191BWC20R0001.pdf

SOLICITATION, OFFER, AND AWARD

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

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

191BWC20R0001 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

02/12/2020

6. REQUISITION/PURCHASE NUMBER

20202061027

CODE: IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

7. ISSUED BY

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

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 __2__ 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

__N/A__ until __15:00:00__ local time __03/12/2020 __

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 1-4 X I CONTRACT CLAUSES 19-24

X B SUPPLIES OR SERVICES AND PRICES/COSTS 5-6 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 7 X J LIST OF ATTACHMENTS 25

X D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

26-31

X F DELIVERIES OR PERFORMANCE 10

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 32-37X G CONTRACT ADMINISTRATION DATA 11-12

X M EVALUATION FACTORS FOR AWARD 38X H SPECIAL CONTRACT REQUIREMENTS 13-18

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

4191 NORTH MESA ST

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

02/12/2020

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)

191BWC20R0001

915-832-4120

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.01 Pricing

C Descriptions/Specifications/Statement of Work C.01 Performance Work Statement

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

E Inspection and Acceptance 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) E.01 Time Required for Inspection and Acceptance E.02 Inspection and Acceptance

F Deliveries or Performance 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.247-35 F.o.b. Destination, Within Consignee's Premises (Apr 1984) F.01 Place of Performance F.02 Contract Period of Performance F.03 Task Order Period of Performance F.04 Destination for F.O.B. Destination

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer's Representative G.04 Payments G.05 Invoices G.06 Accounting and Appropriation Data 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

H Special Contract Requirements H.01 General Information H.02 Government-Contractor Relationships H.03 Control of Study and Analysis Reports H.04 Control of Information H.05 Notification to the Government of Delays H.06 Minimum Guarantee H.07 Fair Opportunity Procedures H.08 Ordering Procedures -- Request for Task Order Proposal H.09 Task Orders with Options H.10 Reimbursement of Travel Costs H.11 Contract Close Out Procedures for Services H.12 Limitations on Subcontracting

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 Whistlerblower Rights (Sep 2013) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

191BWC20R0001

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 (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.217-8 Option to Extend Services (Nov 1999) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-14 Limitations on Subcontracting (Jan 2017) 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 2018) 52.222-17 Nondisplacement of Qualified Workers (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 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) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-14 Rights in Data - General (May 2014) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 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) 52.232-11 Extras (Apr 1984) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-32 Performance-Based Payments (Apr 2012) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Aug 2019) 52.245-1 Government Property (Jan 2017) 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) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 52.232-17 Interest (May 2014) 52.245-9 Use and Charges (Apr 2012) 52.248-1 Value Engineering (Oct 2010) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments J.07 Amendments J.08 Order of Attachments

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-8 Annual Representations and Certifications (Oct 2018) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.216-27 Single or Multiple Awards (Oct 1995) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.207-6 Solicitation of Offers From Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Oct 2016) 52.215-1 Instructions to Offerors-Competitive Acquisition (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 Instructions to Offerors L.02 Questions L.03 Contractor's Contract Administrator

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M.01 Evaluation Plan M.02 Basis for Award

001 BASE YEAR - Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract for Environmental Services

1.00 EA

Type of Contract Pricing:

Doc Ref No: 20202061027 Delivery Date (Start to End) Date FOB:

05/01/2020 to 04/30/2021 Destination

002 OPTION YEAR 1 - Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract for Environmental Services

1.00 EA

Type of Contract Pricing:

Doc Ref No: 20202061027 Delivery Date (Start to End) Date FOB:

05/01/2021 to 04/30/2022 Destination

003 OPTION YEAR 2 - Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract for Environmental Services

1.00 EA

Type of Contract Pricing:

Doc Ref No: 20202061027 Delivery Date (Start to End) Date FOB:

05/01/2022 to 04/30/2023 Destination

004 OPTION YEAR 3 - Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract for Environmental Services

1.00 EA

Type of Contract Pricing:

Doc Ref No: 20202061027 Delivery Date (Start to End) Date FOB:

05/01/2023 to 04/30/2024 Destination

005 OPTION YEAR 4 - Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ), Multiple Award Contract for Environmental Services

1.00 EA

Type of Contract Pricing:

