191BWC20R0006 RFP.pdf

SOLICITATION, OFFER, AND AWARD

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

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

191BWC20R0006 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

07/17/2020

6. REQUISITION/PURCHASE NUMBER

20204361032

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 __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in __See Section L__ until __17:00:00__ local time __08/17/2020 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Carmella Speer 915-832-4119

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

SpeerC@state.gov

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

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 16-24

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

X C DESCRIPTION/SPECS./WORK STATEMENT 6 X J LIST OF ATTACHMENTS 25

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

26-35

X F DELIVERIES OR PERFORMANCE 9

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 36-39X G CONTRACT ADMINISTRATION DATA 10-11

X M EVALUATION FACTORS FOR AWARD 40X H SPECIAL CONTRACT REQUIREMENTS 12-15

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)

Carmella Speer

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

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)

191BWC20R0006

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs 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) 52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) 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) 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I (Apr 1984) F.01 Place of Performance F.02 Contract Period of Performance F.03 Delivery Address 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

H Special Contract Requirements H.01 General Information H.02 Government-Contractor Relationship H.03 Control of Information H.04 Service Contract Labor Standards H.05 U.S. Department of Labor Wage Determination H.06 Conformance to All Applicable Laws H.07 Notification to the Government of Delays H.08 Compensation and Liability Insurance H.09 Key Personnel H.10 Post Award Orientation Conference H.11 Section 508 Compliance H.12 Contract Close Out Procedures for Services

H.13 COVID-19

H.14 Security

I Contract Clauses 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 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) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-25 Prompt Payment (Jan 2017) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-1 Disputes (May 2014) 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) 52.244-6 Subcontracts for Commercial Items (Aug 2019) 52.253-1 Computer Generated Forms (Jan 1991) 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) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (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) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010) 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Oct 2010) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-9 Small Business Subcontracting Plan (Mar 2020) 52.219-14 Limitations on Subcontracting (Mar 2020) 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2020) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 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) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) 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) 52.225-1 Buy American-Supplies (May 2014) 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 (Aug 2018) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.242-13 Bankruptcy (July 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-1 Changes-Fixed-Price (Aug 1987) 52.244-5 Competition in Subcontracting (Dec 1996) 52.246-20 Warranty of Services (May 2001) 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) 52.232-23 Assignment of Claims (May 2014) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.237-3 Continuity of Services (Jan 1991) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995) 52.219-9 Alt I Small Business Subcontracting Plan (Mar 2020) - Alternate I (Nov 2016) 52.233-3 Alt I Protest after Award (Aug 1996) - Alternate I (Jun 1985) 52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I (Apr 1984) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

J List of Attachments J.01 Attachments

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-20 Predecessor of Offeror (Jul 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Aug 2018) 52.222-38 Compliance with Veterans' Employment Reporting Requirements (Feb 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009) 52.204-8 Annual Representations and Certifications (Mar 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Jun 2018)

L Instructions, Conditions, and Notices to Offerors and Respondents 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) 52.204-7 System for Award Management (Oct 2018) 52.215-1 Instructions to Offerors-Competitive Acquisition (Jan 2017) 52.237-1 Site Visit (Apr 1984) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.233-2 Service of Protest (Sept 2006) 52.216-1 Type of Contract (Apr 1984) L.01 Pre-Proposal Conference L.02 Questions L.03 Contractor's Contract Administrator L.04 Proposal Composition Requirements and Instructions L.05 Pre-Award Survey L.06 Debriefing of Unsuccessful Offerors

M Evaluation Factors for Award M.01 Basis for Award M.02 Evaluation Factors for Award

001 Physical Security Project - Amistad Dam and Facility 1.00 JB Type of Contract Pricing:

Doc Ref No: 20204361032 Delivery Date FOB:

Destination

002 No Cost Receiving Lines 25.00 EA Type of Contract Pricing:

Doc Ref No: 20204361032

FOB:

Destination

191BWC20R0006

Line Item Summary

Solicitation Number:

191BWC20R0006

Contract Number: Title: Physical Security Upgrades Amistad Dam Facilities

Date of Solicitation:

07/17/2020

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 at-tachment 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 Contracting Officer’s Representative (COR) shall be paid by the Contractor.

D.02 Marking

All information submitted to the CO or the COR shall be clearly marked to show the Name of the Contractor and the Solicitation Number.

Section E- Inspection and Acceptance

Clause Title

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

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

52.246-16 Responsibility for Supplies (Apr 1984)

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. Method of preparation, to include quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with this Contract.

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.

b. Acceptance. Acceptance will be by the appointed COR or CO based upon conformance to the requirements set forth in this Contract.

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)

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I (Apr 1984)

F.01 Place of Performance

The required services shall be performed at the Amistad Dam and Field Office located at 670 Texas Spur 349, Del Rio, Texas.

F.02 Contract Period of Performance

The Contractor shall perform the services stated herein for the period of 180 calendar days after notice of award.

F.03 Delivery Address

Items to be delivered to the Contracting Officer as required by the Performance Work Statement shall be de-livered to USIBWC Headquarters. Items to be delivered to the Contracting Officer's Representative as required by the Performance Work Statement shall be delivered to the Amistad Field Office.

