191BWC25B0003.pdf

CGFS // CGFS Document Number: 191BWC25B0003 DRAFT Page 1 of 58

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

191BWC25B0003 X

SEALED BID (IFB)

INVITATION TO BID

NEGOTIATED (RFP)

REQUEST FOR

PROPOSAL

2. TYPE OF SOLICITATION 3. DATE ISSUED

05/12/2025

PAGE OF PAGES

1 58

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

FY25S4221001

6. PROJECT NUMBER

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

Adrian I Knights

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

(915)832-4723

c. EMAIL knightsai@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 number, date)

The Contractor shall furnish all labor, material, and equipment necessary for Amistad Reservoir and Dam Replacement of Penstock #5 Hydraulic System. 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 on 06-04-2025. All request for information must be submitted in writing. (Microsoft Word documents only) no later than 2:00 pm CT on 06-02-2025. Questions should be sent to adrian.knights@ibwc.gov and seone.jones@ibwc.gov. Wage Determinations TX 20250090 dated 01-03-2025 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 $45 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 within 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.

15:00 MTa.

07/02/2025

b. An offer guarantee X is, is not required.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.

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:

NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CONTACT:

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

NUMBER

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. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

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)

Seone M Jones

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 05/12/2025 31c. DATE

STANDARD FORM 1442 (REV. 12/2022)BACK

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Table of Contents

Section Description Page Number

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

C.01 Descriptions/Specifications/Statement of Work E Inspection and Acceptance

52.246-12 Inspection of Construction (Aug 1996) F Deliveries or Performance

52.236-15 Schedules for Construction Contracts (Apr 1984) 52.242-14 Suspension of Work (Apr 1984) 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)

G Contract Administration Data IBWC 242-70 Designation of Contracting Officer IBWC 242-71 Contractor's Officer Representative IBWC 242-74 Contracting Officer

INV-IPP ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

G.1 USIBWC's Small Business Subcontracting Plan Goals

H Special Contract Requirements IBWC.01 Performance and Payment Bonds (DEC 2015) IBWC.02 Compensation and Liability Insurance IBWC.03 Builders Risk Insurance (DEC 2015) IBWC.04 Brand Name or Equal (DEC 2015) IBWC.05 Technical Data Submittal Requirements (DEC 2015) IBWC.06 Accident Prevention and Pre-Planning (DEC 2015) IBWC.07 Construction Program (DEC 2015) IBWC.08 Construction Safety Standards (DEC 2015) IBWC.10 Contract Work Schedule (DEC 2015) IBWC.11 Utility and Telephone Services (DEC 2015) IBWC.12 Administration of Default (Fixed-Price Construction) (DEC 2015) IBWC.13 Time Extensions for Unusually Severe Weather (DEC 2015) IBWC.14 Change Orders and Contract Modifications: Limitations on Markups (DEC 2015) IBWC.15 Damage from the Elements - Diversion of Water (DEC 2015) IBWC.16 Contract Closeout Procedures (DEC 2015) IBWC.17 Extended Warranties IBWC.09 Cultural Resources (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) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 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)

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52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 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) 52.214-26 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) 52.214-29 Order of Precedence-Sealed Bidding (Jan 1986) 52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 52.219-28 Postaward Small Business Program Rerepresentation (Jan 2025) 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)(DEVIATION FEB 2025) 52.222-7 Withholding of Funds (May 2014) 52.222-8 Payrolls and Basic Records (Jul 2021) 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014)(DEVIATION FEB 2025) 52.222-12 Contract Termination-Debarment (MAY 2014)(DEVIATION FEB 2025) 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) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Alt I Equal Opportunity for Workers with Disabilities (Jun 2020) - Alternate I (Jul 2014) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)..

