of Liens

4) IBWC Form 243, Release of Claims

5) IBWC Form 255, Certificate of Substantial Completion

[End of Clause]

Section I- Contract Clauses

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.214-26 Audit and Records - Sealed Bidding (Oct 2010)

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modifications - Sealed Bidding (Aug 2011)

52.214-28 Subcontractor Certified Cost or Pricing Data - Modifications - Sealed Bidding (Oct 2010)

52.214-29 Order of Precedence - Sealed Bidding (Jan 1986)

52.219-8 Utilization of Small Business Concerns (Nov 2016)

52.222-1 Notice to the Government of Labor Disputes (Feb 1997)

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2014)

52.222-6 Construction Wage Rate Requirements (May 2014)

52.222-7 Withholding of Funds (May 2014)

52.222-8 Payrolls and Basic Records (May 2014)

52.222-9 Apprentices and Trainees (July 2005)

52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

52.222-11 Subcontracts (Labor Standards) (May 2014)

52.222-12 Contract Termination - Debarment (May 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)

52.222-14 Disputes Concerning Labor Standards (Feb 1988)

52.222-15 Certification of Eligibility (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.222-35 Equal Opportunity for Veterans (Oct 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug Free Workplace (May 2001)

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-4 Patent Indemnity - Construction Contracts (Dec 2007)

52.227-17 Rights in Data - Special Works (Dec 2007)

52.228-2 Additional Bond Security (Oct 1997)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.228-11 Pledges of Assets (Jan 2012)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds - Construction (Oct 2010)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-5 Payments under Fixed-Price Construction Contracts (May 2014)

52.232-16 Progress Payments (Apr 2012)

52.232-17 Interest (May 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-1 Performance of Work by the Contractor (Apr 1984)

Fifty Five (55%);

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-5 Material and Workmanship (Apr 1984)

52.236-6 Superintendence by the Contractor (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

52.236-11 Use and Possession Prior to Completion (Apr 1984)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.243-4 Changes (June 2007)

52.244-6 Subcontracts for Commercial Items (Jan 2017)

52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering--Construction (Oct 2015)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-10 Default (Fixed-Price Construction) (Apr 1984)

52.249-10 Alt II Default (Fixed-Price Construction) (Apr 1984) - Alternate II (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.236-21 Specifications and Drawings for Construction (Feb 1997)

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I (Apr 1984)

52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than forty five (45) calander days.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calen-dar date.

52.225-9 Buy American - Construction Materials (May 2014)

(a) Definitions. As used in this clause--

"Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.