Doc Ref No: 20202061027 Delivery Date (Start to End) Date FOB:

05/01/2024 to 04/30/2025 Destination

B.01 Pricing

This Contract will be a firm fixed price (FFP), indefinite delivery, indefinite quantity (IDIQ), multiple award contract for environ-mental services. Work will be authorized under this Contract by the issuance of individual Task Orders. The pricing for individual Task Orders shall be consistent with the pricing of this section. The rates provided below are the Contractor's fully burdened labor rates inclusive of direct labor, indirect costs, overhead, general & administrative, profit, and respective escalation rate for Option Years. Travel costs will be addressed under individual Task Orders and reimbursed in accordance with Contract Clause H.10. Other direct costs will be reimbursed as authorized in individual Task Orders. These rates are the maximum rates allowable during the con-tract performance period.

All costs shall be inclusive of all applicable federal, state, and local taxes.

Contract Base Year Option Year Hourly Rate Labor Categories Hourly Rate 1 2 3 4

191BWC20R0001

Line Item Summary

Solicitation Number:

191BWC20R0001

Contract Number: Title: Environmental Services IDIQ Date of Solicitation:

02/12/2020

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C- Descriptions/Specifications/Statement of Work

C.01 Performance Work Statement

The Performance Work Statement (PWS) for this Solicitation is referenced in Section J and included as an attachment to this docu-ment.

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

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

E.01 Time Required for Inspection and Acceptance

The time required by the Government for inspection and acceptance, of each deliverable/submittal shall be in accordance with the Statement of Work and defined schedule for each Task Order. Method of preparation, to include quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with this Contract, the Task Order Statement of Work, and defined schedule for each Task Order.

E.02 Inspection and Acceptance

a. Inspection. Inspection of all deliverable/submittal items will be by the appointed COR or CO as set forth in this Contract and indi-vidual Task Order.

b. Acceptance. Acceptance will be by the appointed COR or CO based upon conformance to the requirements set forth in this Contract and individual Task Order. CO acceptance will be based upon the COR's technical inspection and recommendations.

Section F- Deliveries or Performance

52.242-15 Stop-Work Order (Aug 1989)

52.242-17 Government Delay of Work (Apr 1984)

52.247-35 F.o.b. Destination, Within Consignee's Premises (Apr 1984)

F.01 Place of Performance

The required projects or services shall be performed along the United States/Mexico international boundary from the mouth of the Rio Grande at the Gulf of Mexico to the Pacific Ocean. Locations shall be along the United States and Mexico international border in the United States (states of Texas, New Mexico, Arizona, and California). Some projects in the U.S. may require coordination with Mex-ican entities and knowledge of Mexican regulations to complete the specified work. The work areas may be inside USIBWC buildings or outside at various terrains along the border to include desert, riverine, lake, mountain, and vegetated areas. In rare instances, some locations may be several miles from the border and these instances shall be identified in individual Task Orders issued under this Con-tract.

F.02 Contract Period of Performance

The period of performance in the awarded contracts are expected to be as follows:

Base Year: 05/01/2020 through 04/30/2021.

Option Year 1 (if exercised): 05/01/2021 through 04/30/2022.

Option Year 2 (if exercised): 05/01/2022 through 04/30/2023.

Option Year 1 (if exercised): 05/01/2023 through 04/30/2024.

Option Year 1 (if exercised): 05/01/2024 through 04/30/2025.

Options to extend services shall be exercised at the unilateral right of the Government in accordance with FAR 17.207. The award of this Contract for the base year does not create any right in this Contract for option years.

F.03 Task Order Period of Performance

The period of performance for each individual Task Order shall be identified in each individual Task Order.

F.04 Destination for F.O.B. Destination

The destination for F.O.B. Destination shall be specified in individual Task Order.

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: 4191 N Mesa St

El Paso, TX 79902 Telephone: 915-832-4120 Fax: 915-600-7388 Email: Lanisa.McCollum@IBWC.GOV

G.03 Contracting Officer's Representative

The CO shall designate a technical representative to act for the CO during the contract period. The COR will act for the CO 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 CO by executed modification to the contract. The limits of the COR will be in accordance with

FAR 1.604.