52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (Jan 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-20 Aerosols (May 2024) 52.223-21 Foams (May 2024) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 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) 52.228-5 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) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 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) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

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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) 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I (Apr 1984) 52.236-17 Layout of Work (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) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025)(DEVIATION

FEB 2025)

52.245-9 Use and Charges (Apr 2012) 52.246-21 Warranty of Construction (Mar 1994) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 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) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) 52.219-8 Utilization of Small Business Concerns (Jan 2025) 52.219-9 Alt II Small Business Subcontracting Plan (Jan 2025) - Alternate II (Nov 2016) 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Aug 2018) 52.225-9 Buy American-Construction Materials (Oct 2022) 52.233-1 Disputes (May 2014) 52.236-1 Performance of Work by the Contractor (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.248-3 Value Engineering-Construction (Oct 2020)

J List of Attachments J.1 List of Attachments

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014) 52.204-8 Annual Representations and Certifications (JAN 2025)(DEVIATION FEB 2025) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (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 (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.207-1 Notice Of Standard Competition (May 2006) 52.214-19 Contract Award-Sealed Bidding-Construction (Aug 1996) 52.222-5 Construction Wage Rate Requirements - Secondary Site of the Work (May 2014)

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52.211-6 Brand Name or Equal (Aug 1999) 52.214-3 Amendments to Invitations for Bids (Dec 2016) 52.214-4 False Statements in Bids (Apr 1984) 52.214-5 Submission of Bids (Dec 2016) 52.214-6 Explanation to Prospective Bidders (Apr 1984) 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999) 52.214-12 Preparation of Bids (Apr 1984) 52.214-18 Preparation of Bids-Construction (Apr 1984) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I (Feb 1995)

L.1 PRE-BID CONFERENCE AND SITE VISIT

L.2 Bid Submission L.3 Bid Guarantee L.4 Qualifications of Bidders L.5 Contractor's Contract Administrator

L.7 PROFESSIONAL BEHAVIOR

M Evaluation Factors for Award 52.217-3 Evaluation Exclusive of Options (Apr 1984)

M.1 AWARD

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Section B - Supplies or Services and Prices/Costs

Line Item Summary

Solicitation Number:

191BWC25B0003

Contract Number: Title:

Replacement of Penstock 5 Hydraulic System

Date of Solicitation:

05/12/2025

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: Y1KA

PSC Description: CONSTRUCTION OF DAMS

Type of Contract Pricing: Firm Fixed Price

1.0 LS $0.00 $0.00

Description: Mobilization/Demobilization (01.71.13)

Reference Line: FY25S4221001 - 001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: Y1KA

PSC Description: CONSTRUCTION OF DAMS

Type of Contract Pricing: Firm Fixed Price

1.0 LS $0.00 $0.00

Description: Contract Closeout (01.77.19)

Reference Line: FY25S4221001 - 002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: Y1KA

PSC Description: CONSTRUCTION OF DAMS

Type of Contract Pricing: Firm Fixed Price

1.0 LS $0.00 $0.00

Description: Replace Complete HPU System (35.23.26)

Reference Line: FY25S4221001 - 003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: Y1KA

PSC Description: CONSTRUCTION OF DAMS

Type of Contract Pricing: Firm Fixed Price

1.0 LS $0.00 $0.00

Description: Penstock #5 Inspection (Systems and Structures) (02.21.23)

Reference Line: FY25S4221001 - 004

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: Y1KA

PSC Description: CONSTRUCTION OF DAMS

Type of Contract Pricing: Firm Fixed Price

1.0 LS $0.00 $0.00

Description: New Bulkhead (05.15.23) (optional CLIN)

Reference Line: FY25S4221001 - 005

CLIN Funding: Cost:

Base Totals: $0.00 $0.00

Exercised Options Totals: $0.00 $0.00

Unexercised Options Totals: $0.00 $0.00

Base and Options Totals: $0.00 $0.00

Section C - Descriptions/Specifications/Statement of Work

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C.01 - Descriptions/Specifications/Statement of Work

The specifications and drawings for this solicitation 191BWC25B0003 are referenced in Section J and included as attachments to this document.

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

52.236-15 Schedules for Construction Contracts (Apr 1984)

52.242-14 Suspension of Work (Apr 1984)

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

The Contractor shall be required to (a) commence work under this contract within 10 [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 four hundred and eight five (485) calendar days. Construction work shall be completed within three hundred and sixty five (365) calendars days including delivery of new bulkhead, if awarded. All closeout documents and final paperwork shall be provided within one hundred and twenty (120) calendar days..* 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 $1,259.85 daily for construction and $396.44 daily for closeout. [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)

52.211-13 - Time Extensions (Sept 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

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(End of clause)

Section G - Contract Administration Data

IBWC 242-70 - Designation of Contracting Officer

The Contracting Officer for this contract is:

Name: Seone Jones Address: International Boundary & Water Commission, United States & Mexico (USIBWC) 4191 N Mesa El Paso, TX 79902 Telephone 915-832-4120 Email: Seone.Jones@ibwc.gov Changes to the Contracting Officer shall be made in writing.