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

The destination for F.O.B. Destination shall be Amistad Dam and Field Office.

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 with- in 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 Con- tractor be effective or binding upon the Gov-ernment. All such actions must be formalized by a proper contractual document executed by the Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or in- creases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Of-ficer before making the deviation. 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:

Administrative CO: Procurement CO:

Name: Sylvia Grindstaff Name: Carmella L. Speer Address: 4191 N Mesa St. Address: 4191 N Mesa St.

El Paso, TX 79902 El Paso, TX 79902 Telephone: 915-832-4121 Telephone: 915-832-4119 Email: Sylvia.Grindstaff@ibwc.gov Email: Carmella.Speer@ibwc.gov

G.03 Contracting Officer's Representative

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer's Representative will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modific-ation to the contract. The limits of the Contracting Officer's Representative will be in accordance with FAR 1.604.

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

G.04 Payments

The Contractor will be paid in accordance with Contract Clause 52.232-1 Payments and 52.232-33 Payment by Electronic Funds Transfer - System for Award Management, incorporated by reference in Section I.

G.05 Invoices

The Contractor shall submit an electronic copy of their invoice to USIBWC's Finance and Accounting Division (FAD) via invoices@ibwc.gov. The Contractor's invoice is not officially received by the Government until US- IBWC-FAD receives and date stamps the invoice.

1. A copy of the invoice shall be emailed to the COR and the CO concurrently with emailing the invoice to

FAD.

2. The electronic invoice sent to FAD shall be in pdf format The invoice for this Contract shall not be combined with any other work or other Contracts; it shall be for this Contract only.

The Contractor shall submit invoices per FAR 52.232-25 Prompt Payment for all work.

1. The Contractor's invoice must contain

a. Name and address of the Contractor.

b. Invoice date and invoice number. The Contractor shall date invoices as close as possible to the date of emailing.

c. Contract number

d. Description, quantity, unit of measure, unit price, and extended prices of work performed.

e. Delivery and payment terms.

f. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the

Contract or in a proper notice of assignment).

g. Name, title, phone number, and email address of person to notify in the event of a defective invoice.

h. Any other information or documentation required by the Contract or this Performance Work Statement.

i. Itemized billing by Contract Line Item Number (CLIN).

j. Previously billed total.

Costs presented for work shall be in line with FAR Subpart 31.2.

Breakdown each lump sum CLIN into component work activities for which invoices may be requested.

1. The total costs for the component work activities shall equal the price for that lump sum CLIN.

2. The Government may request data to verify accuracy of dollar values.

Section H- Special Contract Requirements

H.01 General Information

This Contract is a firm fixed price (FFP) contract for physical security upgrades at Amistad Dam and Field Of-fice. Performance of services shall be made as authorized by this Contract and modifications hereto, by the Contracting Officer.

H.02 Government-Contractor Relationship

(a) The Government and the Contractor understand and agree that the services to be delivered under this Con-tract 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 super-vision, direction, or evaluation of a federal officer, military or civilian.

(ii) Be placed in a position of command, supervision, administration or control over USIBWC personnel, or personnel of other contractors, or become a part of the government operation; and

(iii) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the USIBWC or other applicable 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 re-sponsibility for good order and administration are applicable to all personnel. This is not to be construed or in-terpreted to establish any degree of government control which is inconsistent with a non-personal services con-tract.

H.03 Control of Information

The Contractor shall not duplicate or distribute in any form or manner any material generated during the per-formance of this Contract; no public release is authorized without the express written consent of the Contracting Officer. The Contractor shall not incorporate in- to this project any instructions received either orally or in writ-ing from other Government agencies without prior written approval for the USIBWC Contracting Officer.

H.04 Service Contract Labor Standards

This Contract is subject to the requirements of Service Contract Labor Standards as amended. The Contractor shall be responsible for meeting the obligations under the Service Contract Labor Standards as amended. Any questions regarding the extent of these obligations shall be addressed to the Department of Labor.

The Contractor agrees to provide the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing under the contract.

H.05 U.S. Department of Labor Wage Determination

Enclosed with this requirement is the current U.S. Department of Labor Wage Determination No. 2015-5303, Revision No. 14, Date of Revision 06/03/2020. This determination establishes the minimum hourly wage rates and fringe benefits to be paid to those service contract employees engaged in the performance of this contract (see Section J for Wage Determination).

H.06 Conformance to All Applicable Laws

The Contractor shall comply with all applicable laws and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees necessary for such per-formance, and shall procure such permits, li- censes and other required authorizations from Federal, State, and Local authorities as may be necessary in connection with beginning or carrying on to completion of the Con-tract work, and shall at all times comply with all Federal, State, and Local laws in any way affecting the Con-tract work.

H.07 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 the Contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer's Representative in writing, giving per-tinent 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.08 Compensation and Liability Insurance

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

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

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

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' 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 Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law.

