191BWC24R0002.pdf

191BWC24R0002

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

191BWC24R0002 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

11/07/2023

RATING

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

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

2023S4222004A

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

CALL:

a. NAME

Philip Johnson

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

SOLICITATION

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

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

The Contractor shall furnish all labor, material, and equipment necessary for Amistad Reservoir and Dam Repair of Penstock #5 in Val Verde County.

This is a FIXED PRICE CONTRACT.

In accordance with FAR Provision 52.236-27 Alt I, Site Visit (Construction FEB 1995) - Alternate 1 (FEB 1995), a site visit shall be held at the USIBWC Amistad Field Office, located at 670 Texas Spur 349, Del Rio, Texas 78840 Pre-bid meeting: 11/16/2023, 08:00 AM CT Date of questions: 12/11/2023.

All request for information must be submitted in writing. (Microsoft Word documents only) no later than 2:00 pm CT on 11/13/2023. Questions should be sent to philip.johnson@ibwc.gov.

Wage Determinations 2015-5303 Rev 23 Dated 07/18/2023 and TX 20230090 dated 01/06/2023 apply to this procurement.

The estimated magnitude of this project is between $1,000,000.00 and $5,000.000.00.

The applicable NAICS CODE is 237990 -- Other Heavy and Civil Engineering Construction with a small business size standard of $39.5 million.

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

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving10 485 award, X notice to proceed. This performance period is X mandatory negotiable. (See __________________________.)

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

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (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.

02:00 MT US/Mountaina.

01/08/2024

b. An offer guarantee is, X 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.

120d. Offers providing less than 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(d)

CGFS // CGFS

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: UEI:

CODE FACILITY CODE

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

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

IPP

Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov

CHARLESTON, SC 29415

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 further contractual document is necessary.

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

Philip Johnson

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

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

Table of Contents

Section Description Page Number

A Government Works Continuation Section A Solicitation/Contract Form

52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or Separately Specified Method) (Aug 2018) 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Aug 2018)

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

C.01 Descriptions/Specifications/Statement of Work 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 52.211-13 Time Extensions (Sept 2000) 52.242-14 Suspension of Work (Apr 1984) 52.247-33 F.o.b. Origin, with Differentials (Feb 2006) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages-Construction (Sept 2000)

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer Representative IBWC G.04 Invoices G.05 Notification of Government Delays

INV-IPP ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

H Special Contract Requirements H.01 Performance and Payment Bonds H.02 Compensation and Liability Insurance (DEC 2015) H.03 Builders Risk Insurance H.04 Accident Prevention and Pre-Planning (DEC 2015) H.05 Construction Program (DEC 2015) H.06 Construction Safety Requirements (DEC 2015) H.07 Utility and Telephone Services (DEC 2015) H.09 Administration of Default (Fixed-Price Construction) (DEC 2015) H.10 Time Extensions for Unusually Severe Weather (DEC 2015) H.11 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) H.12 Damage from the Elements (DEC 2015) H.13 Contract Close Out Procedures (DEC 2015) H.15 Cultural Resources (Dec 2015) H.16 Extended Warranties (Dec 2015) H.17 Design-Build Contract - Order of Precedence (Dec 2015) H.18 Incorporation of Designer of Record Final Design (DEC 2015) H.19 CDC and OSHA COVID-19 Requirements (July 2020) H.20 Technical Data Submittal Requirements (Dec 2015)

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Jun 2020) 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 (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) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-2 Security Requirements (Mar 2021) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 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 (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 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) 52.210-1 Market Research (Nov 2021) 52.214-26 Audit and Records-Sealed Bidding (Jun 2020) 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding (Jun 2020) 52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding (Jun 2020) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-9 Changes or Additions to Make-or-Buy Program (Oct 1997) 52.215-12 Alt I Subcontractor Certified Cost or Pricing Data (Jun 2020) - Alternate I (Aug 2020) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-6 Construction Wage Rate Requirements (Aug 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 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) 52.222-16 Approval of Wage Rates (May 2014) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) 52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)..

