191BWC20R0004.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

191BWC20R0004 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

07/17/2020

RATING

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

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

20204361050

6. PROJECT NO.

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

9. FOR INFORMATION EMAIL: a. NAME

Lanisa McCollum

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL

Lanisa.McCollum@ibwc.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 to complete the installation of ballistic grade windows at the Anzalduas Dam located in Mission, Texas.

This is a 100% small business set-aside.

This will be a FIRM FIXED PRICE CONTRACT.

The estimated magnitude of this project is between $100,000 to $250,000.

Any questions related to this solicitation shall be submitted via email to Lanisa.McCollum@ibwc.gov and Carmella.Speer@ibwc.gov no later than 4:30PM MDT on Monday, July 27, 2020. Any questions received after that date will not be responded to unless deemed significant by the Contracting Officer. See section L.01 regarding site visits.

The applicable NAICS CODE is 238990 All Other Specialty Trade Contractors.

11. The Contractor shall begin performance within ___10___ calendar days and complete it within ___120___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See _Section F_.)

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 __17:00:00__ (hour) local time __08/17/2020 __ (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 __60__ 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)

191BWC20R0004

915-832-4120

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) 27

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

4191 NORTH MESA ST

EL PASO, TX 79902-1441

International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4191 NORTH MESA ST

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)

Lanisa McCollum 31a. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

07/17/2020

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 Plans D Packaging and Marking

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

E Inspection and Acceptance 52.246-12 Inspection of Construction (Aug 1996)

F Deliveries or Performance 52.242-14 Suspension of Work (Apr 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

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

H Special Contract Requirements H.01 Performance and Payment Bonds (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 Cultural Resources (DEC 2015) H.06 Contract Work Schedule (DEC 2015) H.07 Utility and Telephone Services (Dec 2015) H.08 Administration of Default (Fixed-Price Construction) (DEC 2015) H.09 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) H.10 Damage from the Elements (DEC 2015) H.11 Contract Closeout Procedures (Dec 2015) H.12 COVID-19 Requirements

I Contract Clauses 52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-7 Anti-Kickback Procedures (Jun 2020) 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 (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) 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 (Oct 2015) 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) 52.219-8 Utilization of Small Business Concerns (Nov 2016) 52.219-14 Limitations on Subcontracting (Nov 2011) 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) 52.222-6 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) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Apr 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 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) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) 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) 52.227-1 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) 52.228-2 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) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 52.232-23 Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 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 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) 52.236-2 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) 52.236-9 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) 52.236-17 Layout of Work (Apr 1984) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.244-5 Competition In Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Items (Feb 2016) 52.246-21 Warranty of Construction (Mar 1994)

52.248-3 Value Engineering--Construction (Oct 2015) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.228-15 Performance and Payment Bonds - Construction (Oct 2010) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 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) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) 52.227-3 Patent Indemnity (Apr 1984) 52.228-1 Bid Guarantee (Sept 1996) 52.236-8 Other Contracts (Apr 1984) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.225-9 Buy American - Construction Materials (May 2014) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 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 (Apr 2016) 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Jun 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-16 Commercial and Government Entity Code Maintenance (Jul 2015) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.236-28 Preparation of Proposals - Construction (Oct 1997) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.236-27 Site Visit (Construction) (Feb 1995) 52.215-1 Instructions to Offerors-Competitive Acquisition (Jan 2017) 52.204-7 System for Award Management (Jul 2013) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014) 52.216-1 Type of Contract (Apr 1984) 52.225-10 Notice of Buy American Requirement - Construction Materials (May 2014) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Contractor's Contract Administrator L.02 Availability of Forms 52.233-2 Service of Protest (Sept 2006) L.03 Site Visits L.04 Source Evaluation and Selection Procedures

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

001 Anzalduas Ballistic Glass Installation in accordance with the attached Performance Work Statement.

1.00 JB

Type of Contract Pricing:

Doc Ref No: 20204361050 Delivery Date FOB:

Destination

002 No Cost Receiving lines (Internal Purposes Only) 5.00 EA Type of Contract Pricing:

Doc Ref No: 20204361050 Delivery Date FOB:

Destination

191BWC20R0004

Line Item Summary

Solicitation Number:

191BWC20R0004

Contract Number: Title: Anzalduas Ballistic Glass Installation

Date of Solicitation:

07/16/2020

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C- Descriptions/Specifications/Statement of Work

C.01 Specifications and Plans

The Performance Work Statement for this solicitation, 191BWC20R0004, 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 Contracting Officer (CO) and the Contracting Officer's Representative (COR) shall be clearly marked to show the Name of the Contractor and the Contract Number.

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)

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 one hun-dred twenty (120) calendar 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.

Section G- Contract Administration Data

G.01 Contracting Officer

“Contracting Officer” (CO) means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable fed-eral 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 (CO)

The Contracting Officer for this contract is:

Name: Lanisa McCollum Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4191 N Mesa El Paso, TX 79902

Telephone: 915-832-4120 Fax: 915-600-7388 Email: Lanisa.McCollum@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. The CO and COR shall be copied on the submission email. Additional individuals may be added or changes are required by the CO

Section H- Special Contract Requirements

H.01 Performance and Payment Bonds (2015)

(a) For contracts that exceed $150,000, the Contractor shall, within ten (10) calendar days after award of contract, furnish to the Government 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 Con-tractor'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 required by law to all persons sup-plying 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 signatory 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 ac-countant in accordance with generally accepted accounting principles. The statement of net worth on the SF 28, Affidavit of Individual Surety is not in itself suffi-cient and will not be accepted absent of additional 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 concerning 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 ag-gregate 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 li-ability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' compensation 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 Responsibil-ity 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 Mexico, 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 in-surance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change ad-versely 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 Contracting 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.

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 re-sponsible for protection of the work and repair of damages. For the protection of the Contractor and the Government, the Contractor is required 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 substantially the following statement: "The insur-ance covered by this certificate will not be canceled or materially altered, 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.

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 Contract-or 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 ma-jor phases of work.

(c) Be prepared to discuss the plans in conferences convened by the Contracting Officer or Contracting Officer’s Repres-entative prior to starting work on each major phase of work.

Plans shall include all pertinent information, such as methods of providing safety measures for personnel performing re-quired work. The plan for accomplishing work shall be submitted prior to commencing operations.

[End of Clause]

H.05 Cultural Resources (DEC 2015)

In accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470), the following procedures are implemented to en-sure historic preservation and fair compensation to the Contractor for delays attendant to cultural resources investigations.

In the event potential historical, architectural, archaeological, or cultural resources (herein after cultural resources) are discovered dur-ing subsurface excavations at the site of construction, the following procedures shall be instituted:

(1) The Contractor shall immediately cease work in that area, secure the location from further disturbance and possible vandalism, and immediately notify the Contracting Officer and the Contracting Officer’s Representative.

(2) The Contracting Officer shall issue a “Suspension of Work” directing the Contractor to cease all construction operations at the location of such potential cultural resources find.

(3) Such “Suspension of Work” shall be effective until such time as a qualified archaeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Historical Preservation Officer. Any “Suspension of Work” shall contain the following:

(a) A clear description of the work to be suspended;

(b) Any instructions regarding issuance of further orders by the Contractor for material services;

(c) Guidance as to action to be taken on subcontracts;

(d) Any suggestions to the Contractor as to minimization of costs;

(e) Estimated duration of the temporary suspension.

If the archaeologist determines that the potential find is a bonafide cultural resource, at the direction of the State Historical Preserva-tion Officer, the Contracting Officer shall extend the duration of the “Suspension of Work” in writing, and the Contractor shall sus-pend work at the location of the find.

Equitable adjustment of the construction contract shall be made in the following manner:

(1) Time Extension. If the work temporarily suspended is on the “critical path,” the total number of days for which the suspension is in effect shall be added to the number of allowable contract days.