The COR for the IDIQ Contract will be appointed in writing after contract award. Individal CORs may be appointed at the Task Or-der level as merited by the dollar amount for individual Task Orders.

G.04 Payments

Payment will be made against individual Task Orders and in accordance with Contract Clause 52.232-1 Payments. The invoicing schedule for each individual Task Order will be negotiated and set forth in each individual Task Order.

G.05 Invoices

Invoices shall be submitted electronically to invoices@ibwc.gov with a copy furnished to the designated Contracting Officer and Con-tracting Officer's Representative.

G.06 Accounting and Appropriation Data

No funds are obligated by the basic contract. Funds will be obligated, as required, upon issuance of individual Task Orders.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the proced-ures in the contract.

Carmella Speer 4191 N Mesa El Paso, TX 79902 Carmella.Speer@ibwc.gov, 915-832-4119

[Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, un-less prohibited by law or agency procedure.

(End of clause)

Section H- Special Contract Requirements

H.01 General Information

This Contract is a firm fixed price (FFP) indefinite delivery, indefinite quantity (IDIQ) multiple award contract for environmental ser-vices. Performance of services shall be made as authorized by this Contract, modifications hereto, and through execution of individual Task Orders against this Contract by the CO.

H.02 Government-Contractor Relationships

(a) The Government and the Contractor understand and agree that the services to be delivered under this Contract are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this Contract between the Government and the Contractor's employees. It is, therefore, in the best interest of the government to afford the parties a full and complete understanding of their respective obligations.

(1) Contractor personnel under this contract shall not:

(i) Be placed in a position where they are appointed or employed by a federal officer, or are under the supervision, direction, or evalu-ation of a federal officer, military or civilian;

(ii) Be placed in a position of command, supervision, administration or control over U.S. Section, International Boundary and Water Commission (USIBWC) personnel, or personnel of other contractors, or become a part of the government operation; and

(ii) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the USIBWC or other applic-able federal agencies;

(2) Employee relationship:

(i) The services to be performed under this Contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(b) Rules, regulations, directions, and requirements which are issued by the USIBWC authorities under their responsibility for good order and administration are applicable to all personnel. This is not to be construed or interpreted to establish any degree of govern-ment control which is inconsistent with a non-personal services contract.

H.03 Control of Study and Analysis Reports

All studies or reports that are produced as a result of this Contract and individual Task Orders are property of the IBWC and shall not be released outside the USIBWC until final approval or official review of the study is accomplished. Accordingly, the Contractor shall affix to the cover of all interim, draft, and final reports the following disclaimer: “The views, opinions, and findings contained in this report are those of the author(s) and shall not be construed as an official USIBWC position, policy, or decision, unless designated by other documentation.”

Distribution of studies or reports in any stage of development or completion to other than the addressee as identified in each individual Task Order shall not be made without the study/report sponsor’s approval. The Contractor shall submit any request for distribution other to the addressee as identified in each individual Task Order to the CO.

H.04 Control of Information

The Contractor shall not duplicate or distribute in any form or manner any material generated during the performance of this Contract and individual Task Order; no public release is authorized without the express written consent of the CO. The Contractor shall not in-corporate into this project any instructions received either orally or in writing from other Government agencies without prior written approval for the USIBWC CO.

H.05 Notification to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the delivery schedule or dates, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of individual Task Orders, the Contractor shall immediately notify the CO and the COR in writing, giv-ing pertinent details. NOTE: this data shall not be construed as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract.

The USIBWC is not responsible for delays or any costs associated therewith, where the USIBWC does not cause the delay.

H.06 Minimum Guarantee

This is an indefinite delivery, indefinite quantity (IDIQ) contract. The contract requires the Government to order and the Contractor to furnish at least a stated minimum. In addition, if ordered, the Contractor must furnish any additional services, not to exceed the stated maximum.

The Contractor is guaranteed a minimum of $2,500.00 for the Base Year of this Contract if: (1) the Contractor does not receive a Task Order in the Base Year and (2) the Contractor during the Base Year has responded to and proposed on every Request for Task Order Proposal within the minimum and maximum order limitations as identified in Contract Clause 52.216-19 Order Limitations.

If exercised, there is no minimum guarantee for Option Years 1 through 4.