52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 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 (Jun 2020) 52.223-20 Aerosols (Jun 2016) 52.223-21 Foams (Jun 2016) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.225-22 Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials (Jan 2021) 52.225-24 Alt II Notice of Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements (Jan 2021) - Alternate II (Mar 2009) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-4 Patent Indemnity-Construction Contracts (Dec 2007) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.228-2 Additional Bond Security (Oct 1997) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) 52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.229-4 Federal, State and Local Taxes (State and Local Adjustments) (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jan 2017) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 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) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-8 Other Contracts (Apr 1984) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I (Nov 1991) 52.236-15 Schedules for Construction Contracts (Apr 1984)

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - Alternate I (Apr 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor (Apr 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (Apr 1984) 52.236-25 Requirements for Registration of Designers (June 2003) 52.236-26 Preconstruction Conference (Feb 1995) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984) 52.243-4 Changes (June 2007) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (Aug 1998) 52.245-1 Government Property (Sep 2021) 52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.246-21 Warranty of Construction (Mar 1994) 52.246-23 Limitation of Liability (Feb 1997) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.249-7 Termination (Fixed-Price Architect-Engineer) (Apr 1984) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.249-10 Alt I Default (Fixed-Price Construction) (Apr 1984) - Alternate I (Apr 1984) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.204-1 Approval of Contract (Dec 1989) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) 52.219-28 Post-Award Small Business Program Rerepresentation (Sep 2023) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.225-9 Buy American-Construction Materials (Oct 2022) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages-Construction (Sept 2000) 52.211-13 Time Extensions (Sept 2000) 52.219-14 Limitations on Subcontracting (Oct 2022) 52.236-4 Physical Data (Apr 1984) 52.248-3 Alt I Value Engineering-Construction (Oct 2020) - Alternate I (Apr 1984)

J List of Attachments J.01 List of Attachments

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-8 Annual Representations and Certifications (Mar 2023) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-38 Compliance with Veterans' Employment Reporting Requirements (Feb 2016)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.227-6 Royalty Information (Apr 1984) 52.227-15 Representation of Limited Rights Data and Restricted Computer Software (Dec 2007).

52.236-28 Preparation of Proposals-Construction (Oct 1997) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.207-1 Notice Of Standard Competition (May 2006) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993) 52.232-13 Notice of Progress Payments (Apr 1984) 52.216-1 Type of Contract (Apr 1984) 52.228-1 Bid Guarantee (Sept 1996) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995)

L.01 PRE-BID CONFERENCE AND SITE VISIT

L.02 Bid Submission

L.03 PHASE ONE PROPOSAL INSTRUCTIONS

L.04 PHASE TWO GENERAL PROPOSAL INSTRUCTIONS

L.05 PHASE TWO BUSINESS PROPOSAL OFFEROR STATEMENTS INSTRUCTIONS

L.06 PHASE TWO BID GUARANTEE INSTRUCTIONS

L.07 PHASE TWO TECHNICAL PROPOSAL INSTRUCTIONS

L.08 PHASE TWO PRICING PROPOSAL INSTRUCTIONS

L.09 CONTRACTOR'S CONTRACT ADMINISTRATION

L.10 CONFLICT OF INTEREST

L.11 PROFESSIONAL BEHAVIOR

L.12 AVAILABILITY OF FORMS

M Evaluation Factors for Award

M.01 SOURCE EVALUATION AND SELECTION PROCEDURES

M.02 PHASE ONE EVALUATION FACTORS

M.03 PHASE TWO EVALUATION FACTORS FOR AWARD

M.04 PHASE ONE AND PHASE TWO OFFER EVALUATION

M.05 BASIS FOR AWARD

M.06 SCORING ADJECTIVES AND DEFINITIONS

Clause Title Fill-ins

52.222-30 Construction Wage Rate Requirements--Price Adjustment (None or

Separately Specified Method) (Aug 2018)

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method)

(Aug 2018)

Government Works Continuation Section

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

The working hours of the adjacent USIBWC facility are 7:00 am to 3:30 pm, Monday through Friday. The Design-Builder, the Construction Contractor, and any subcontractors shall only work onsite during these proposed hours. USIBWC facilities, including the dam, are closed during all Federal Holidays.

