191BWC18R0002.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

191BWC18R0002 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

01/10/2018

6. REQUISITION/PURCHASE NUMBER

8309S5201186

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 (If other than Item 7)

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

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in __See Block 8__ until __03:00:00__ local time __02/13/2018 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Lanisa McCollum

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

Lanisa.McCollum@ibwc.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 9-11

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS 12

X D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 6 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

13-16

X F DELIVERIES OR PERFORMANCE 7

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 17-18X G CONTRACT ADMINISTRATION DATA 8

X M EVALUATION FACTORS FOR AWARD 19H SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: IBWC_ International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Lanisa McCollum

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

01/09/2018

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

191BWC18R0002

915-832-4120

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs D Packaging and Marking

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

E Inspection and Acceptance 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984)

F Deliveries or Performance 52.247-34 F.O.B. Destination (Nov 1991) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984)

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer's Representative G.04 Invoices

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 (Jul 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014) 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2014) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-6 Drug Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-1 Buy American - Supplies (May 2014) 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)

52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 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) 52.244-6 Subcontracts for Commercial Items (Oct 2014) 52.246-25 Limitation of Liability - Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.222-26 Equal Opportunity (Sept 2016) 52.227-14 Rights in Data - General (May 2014) 52.232-18 Availability Of Funds (Apr 1984) 52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.248-1 Value Engineering (Oct 2010) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-8 Annual Representations and Certifications (Dec 2014)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2004) 52.215-16 Facilities Capital Cost of Money (June 2003) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.237-1 Site Visit (Apr 1984) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Contractor's Contract Administrator L.02 Source Evaluation and Selection Procedures L.03 Release of Attachments A, B, C

M Evaluation Factors for Award M.01 Evaluation Factors for Award

This is a Non-Personal, Firm Fixed Price (FFP) Service Contract. The Contractor shall provide all personnel, supervision, management, equipment, transportation, supplies, and any other item necessary to perform all work as identified in this contract.

001 The Contractor shall provide all labor, material, equipment, subsontracting, supervision, and management to perform the Amistad and Falcon Hydroelectric Power Plants NERC and Texas Reliability Entity Compliance Services in accordance with the attached SOW

1.00 EA

Doc Ref No: 8309S5201186 Delivery Date FOB:

Destination

002 No Cost Receiving Lines (Internal Use Only) 20.00 EA Doc Ref No: 8309S5201186

Delivery Date FOB:

Destination

191BWC18R0002

Line Item Summary

Solicitation Number:

191BWC18R0002

Contract Number: Title: TRE - Texas Reliability Entity Date of Solicitation:

01/10/2018

Line Item No. Description Quantity Unit Unit Price Total Cost

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 Solicitation Number 191BWC18R0002.

Section E- Inspection and Acceptance

Clause Title

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

Section F- Deliveries or Performance

52.247-34 F.O.B. Destination (Nov 1991)

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay 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 Gov-ernment. 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 devi-ation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.02 Designation of Contracting Officer

The CO for this contract is:

Name: Lanisa McCollum Address: 4171 N Mesa St, STE C100

El Paso, TX 79902-1441 Telephone: 915-832-4120 Fax 915-600-7388 Email: Lanisa McCollum@ibwc.gov

G.03 Contracting Officer's Representative

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer's Representative 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 limits of the Contracting Officer's Representative will be in accordance with FAR 1.604.

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

G.04 Invoices

All invoices shall be submitted electronically to the USIBWC's Finance and Accounting Division (FAD) at invoices@ibwc.gov. A copy shall be provided to the Contracting Officer and the Contracting Officer's Representative.