H.07 Fair Opportunity Procedures

The Government will give all contractors that are parties to this contract a fair opportunity to be considered for each Task Order, ex-cept as otherwise provided in Federal Acquisition Regulation (FAR) 16.504(b)(2).

(a) When giving contractors a fair opportunity the Government may consider experience, past performance, professional qualifica-tions, experience, and cost/price factors. However, the Government might not consider all of those factors together.

(b) The Government’s objective is to keep task order selection procedures simple and inexpensive for all parties to the contract. Thus, as a general rule, the Government will consider contractors based on (1) information already in its files, (2) price quotations, and (3) past performance under prior orders. In accordance with FAR 16.505(b)(1)(ii), the competition requirements in FAR part 6 and the policies in FAR subpart 15.3 do not apply to the ordering process. However, the Government reserves the right to use more formal procedures when it considers them to be necessary.

(c) After it selects a contractor for a Task Order, the Contracting Officer may discuss the details of task plans and procedures and ne-gotiate prices with the contractor before issuing the task order. If the Contracting Officer is not satisfied with the progress or outcome of those discussions or negotiations, the Contracting Officer may reconsider the task order selection decision and select a different contractor.

H.08 Ordering Procedures -- Request for Task Order Proposal

(a) General - The issuance procedures shall be in accordance with FAR 16.505 and those stated herein:

(1) Work under this Contract will be ordered by written Task Order on Optional Form (OF) 347, Order for Supplies or Services, to the Contractor by the Contracting Officer. Any USIBWC warranted Contracting Officer is authorized to place on order under this con-tract.

(2) Each award will cite the Contract Number and Task Order Number.

(3) The Government will not be obligated to reimburse the Contractor for work performed, items purchased or delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by an executed Task Order from the Contracting Officer.

(4) The Contractor is not guaranteed issuance of any Task Orders above the minimum guarantee as identified in Section H of this Con-tract.

(5) Task Orders will be firm fixed price.

(6) Each Task Order will include as a minimum:

(i) Date of Order

(ii) Contract Number and Task Order Number

(iii) Statement of Work

(iv) Delivery or Performance Schedule

(v) Place of Delivery or Performance

(vi) Any Packaging, Packing, and Shipping Instructions

(vii) Accounting and Appropriation Data

(viii) Price

(ix) Place and Manner of Inspection and Acceptance

(x) Any Government Furnished Property, Material, or Facilities

(xi) Any Other Pertinent Information Required for Performance

(7) Task Orders will be based on the Government developed Statement of Work.

(8) Task Order may only be modified by an USIBWC Contracting Officer.

(9) Modifications to Task Orders will be issued on Standard Form (SF) 30, Amendment of Solicitation/Modification of Contract, and will cite the Task Order and Contract Number.

(10) The Contractor shall contact the Contracting Officer within two (2) calendar days of notification of the Request for Task Order Proposal if the Contractor cannot submit a proposal on the Task Order.

(b) Task Order Awards

(1) Request for Task Order Proposal is limited to the Environmental Services IDIQ Multiple Award Contractors. Contractors shall be provided with fair opportunity to be considered for each Task Order.

(2) Unless the Contracting Officer applies one of the exceptions to the fair opportunity process as noted in FAR 16.505, each Task Or-der will be awarded based on the following: Lowest Price Technically Acceptable (LPTA) or Trade Off. The basis for award will be specified in the Request for Task Order Proposal. The Contracting Officer’s decision as to the selection for award of a Task Order is not subject to protest unless the protest is on the grounds that the order increases scope, period, or maximum value of the contract (reference FAR 16.505 Ordering).

(c) Requirement for Proposals

(1) The Government is not obligated to obtain written proposals or hold discussions prior to award of a Task Order. If the Government determines that proposals are necessary, proposals may be submitted in written or oral form at the discretion of the Contracting Of-ficer. Written proposals are required when the estimated value of the Task Order is greater than $30,000.00. If all proposals contain deficiencies that would preclude awarding the Task Order, discussions will commence to resolve the deficiencies and Contractors shall be provided an opportunity to submit a final revised proposal.

(2) Technical Proposals shall address the evaluation criteria and requirements as established in the Request for Task Order Proposal.