• There is currently only 1 penstock bulkhead, located at Amistad Dam and it is moved via mobile crane. Only 1 penstock can be bulk headed at a time for servicing so design inspections must be coordinated with Amistad Field Office AOM through the COR. Amistad Field Office does not have a certified crane operator at this time so the Design-Builder must provide a crane a certified operator to perform the relocation of the bulkhead. Several relocations may be required. The bulkhead is approximately 14.3 feet wide by 24.6 feet tall. The weight of the bulkhead gate with lifting beam is approximately 33,000 pounds (16.5 Tons).

• Access to the site is made via Texas Spur 349. Texas Spur 349 bridge inventory rating is limited to HS-20. The load capacity of the embankment crest road is 70,000 pounds.

• Workers must pass through the port of entry to access the worksite. The port of entry is open from 10:00 a.m. to 6:00 p.m. DHS may change these hours without notice.

If the Design-Builder requires to begin work prior to the port of entry opening or after closing, this must be coordinated with the Amistad Dam Area Operations Manager.

Workers crossing through the port of entry need to have proper documentation for reentry to the United States.

Section 0 - Commercial Items

Line Item Summary

Solicitation Number:

191BWC24R0002

Contract Number:

191BWC23R0012

Title: Amistad Reservoir and Dam Repair of Penstock #5

Date of Solicitation:

11/07/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Design Type of Contract Pricing: FFP

Doc Ref No: 2023S4222004A Delivery Date FOB:

1.00 LS $0.00 $0.00

002 Construction Type of Contract Pricing: FFP

Doc Ref No: 2023S4222004A Delivery Date FOB:

1.00 LS $0.00 $0.00

003 Contract Closeout Type of Contract Pricing: FFP

Doc Ref No: 2023S4222004A Delivery Date FOB:

1.00 LS $0.00 $0.00

004 Lead Remediation Type of Contract Pricing: FFP

Doc Ref No: 2023S4222004A Delivery Date FOB:

1.00 LS $0.00 $0.00

005 New Bulkhead Type of Contract Pricing: FFP

Doc Ref No: 2023S4222004A Delivery Date FOB:

1.00 LS $0.00 $0.00

INVOICES MUST BE SUBMITTED TO IPP.GOV

Section C - Descriptions/Specifications/Statement of Work

C.01 - Descriptions/Specifications/Statement of Work

The specifications and drawings for this solicitation 191BWC24R0002 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 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 Contract Number.

Section E - Inspection and Acceptance

Clause Title Fill-ins

52.246-12 Inspection of Construction (Aug 1996)

Section F - Deliveries or Performance

Clause Title Fill-ins

52.211-13 Time Extensions (Sept 2000)

52.242-14 Suspension of Work (Apr 1984)

52.247-33 F.o.b. Origin, with Differentials (Feb 2006)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days [Contracting Officer insert number] 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 485.* The time stated for completion shall include final cleanup of the premises.

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

(End of clause)

52.211-12 - Liquidated Damages-Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of Construction LD's $1,225.79 Close outs $142.74 [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

G.01 - Contracting Officer

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

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

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

G.02 - Designation of Contracting Officer

The Contracting Officer for this contract is:

Name: Philip Johnson Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4171 N Mesa, Suite C-100 El Paso, TX 79902 Telephone: 915-832-4721 Email: Philip.Johnson@ibwc.gov

Changes to the Contracting Officer shall be made in writing.

G.03 - Contracting Officer Representative IBWC

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 www.IPP.GOV. A copy shall be furnished to the CO and COR. The CO or COR may request additional individuals to copy as needed. You must register to obtain an account in IPP. IBWC does not have a domain access to the site. All passwords are coordinated through IPP.GOV.

G.05 - Notification of Government Delays

In the event the contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the contract 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 this contract the contractor shall immediately notify the contracting officer and the COR in writing, giving pertinent details.

Note: this data shall not be 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.

INV-IPP - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT

USAGE OF THE INVOICE PROCESSING PLATFORM (IPP).