If a portion of work at the time of such suspension is not on the “critical path,” but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path.

(2) Additional Compensation. If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by judicious handling of forces, equipment, and (plant) or redirection of forces or equipment to perform other work on the contract, there shall be paid to the Contractor an amount as determined by the Contracting Officer to be fair and reasonable compensa-tion for the Contractor’s actual loss in accordance with the following:

(a) Idle Time of Equipment. Compensation for equipment idle time will be determined on a force account (time and materi-als) basis, and shall include the cost of extra moving of equipment and rental loss.

(b) Idle Time of Labor. Compensation for idle time of workers will be determined by the Contracting Officer as “Labor” less any actual productivity factor of this portion of the work force.

(c) Increased Costs of Labor and Materials. Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension as determined by the Contracting Officer.

Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit.

The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists, but will in no case exceed eight hours in any one day.

The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, Federal and State holidays, during the existence of such delay.

The Texas Historical Commission is located at 1511 Colorado St., Austin, TX 78701. The Texas Historical Commission may be reached by email at thc@thc.state.tx.us, by telephone at 512-463-6100, or by mail at the Texas Historical Commission, PO Box 12276, Austin, TX 78711-22786.

H.06 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 reasonably available, 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.

Veterans 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 mechanics shall be paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

H.07 Utility and Telephone Services (Dec 2015)

The U.S. Section, International Boundary and Water Commission will provide water and electricity only to the Contractor.

H.08 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 ser-vices were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule or other perform-ance 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.

H.09 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 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 the num-ber of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier sub-contract 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 $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 supervisors 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.

H.10 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.

H.11 Contract Closeout Procedures (Dec 2015)

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

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

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

3) IBWC Form 243, Release of Claims

4) IBWC Form 255, Certificate of Substantial Completion

H.12 COVID-19 Requirements

Contractor employees must adhere to all CDC and OSHA COVID19 requirements while on IBWC property and when participating in any type of function associated with this requirement.

In accordance with USACE EM 385-1-1 03.A.06 and OSHA recommended practices, an Infectious Disease Preparedness and Re-sponse Plan is required and must be submitted with the Accident Prevention Plan. If the contract does not require an Accident Preven-tion Plan, The Infectious Disease Preparedness and Response Plan must be submitted within 15 days after award.

Section I- Contract Clauses

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (Apr 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-7 Anti-Kickback Procedures (Jun 2020)

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 (Jun 2020)

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

(Apr 2014)

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

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)

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 (Oct 2015)

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)

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

52.219-14 Limitations on Subcontracting (Nov 2011)

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)

52.222-6 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)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Apr 2015)

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

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

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)

52.227-1 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)

52.228-2 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)

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

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

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-27 Prompt Payment for Construction Contracts (May 2014)

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 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)

52.236-2 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)

52.236-9 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)

52.236-17 Layout of Work (Apr 1984)

52.236-26 Preconstruction Conference (Feb 1995)

52.242-13 Bankruptcy (July 1995)

52.243-4 Changes (June 2007)

52.244-5 Competition In Subcontracting (Dec 1996)

52.244-6 Subcontracts for Commercial Items (Feb 2016)

52.246-21 Warranty of Construction (Mar 1994)

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

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996)

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

52.253-1 Computer Generated Forms (Jan 1991)

52.203-5 Covenant Against Contingent Fees (May 2014)

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

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

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

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)

52.219-6 Notice of Total Small Business Set-Aside (Mar 2020)

52.227-3 Patent Indemnity (Apr 1984)

52.228-1 Bid Guarantee (Sept 1996)

52.236-8 Other Contracts (Apr 1984)

52.236-14 Availability and Use of Utility Services (Apr 1984)

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

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

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

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. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are dis-crete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and dis-tinct construction material regardless of when or how the individual parts or components of those systems are delivered to the con-struction site. Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transporta-tion costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domesti…