(d) Selection Criteria

(1) One or more of the following criteria in addition to price may be considered when Contractors compete for award of a Task Order:

• Past Performance on earlier orders under the contract, including quality, timeliness, and cost control;

• Potential impact on other orders placed with the Contractor;

• Minimum Order requirements;

• Amount of time Contractor needs to make informed business decision on whether to respond to potential orders;

• Quality of proposals; and

• Ability to meet schedule requirements.

(2) The Contracting Officer will be the final selection authority at the Task Order level.

(e) Request for Task Order Proposal Requirements

(1) Request - the Contracting Officer will furnish all Environmental Services IDIQ Contractors with the Request for Task Order Pro-posal. The request will include:

(i) Task Order Statement of Work;

(ii) Anticipated performance period and critical milestones;

(iii) Place and manner of inspection and acceptance;

(iv) Basis for award to include selection criteria and proposal instructions; and

(vi) Any other pertinent information.

(2) Proposal - the Contractor shall, within the time specified in the RFP, provide one (1) electronic copy via email to the Contracting Officer. Proposals shall be submitted in two (2) separate volumes. Volume I shall address the Contractor’s Technical Approach and Volume II shall address the Contractor’s Price.

Volume I shall at a minimum address:

(i) Technical Understanding;

(ii) Most efficient and effective plan to accomplish the work;

(iii) Rationale for proposed labor and materials;

(iv) Proposed schedule for competing the Task Order; and

(v) Other information requested in the Request for Task Order Proposal.

Volume II shall at a minimum address:

(i) Detailed cost/price proposal in accordance with the instructions set forth in the RFP. Task Orders shall be Firm Fixed Price (FFP);

(ii) Rational for proposed price.

(3) Discussions/Negotiations - upon receipt of the proposals, the Contracting Officer will review the proposal to ensure acceptability to the Government, determine if award will be made without discussions/negotiations, or hold discussions/negotiations with one or more of the contractors. The Government does not have to hold discussion/negotiation with all Offerors. When discussions/negoti-ations are conducted, each participating Contractor shall be given an opportunity to revise its initial proposal to reflect any changes that result for the discussions/negotiations.

(4) Award - upon completion of this process, the Contracting Officer shall execute a Task Order on an OF-347 and forward it to the successful Contractor electronically. Only upon receipt of an executed Task Order, signed by the Contracting Officer, shall the Con-tractor commence work. Unsuccessful Offerors will be notified.

(5) Multiple Task Orders - due to scheduling needs the Contracting Officer may have multiple Task Orders under way simultaneously.

Under such situations, the Contractor must still complete all orders within the allowed schedule. The Government reserves the right to direct the Contractor to work on Task Orders of higher priority. In such cases, time extensions will be granted for completion of Task Orders that have been delayed because of Government action.

H.09 Task Orders with Options

(a) The Contracting Officer may issue Task Orders that include options under any of the following conditions:

(1) The services being acquired are highly unique or specialized;

(2) The efforts to be performed are so integrally related that only a single contractor can reasonably perform the work; or

(3) Foreseeable additional effort fits the criteria of FAR 16.505(b)(2)(i)(C) as a logical follow-on.

(b) If the Task Order is awarded under multiple award contracts, only those Task Orders for which all awardees were given a fair op-portunity to be considered shall include options. For purposes of FAR 52.216-19(b), the base award and each option are separate or-ders.

(c) Prior to exercising an option on a Task Order, the Government will ensure that the Contract has adequate quantities and period of performance. The Contractor shall not begin performance on requirements in the Task Order option until the Government has exercised the option on the Task Order and, if necessary, the option on the Contract.

(d) Award of a Task Order with an option is subject to the conditions of this Contract and FAR 52.217-5, Evaluation of Options.

H.10 Reimbursement of Travel Costs

In accordance with the Federal Travel Regulation (FTR), when Task Order Request for Proposals (RFPs) and subsequently awarded Task Orders include travel costs, then the following is applicable.

(a) Area of Travel. Performance under this contract/task order may require travel by Contractor personnel. If travel is required, the Contractor is responsible for making all necessary arrangements for its personnel.

(b) Travel Policy. The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in perform-ance of the contract in accordance with FAR Subpart 31.2. Travel required for tasks assigned under this contract/task order shall be governed in accordance with Federal Travel Regulations, which are prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR).