The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and 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 writ-ing that the required insurance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the 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 in-surance 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 Con-tractor 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.09 Key Personnel

The key personnel specified in this contract are considered to be essential to work performance. At least thirty

(30) calendar days prior to removing, replacing, or diverting any of the specified individuals (or as soon as pos-sible, if an individual must be replaced, for example, as a result of terminating employment with the Contract-or), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the di-version or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise re-place any key personnel without the written consent of the Contracting Officer. The Contracting Officer's de-cision in regards to replacement Key Personnel shall be final.

H.10 Post Award Orientation Conference

A Post Award Orientation Conference will be scheduled after contract award and will be coordinated by the Contracting Officer. The purpose of the conference will be to familiarize the Contractor with the contract ad-ministration procedures, contract clarifications, contract requirements, and expectations. The conference will be structured to achieve a clear and mutual understanding of all contractual administrative requirements and to identify any potential problems areas. The location of the conference will be at the sole discretion of the Con-tracting Officer. If authorized by the Contracting Officer, attendees may attend by phone or video conference.

H.11 Section 508 Compliance

All electronic and information technology (EIT) procured through this contract must meet the applicable access-ibility standards at 36 CFR 1194, unless an agency exception to this requirement exists (see CFR 1194 imple-ments Section 508 of the Rehabilitation Act of 1973, as amended). The following standard is applicable:

[X] 1194.41 Information, Documentation, and Support.

Deliverables shall be accessible to users with disabilities as required in Section 508 of the Rehabilitation Act of 1973, as amended. The Contractor shall ensure: (a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge; (b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge, and; (c) Support services for products shall accommodate the communic-ation needs of end-users with disabilities.

H.12 Contract Close Out Procedures for Services

The following are items required as a part of the closeout process:

COR:

1) Performance Evaluation (Reference FAR Clause 42.15)

2) COR Certificate of Contract Completion

Contractor:

1) Release of Claims

Contracting Officer:

1) Contract Completion Statement

2) Contract Close Out Modification

H.13 COVID-19

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 Response Plan is required and must be submitted with the Accident Prevention Plan. If the contract does not require an Accident Prevention Plan, the Infectious Disease Preparedness and Response Plan must be submitted within 15 days after award.

H.14 Security

A limited background check will be performed on the contractor employees that have any access to buildings.

Contractor employees will be escorted by IBWC personnel.

Section I- Contract Clauses

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

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)

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

52.232-25 Prompt Payment (Jan 2017)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-1 Disputes (May 2014)

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)

52.244-6 Subcontracts for Commercial Items (Aug 2019)

52.253-1 Computer Generated Forms (Jan 1991)

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)

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

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

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

52.204-14 Service Contract Reporting Requirements (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)

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

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011)

52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010)

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Oct 2010)

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

52.219-9 Small Business Subcontracting Plan (Mar 2020)

52.219-14 Limitations on Subcontracting (Mar 2020)

52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999)

52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2020)

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

52.222-3 Convict Labor (June 2003)

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

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

52.222-37 Employment Reports on Veterans (Feb 2016)

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

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

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)

52.225-1 Buy American-Supplies (May 2014)

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 (Aug 2018)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

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

52.232-1 Payments (Apr 1984)

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

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

52.242-5 Payments to Small Business Subcontractors (Jan 2017)

52.242-13 Bankruptcy (July 1995)

52.242-14 Suspension of Work (Apr 1984)

52.243-1 Changes-Fixed-Price (Aug 1987)

52.244-5 Competition in Subcontracting (Dec 1996)

52.246-20 Warranty of Services (May 2001)

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)

52.232-23 Assignment of Claims (May 2014)

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

52.237-3 Continuity of Services (Jan 1991)

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

52.222-50 Combating Trafficking in Persons (Jan 2019)

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995)

52.219-9 Alt I Small Business Subcontracting Plan (Mar 2020) - Alternate I (Nov 2016)

52.233-3 Alt I Protest after Award (Aug 1996) - Alternate I (Jun 1985)

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

52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I (Apr 1984)

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

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

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Com-mercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data re-ceived from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors un-dergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contract-or shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate Na-tional Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at ht-tps://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

WWW.ACQUISITION.GOV

[Insert one or more Internet addresses]

(End of clause)

52.222-35 Equal Opportunity for Veterans (Oct 2015)

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

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at

FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected vet-erans, and requires affirmative action by the Contractor to employ and advance in employment qualified protec-ted veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncom-pliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

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

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirm-ative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 un-less exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be ap-propriate to identify properly the parties and their undertakings.

(End of clause)

52.222-41 Service Contract Labor Standards (Aug 2018)

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

"Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Govern-ment Prime Contractor."

"Service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide ex-ecutive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as re-vised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or sub-contractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2) (i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not lis-ted therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regard-ing the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Divi-sion will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of re-ceipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a writ-ten copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determin-ation cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depend-ing on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pur-suant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determina-tions issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where ap-propriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the cur-rent wage determination, and those specified for the corresponding classifications in the previously applicable wage determination.

Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlis-ted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees per-forming in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determ-ination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of em-ployees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits re-quired to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits spe-cified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor un-der this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which sub-stantially the same services were furnished in the same locality and service…