(a) Definitions. As used in these instructions

(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of these instructions, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP) at www.ipp.gov. Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with the IPP application can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866)973-3131. The Contractor shall ensure that its supporting documentation conforms to IPP requirements. IPP accommodates up to 25 supporting attachments per invoice, individual attachment file size may not exceed ten megabytes (10mb). If the Contractor assesses that their supporting documentation will not reasonably conform to IPP requirements, the Contractor shall contact the Contracting Officer to explore possible alternatives. In addition, the IPP only allows certain characters to be used as the invoice number. The invoice number shall conform to the IPP convention and the attachments (if used) shall match exactly the invoice number allowed. The allowed characters in the IPP are “abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789-_”

(c) If the Contractor wishes to be paid via a foreign bank account, the contractor must properly fill out form GFS-FO-CLM-089 and attach it to each invoice in the IPP where payment to a foreign bank account is requested. The form can obtained by e-mailing CGFSIPPITSForm@state.gov.

(d) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(e) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

[End of instructions]

Section H - Special Contract Requirements

H.01 - Performance and Payment Bonds

H.01 Performance and Payment Bonds (DEC 2015)

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

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

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

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

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

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

(d) Individual Sureties.

(1) If individual surety bonds are furnished for payment and performance bonds, the individual sureties must submit with their bonds proof of ownership and value of the assets which they claim in their net worth. The Government's preferred method of proof is to have a statement of net worth prepared by a certified public accountant in accordance with generally accepted accounting principles.

The statement of net worth on the SF 28, Affidavit of Individual Suretyis not in itself sufficient and will not be accepted absent of ad-ditional proof of value and ownership.

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

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

[End of Clause]

H.02 - Compensation and Liability Insurance (DEC 2015)

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

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

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

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' 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 writing 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 insurance policies which reflect that the cancellation/change provisions of this contract have been met.

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

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

(End of Clause)

H.03 - Builders Risk Insurance

a. The Contractor is responsible for losses suffered prior to Government acceptance of the work. Therefore, the Contractor is responsible 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 subcontract 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, effective dates and dates of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance 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.

[End of Clause].

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

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

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

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

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

[End of Clause]

H.05 - Construction Program (DEC 2015)

a. The Contractor shall submit a progress schedule of construction in accordance with the requirements set forth in the SOW. The Contractor's progress schedule shall account for the assigned workday calendar, seasonal weather conditions, and other constraints considered in the planning and scheduling of all work to ensure the completion within the allotted contract time. The progress sched-ule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period.

b. If the Contractor fails to submit a progress schedule within the time prescribed, the Contracting Officer (CO) may withhold ap-proval of progress payments until the Contractor submits the required progress schedule. Until such time as the submitted progress schedule is compliance confirmed as the official schedule of the project, the CO may withhold approval of progress payments.C.If, in the opinion of the CO, the Contractor falls behind the compliance confirmed progress schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the CO, without additional cost to the Government. In this circumstance, the CO may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the CO deems ne-cessary to demonstrate how the approved rate of progress will be regained.

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

[End of Clause]

H.06 - Construction Safety Requirements (DEC 2015)

a. Offerors shall obtain and review the current Construction Industry "OSHA Safety and Health Standards (29 CFR 1926)" and the

U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated November 30, 2014 Offerors shall utilize these standards in preparing required safety programs.

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

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

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

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

[End of Clause]

H.07 - Utility and Telephone Services (DEC 2015)

The U.S. Section, International Boundary and Water Commission will not provide any uttilities. The Contractor shall, at their own expense and in a work man like manner satis- factory to the Contracting Officer, install and maintain all necessary temporary connections and distribution lines, and shall remove the same prior to final acceptance of the work by the Government.

[End of Clause]

H.09 - Administration of Default (Fixed-Price Construction) (DEC 2015)

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

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

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

[End of Clause]

H.10 - Time Extensions for Unusually Severe Weather (DEC 2015)

a. This provision specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction). The listing below defines the monthly anticipated adverse weather for the contract period and is based on NOAA or similar data for the geographical location of the sites around Amistad Dam.

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

NOAA Sites around Amistad Dam

b. Determination:

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

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

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

a. The Contractor's progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities [End of Clause]

H.11 - 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)

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

a. 1. In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier subcon- tract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier sub- contractor is increased by $150,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed

$157,500.00 ($150,000.00 x 1.05).

a. 1. Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office super- visors and staff (including clerical), home office overhead, field overhead, security, use of small tools, and incidental job site burdens (including office equipment, trailer rental, utilities).

a. 1. Bond…