(c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the Contractor’s office whenever a contract/ task order requires work to be accomplished at a temporary alternate worksite. No travel or subsistence shall be charged for work per-formed within a fifty-mile radius of the Contractor’s office. The Contractor shall not be paid for travel or subsistence for Contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or daily travel to and from work at the Contractor’s facility will not be reimbursed.

(1) For travel costs other than described in paragraph (c) above, the Contractor shall be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services under the contract and is authorized by the CO in writing.

(2) When transportation by privately owned conveyance is authorized, the Contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the FTR. Distances traveled between points shall be shown on invoices.

(3) The Contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic contract and in accordance with good traffic management principles. When it is necessary to use air or rail travel, the Contractor agrees to use coach, tourist class, or similar accommodations to the extent consistent with the success-ful and economical accomplishment of the mission for which the travel is being performed.

(4) The Contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers.

(d) Car Rental. The Contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance from the Contract-or’s facilities. Car rental for a team at one site will be allowed for a minimum of four (4) persons per car, provided that such number comprises the team.

(e) Per Diem. The Contractor shall not be paid for per diem for Contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the Contractor’s home office or the Contractor’s local office. Per Diem is authorized for Contractor personnel beyond a fifty-mile radius of the Contractor’s home or local offices whenever a task assigned requires work to be done at a temporary alternate worksite. Per Diem shall be paid to the Contractor only to the extent that overnight stay is necessary and authorized under this contract. The authorized per diem rate shall be the same as the prevailing per diem in the worksite locality. These rates will be based on rates contained in the FTR. Reim-bursement to the Contractor for per diem shall be limited to actual payments for per diem. The Contractor shall provide actual pay-ments for per diem defined herein. The Contractor shall provide supporting documentation for per diem expenses as evidence of actu-al payment.

H.11 Contract Close Out Procedures for Services

Close-Out Process

The following are items required as a part of the closeout process on individual Task Orders:

COR:

1) Performance Evaluation (Reference FAR Clause 42.15)

2) COR Certificate of Contract Completion

Contractor:

1) Release of Claims

Contracting Officer:

1) Contracting Officer’s Close-out Statement

2) Close-Out Checklist

3) Additional items as required by FAR 4.804-5

H.12 Limitations on Subcontracting

(a) For IDIQ service contracts involving small business set-asides or reserves, at least 50% of the cost of contract performance in-curred shall be expended for employees of the concern. For total or partial set-aside contracts, the period of time used to calculate compliance with the limitations on subcontracting will be the base year and then each subsequent option year. At the conclusion of each contract base term and each subsequent option period, the contract shall, within 30 days, submit a compliance report to the CO for review.

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 Whistlerblower Rights

(Sep 2013)

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

52.204-7 System for Award Management (Oct 2018)

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (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 (Oct 2018)

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

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

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

52.217-8 Option to Extend Services (Nov 1999)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)

52.219-14 Limitations on Subcontracting (Jan 2017)

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 2018)

52.222-17 Nondisplacement of Qualified Workers (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

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)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (Aug 2018)

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.222-54 Employment Eligibility Verification (Oct 2015)

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

52.223-6 Drug-Free Workplace (May 2001)

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

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

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

52.227-1 Authorization and Consent (Dec 2007)

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

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

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

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)

52.232-11 Extras (Apr 1984)

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-32 Performance-Based Payments (Apr 2012)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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

52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991)

52.233-3 Protest after Award (Aug 1996)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.237-3 Continuity of Services (Jan 1991)

52.242-13 Bankruptcy (July 1995)

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

52.244-6 Subcontracts for Commercial Items (Aug 2019)

52.245-1 Government Property (Jan 2017)

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)

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

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug

2019)

52.219-8 Utilization of Small Business Concerns (Oct 2018)

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

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

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

52.232-17 Interest (May 2014)

52.245-9 Use and Charges (Apr 2012)

52.248-1 Value Engineering (Oct 2010)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 05/01/2020 through contract completion [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those sup-plies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $600,000.00 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $600,000.00 [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in para-graph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regula-tion (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Govern-ment may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the…