191BWC26R0005.pdf

Document Number: 191BWC26R0005 DRAFT Page 1 of 61

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

191BWC26R0005

SEALED BID (IFB)

INVITATION TO BID

NEGOTIATED (RFP)

REQUEST FOR

PROPOSAL

2. TYPE OF SOLICITATION 3. DATE ISSUED

06/01/2026

PAGE OF PAGES

1 61

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

FY264221003

6. PROJECT NUMBER

Retamal Dam

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 to complete the Design-Build of Retamal Dam Emergency Generator and Building. In accordance with FAR Provision 52.236-27 Alt 1, Site Visit (Construction FEB 1995) - Alternate 1 (FEB 1995), a site visit shall be held at 1030 am CST on 30 June 2026 at USIBWC Mercedes Field Office, 325 Golf Course Road, Mercedes, TX 78570. All request for information must be submitted in writing (Microsoft Word documents only) no later than 2:00 pm MST on 7 July 2026. Questions should be sent to adrian.knights@ibwc.gov. In accordance with FAR Part 36.204 Disclosure of the Magnitude of Construction Projects the estimated magnitude of this project is between $5,000,000 and $10,000,000. The applicable NAICS Code is 236220, Commercial and Institutional Building Construction with a small business size standard of $45 million. Offerors shall submit their proposals in accordance with the information referenced in Subsection L.01, Proposal Instructions for Both Phases

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving90 425 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.

a.

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

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

180d. 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)

CGFS // CGFS

X

Document Number: 191BWC26R0005 DRAFT Page 2 of 61

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

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 07/03/2026 31c. DATE

STANDARD FORM 1442 (REV. 12/2022)BACK

Document Number: 191BWC26R0005 DRAFT Page 3 of 61

Table of Contents

Section Description Page Number

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

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) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages-Construction (Sept 2000)

G Contract Administration Data IBWC 242-70 Designation of Contracting Officer IBWC 242-71 Contractor's Officer Representative IBWC 242-73 Contractor's Payment Personnel IBWC 242-74 Contracting Officer

INV-IPP ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

G.05 Notification of Government Delays

H Special Contract Requirements IBWC.01 Performance and Payment Bonds (DEC 2015) IBWC.02 Compensation and Liability Insurance (DEC 2015) 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.09 Cultural Resources (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.18 DESIGN-BUILD CONTRACT - Order of Precedence (DEC 2015) IBWC.19 DESIGN-BUILD CONTRACT - Incorporation of Designer of Record Final Design (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) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

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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 Covered Entities (Dec 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Nov 2021) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 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) 52.219-16 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) (DEVIATION FEB 2026) 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) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Aug 2018) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (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)..

52.222-50 Combating Trafficking in Persons (Oct 2025) 52.222-54 Employment Eligibility Verification (Jan 2025) 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 2024) 52.223-20 Aerosols (May 2024) 52.223-21 Foams (May 2024) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.224-3 Privacy Training (Jan 2017) 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) 52.228-12 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) 52.232-10 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)

Document Number: 191BWC26R0005 DRAFT Page 5 of 61

52.232-24 Prohibition of Assignment of Claims (May 2014) 52.232-25 Prompt Payment (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) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-23 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) 52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (Aug 1998) 52.244-5 Competition in Subcontracting (Aug 2024) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2025) 52.245-1 Government Property (Sep 2021) 52.245-1 Alt I Government Property (Sep 2021) - Alternate I (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 Alt I Default (Fixed-Price Construction) (Apr 1984) - Alternate I (Apr 1984) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 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) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) 52.225-9 Buy American-Construction Materials (Oct 2022) 52.225-10 Notice of Buy American Requirement-Construction Materials (May 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jan 2017) 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) 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 2025) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-8 Annual Representations and Certifications (Mar 2026) 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)

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52.214-4 False Statements in Bids (Apr 1984) 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.01 Pre-Bid Conference and Site Visit L.02 General Proposal Instructions L.03 Business Proposal Offeror Statements Instruction L.04 Bid Guarantee L.05 Technical Proposal Instructions L.06 Pricing Proposal Instructions L.07 Professional Behavior

M Evaluation Factors for Award M.01 Evaluation Factors For Phase One M.02 Basis For Award M.03 Phase Two Evaluation Factors For Award M.04 Phase Two Offer Evaluation M.05 Scoring Adjectives and Definitions

Document Number: 191BWC26R0005 DRAFT Page 7 of 61

Section B - Supplies or Services and Prices/Costs

Line Item Summary

Solicitation Number:

191BWC26R0005

Contract Number: Title:

Retamal Dam Emergency Generator and Building

Date of Solicitation:

06/01/2026

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

PSC: Y1JZ

PSC Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 05/08/2026 1.000000 Destination

Description: Design

Reference Line: FY264221003 - 001

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

PSC: Y1JZ

PSC Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 05/08/2026 1.000000 Destination

Description: Construction-Labor, Equipment and Material

Reference Line: FY264221003 - 002

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

PSC: Y1JZ

PSC Description: CONSTRUCTION OF

MISCELLANEOUS BUILDINGS

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 05/08/2026 1.000000 Destination

Description: Closeout, Drawing Record, and O M Manuals

Reference Line: FY264221003 - 003

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

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 for this solicitation 191BWC26R00005 are referenced in Section J and included as attachments to this document.