IBWC 242-71 - Contractor's Officer Representative

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 contract price, quantity, or quality, 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 located at the .

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

(end of clause)

IBWC 242-74 - Contracting Officer

"Contracting Officer" means a person with the authority to enter into, administer, and-or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer within the limits of their authority as delegated by the Contracting Officer.

(end of clause)

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.

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(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]

G.1 - USIBWC's Small Business Subcontracting Plan Goals

Small Businesses: At least 23% of contract dollars must go to small businesses.

Women-Owned Small Businesses: 5% of contract dollars.

Socially Disadvantaged Small Businesses: 5% of contract dollars.

Service-Disabled Veteran-Owned Small Businesses: 3% of contract dollars.

HUBZone Small Businesses: 3% of contract dollars.

Section H - Special Contract Requirements

IBWC.01 - Performance and Payment Bonds (DEC 2015)

(a) For contracts that exceed $150,000.00 the Contractor shall, within ten (10) calendar days after award of contract, furnish to the Government bonds as follows:

(a)(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.

(a)(2) SF 25A, Payment bond. Payment bond with a surety or sureties approved by the Contracting Officer, assuring payment as required by law to all persons 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

CGFS // CGFS Document Number: 191BWC25B0003 DRAFT Page 11 of 58 power of attorney to the signatory agency or attorney in fact, and (1) be executed by the corporate surety upon a date reasonably proximate to the date of the bond, or (2) the power of attorney shall be accompanied by a certification of the surety to the effect that the power of attorney was in full force and effect upon a date reasonable proximate to the date of the bond.

(d) Individual Sureties.

(d)(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 Surety is not in itself sufficient and will not be accepted absent of additional proof of value and ownership.

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

(d)(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]

IBWC.02 - Compensation and Liability Insurance

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.

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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]

IBWC.03 - Builders Risk Insurance (DEC 2015)

(a) The Contractor is responsible for losses suffered prior to Government acceptance of the work. Therefore, the Contractor is 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. 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]

IBWC.04 - Brand Name or Equal (DEC 2015)

If items called for by this Solicitation have been identified in the specifications by a “Brand Name or Equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory (Reference Section I, FAR Clause 52.236-5 entitled Material and Workmanship). The determination as to equality of a product shall be the responsibility of the Government and will be based on information furnished during the submittal process (Reference Technical Specification Section 01.33.00-Submittals). As used in this clause, the term “brand name” includes identification of products by manufacturer, make, and/or model.

[End of Clause]

IBWC.05 - Technical Data Submittal Requirements (DEC 2015)

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(a) Technical data required to be provided to the government are described in the paragraph entitled “Submittal Requirements” in the Technical Specifications Section 01.33.00-Submittals.

(b) If the Contractor fails to provide required technical data within the time(s) specified in this contract, or any extension, such failures shall be considered to demonstrate unsatisfactory progress and:

(b)(1) There shall be retained from the progress or other payments under this contract such amount(s) as the Contracting Officer considers adequate protection to the Government, therefore.

(b)(2) The Contractor and its sureties shall be liable to and assessed by the Government for all damages caused by such failure.

(b)(3) The Contractor’s right to proceed with the work that has been delayed may be terminated for default.

(c) In the event the Contractor provides submittals prior to Notice to Proceed, the Government may review the submittals prior to the Notice to Proceed. The Contractor shall not seek compensation for efforts spent on the preparation of submittal documents submitted prior to the Notice to Proceed.

(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(e) The Government may expedite the review of submittals. Expedite is defined as any review time less than the allotted time specified for the review of the submittal in Section 01.33.00. However, the Government reserves the right to require up to the amount of time specified in Section 01.33.00 for review of submittals or resubmittals.

[End of Clause]

IBWC.06 - 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 measures for personnel performing required work. The plan for accomplishing work shall be submitted prior to commencing operations.

[End of Clause]

IBWC.07 - Construction Program (DEC 2015)

(a) The Contractor shall submit a progress schedule of construction in accordance with the requirements set forth in the Technical Specifications Section 01.32.16-Construction Progress Schedule. The initial compliance confirmed progress schedule under Section 01.32.16 shall serve as a baseline for the project. The Contractor's progress schedule shall account for the assigned workday calendar, seasonal weather conditions, and other constraints considered in the planning and

CGFS // CGFS Document Number: 191BWC25B0003 DRAFT Page 14 of 58 scheduling of all work to ensure the completion within the allotted contract time. The progress schedule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a progress schedule within the time prescribed, the Contracting Officer (CO) may withhold approval 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.