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 (Jul 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013)

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

52.215-2 Audit and Records - Negotiation (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)

52.219-8 Utilization of Small Business Concerns (Oct 2014)

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

52.222-3 Convict Labor (June 2003)

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

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-35 Equal Opportunity for Veterans (Jul 2014)

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

52.222-37 Employment Reports on Veterans (Jul 2014)

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

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Aug 2013)

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

52.223-6 Drug Free Workplace (May 2001)

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

52.225-1 Buy American - Supplies (May 2014)

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)

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

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jul 2013)

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

52.244-6 Subcontracts for Commercial Items (Oct 2014)

52.246-25 Limitation of Liability - Services (Feb 1997)

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

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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

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

52.222-26 Equal Opportunity (Sept 2016)

52.227-14 Rights in Data - General (May 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.248-1 Value Engineering (Oct 2010)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

www.acquisition.gov [Insert one or more Internet addresses] [Insert one or more Internet addresses]

(End of clause)

Section J- List of Attachments

Identifier Title Date Number of Pages

1 Service for Compliance of the TRE 01/09/2018 16 2 ATTACHMENT A Summary of Possible Violation Compliance 01/09/2018 1 3 ATTACHMENT B Mitigation plan milestone IBWC draft 01/09/2018 1 4 ATTACHMENT C Possible Violation Schedule 01/09/2018 2 5 ATTACHMENT D Non-Disclosure Agreement (NDA) for SBU-(2017) 01/09/2018 2 6 ATTACHMENT E Non Disclosure Agreement 01/09/2018 2

Section K- Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-8 Annual Representations and Certifications (Dec 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238290.

(2) The small business size standard is $15.0 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a con-struction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the cor-responding individual representations and certifications in the solicitation. The offeror shall indicate which op-tion applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicita-tions when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I ap-plies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II ap-plies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III ap-plies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provi-sion applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relat-ing to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher edu-cational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Mainten-ance, Calibration, or Repair of Certain Equipment-Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror veri-fies by submission of the offer that the representations and certifications currently posted electronically that ap-ply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incor-porated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certifica-tion(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause No. Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

Section L- Instructions, Conditions, and Notices to Offerors and Respondents

52.204-7 System for Award Management (Jul 2013)

52.204-16 Commercial and Government Entity Code Reporting (Nov 2014)

52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014)

52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2004)

52.215-16 Facilities Capital Cost of Money (June 2003)

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

52.237-1 Site Visit (Apr 1984)

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.216-1 Type of Contract (Apr 1984)

The Government contemplates award of a firm fixed priced contract resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of re-ceipt from see Section G.02.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The of-feror is cautioned that the listed provisions may include blocks that must be completed by the offeror and sub-mitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov [Insert one or more internet addresses] [Insert one or more internet addresses]

(End of provision)

L.01 Contractor's Contract Administrator

Offeror is requested to delegate a person to be contacted for prompt contract administration.

Name: ___________________________________________ Address: ___________________________________________ Telephone: __________________ Mobile: _________________ Fax: __________________ E-mail: ___________________________________________

L.02 Source Evaluation and Selection Procedures

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors (Lowest Price Technically Acceptable - LPTA).

Non-cost Factors:

(1) Technical Approach - Provide a two (2) to three (3) page narrative addressing the items in the Scope of Work (SOW). The narrat-ive shall at a minimum include your plan of action, proposed schedule and key team members. The schedule shall include periodic visits to the plant to ensure familiarity with production and training as detailed in the SOW.

(2) Past Performance - Provide three (3) references for similar projects to include experience in the ERCOT region. The information shall include name of person, company, phone number, email address, and brief description of the project. The USIBWC will send out past performance questionnaires to the references.

The past performance will then be evaluated on the currency and relevance of the information, source of the information, context of the data, and general trends in the contractor’s performance to determine the likelihood of success in meeting the Government's re-quirements.

Pursuant to FAR 15.305(a)(2)(iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

L.03 Release of Attachments A, B, C

The USIBWC will only release on an individual basis Attachments A, B & C to prospective contractors that submit signed Attach-ment D (Non-Disclosure Agreement (NDA) for SBU) & Attachment E (Non-Disclosure Agreement and Conflict of Interest) by email submission to Lanisa.McCollum@ibwc.gov no later than 4:00pm MST on Wednesday, January 24, 2018.

Section M- Evaluation Factors for Award

M.01 Evaluation Factors for Award

The Government will award a contract resulting from this solicitation to the responsible Offeror based on Lowest Price Technically Acceptable. Price will be based on the total amount for all CLINs. Technical acceptability will be based on (1) Technical Approach and (2) Past Performance (See Section L.02).

All information received by the due date with pricing and sufficient technical documentation to establish a bonafide capability to meet the requirement will be considered by the USIBWC.