(b) 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 necessary 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 contract. 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]

IBWC.08 - Construction Safety Standards (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 March 15, 2024 (see Specification Section 01.35.23-Safety), prior to submitting offers and preparing required safety program.

Offerors shall utilize these standards in preparing required safety programs.

(b) 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 March 15, 2024. This manual is available from:

www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf.

(c) 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]

IBWC.10 - Contract Work Schedule (DEC 2015)

(a) Normal working hours for the Contractor shall not be earlier than 6:00 am nor later than 5:30 pm, Monday through Friday, excluding Federal Holidays. If the Contractor wishes to work during periods other than that above or in excess of 40 hours per week, additional Government inspection forces will be required. The Contractor shall notify the Contracting Officer's Representative (COR) three (3) business days in advance of their desire to work during other periods to allow the determination if additional inspection forces are reasonably available. If such forces are reasonably available, the Contracting Officer or COR may authorize the Contractor to perform work during periods other than normal duty hours/ days or in excess of 40 hours per week; however, if additional inspection forces are required to perform in excess of their

CGFS // CGFS Document Number: 191BWC25B0003 DRAFT Page 15 of 58 normal duty hours/days, the actual cost of the overtime inspection at overtime rates will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

(b) Consistent with Section 6103(a) of Title 5 of the United States Code the following are legal public holidays:

(b)(1) New Year’s Day, January 1.

(b)(2) Birthday of Martin Luther King, Jr., the third Monday in January.

(b)(3) Washington’s Birthday, the third Monday in February.

(b)(4) Memorial Day, the last Monday in May.

(b)(5) Juneteenth National Independence Day, June 19.

(b)(6) Independence Day, July 4.

(b)(7) Labor Day, the first Monday in September.

(b)(8) Columbus Day, the second Monday in October.

(b)(9) Veterans Day, November 11.

(b)(10) Thanksgiving Day, the fourth Thursday in November.

(b)(11) Christmas Day, December 25.

(c) A listing of Federal Holidays are available at the following link:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/ For Holidays that fall on a Saturday, for Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes (See 5 U.S.C. 6103(b)). For Holidays that fall on a Sunday, for Federal employees, the following Monday will be treated as a holiday for pay and leave purposes (See section 3(a) of Executive order 11582, February 11, 1971).

(d) If the above holidays are a paid holiday and results in works hours in excess of 40 hours in any workweek, laborers and mechanics shall be paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours consistent with FAR Clause 52.222-4.

[End of Clause]

IBWC.11 - Utility and Telephone Services (DEC 2015)

The U.S. Section, International Boundary and Water Commission will not provide utility (water, internet, gas, and electricity) and telephone services to the Contractor. The Contractor shall, at their own expense and in a workmanlike manner satisfactory 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]

IBWC.12 - 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

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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 determine 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]

IBWC.13 - Time Extensions for Unusually Severe Weather (DEC 2015)

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 project. The weather conditions for this contract is based upon the weather station at NOAA 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

(a) Determination:

(a)(1) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. 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 impacted by actual adverse weather days.

(a)(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 examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to a time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's workday and delay work critical to the timely completion of the project. These subsequently occurring adverse weather days must fall on a scheduled workday to count towards the entitled time extension. The Contracting Officer will convert any delays to meeting the above requirements to calendar days and issue a modification in accordance with the Contract Clause, 52.249-10, Default (Fixed-Price Construction).

(a)(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.

(b) The Contractor's progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

IBWC.14 - Change Orders and Contract Modifications: Limitations on Markups (DEC 2015)

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

(b)(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $150,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $157,500.00 ($150,000.00 x 1.05).

(b)(3) Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office supervisors and staff (including clerical), home office overhead, field overhead, security, use of small tools, and incidental job site burdens (including office equipment, trailer rental, utilities).

(b)(4) Bond premium adjustments and state and local taxes arising out of changes and modifications directed by the Government shall be subject to a separate allowance independent of the overhead and fee limitations described above.

(b)(5) The fee and overhead limitations described above shall not apply to self performed work by any…