C.02 - Description of Work Location

1. The site access shall be coordinated with COR Heriberto Cantu. The working hours of the USIBWC facility are 7:00 am to 3:30 pm, Monday through Friday. The Contractor and any subcontractors shall only work on site during these proposed hours. USIBWC facilities, including the dam, are closed during all Federal Holidays. Workers must pass through USIBWC levees to access Retamal Dam. Border Patrol are present in the area. Contractor and subcontractor shall have identifying vehicular when working in the area. US Fish and Wildlife own land adjacent to Retamal Dam.

Contractor shall stay clear of US Fish and Wildlife Property.

2. City: Mercedes

3. County: Hidalgo

4. State: Texas

5. Latitude : 26 03'4.684"N

6. Longitude: 98 02'5.811"W

Section D - Packaging and Marking

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)

52.211-10 - 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. All closeout documents and final paperowrk 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.

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(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 $1,349.49 daily for construction and $403.64 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)

Section G - Contract Administration Data

IBWC 242-70 - Designation of Contracting Officer

The Contracting Officer for this contract is:

Name: Philip Johnson Address: 4191 N Mesa St El Paso TX 79902

(end of clause)

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.

IBWC 242-73 - Contractor's Payment Personnel

Offerors are requested to designate the person who may be contacted for bank account and-or payment information.

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.

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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]

G.01 - USIBWC's Small Business Subcontracting Plan Goals

Small Business: 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

G.05 - Notification of Government Delays

In the event the contractor encouters difficulty in meeting performance requirements, or anticipates difficulty in compying 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 construed as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract.

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Section H - Special Contract Requirements

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

H.01.A. For contracts that exceed $150,000.00 the Contractor shall, within 10 calendar days after award of contract, furnish to the Government bonds as follows:

H.01.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% of the price of the contract at the time of award.

H.01.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% of the price of the contract at the time of award.

H.01.B. Costs. All costs of furnishing performance and payment bonds shall be included in the total bid in the schedule.

H.01.C. Requirements for execution of surety bonds. Each surety company bond (performance or payment), that purports to have been executed by an agent or attorney in fact for the corporate surety, is required to have submitted with it a power of attorney to the signatory agency or attorney in fact, and (1) be executed by the corporate surety upon a date reasonably proximate to the date of the bond, or (2) the power of attorney shall be accompanied by a certification of the surety to the effect that the power of attorney was in full force and effect upon a date reasonable proximate to the date of the bond.

H.01.D. Individual Sureties.

H.01.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.

H.01.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.

H.01.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 (DEC 2015)

H.02.A. The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insurance as follows:

H.02.A.1. General Liability Insurance. General Liability Insurance for bodily injury and property damage with minimum limits $500,000 each occurrence with an aggregate of $1,000,000.

H.02.A.2. Automobile Liability. 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.

Document Number: 191BWC26R0005 DRAFT Page 12 of 61

H.02.A.3. Worker's Compensation Insurance. 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 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.

H.02.B. 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.

H.02.C. 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)

H.03.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.

H.03.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.

H.03.C. The Contractor shall procure within 10 calendar days after award of contract, and maintain during the life of this contract, Builder's Risk Insurance based on 100% of the completed value of the insurable portion of the project.

H.03.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."

H.03.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 as an additional insured.

[End of Clause]

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

Document Number: 191BWC26R0005 DRAFT Page 13 of 61

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)

H.05.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.

H.05.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:

H.05.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.

H.05.B.2. The Contractor and its sureties shall be liable to and assessed by the Government for all damages caused by such failure.

H.05.B.3. The Contractor’s right to proceed with the work that has been delayed may be terminated for default.

H.05.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.

H.05.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.

H.05.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)

H.06.A. With reference to the requirements of Contract Clause 52.236-13 (Alternate I) for an overall safety program, the Contractor shall:

H.06.A.1. Submit a detailed plan for performing each major phase of work.

H.06.A.2. Require Subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

H.06.A.3. 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)

H.07.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

Document Number: 191BWC26R0005 DRAFT Page 14 of 61 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 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.

H.07.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.

H.07.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)

H.08.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.

H.08.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.

H.08.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.09 - Cultural Resources (DEC 2015)

H.09.A. In accordance with the National Historic Preservation Act of 1966 (16 U.S.C. 470), the following procedures are implemented to ensure historic preservation and fair compensation to the Contractor for delays attendant to cultural resources investigations. In the event potential historical, architectural, archaeological, or cultural resources (herein after cultural resources) are discovered during subsurface excavations at the site of construction, the following procedures shall be instituted:

H.09.A.1. The Contractor shall immediately cease work in that area, secure the location from further disturbance and possible vandalism, and immediately notify the Contracting Officer and the Contracting Officer’s Representative.

H.09.A.2. The Contracting Officer shall issue a "Suspension of Work" directing the Contractor to cease all construction operations at the location of such potential cultural resources find.

Document Number: 191BWC26R0005 DRAFT Page 15 of 61

H.09.A.3. Such "Suspension of Work" shall be effective until such time as a qualified archaeologist can be called to assess the value of these potential cultural resources and make recommendations to the State Historical Preservation Officer. Any "Suspension of Work" shall contain the following:

H.09.A.3.a. A clear description of the work to be suspended;

H.09.A.3.b. Any instructions regarding issuance of further orders by the Contractor for material services;

H.09.A.3.c. Guidance as to action to be taken on subcontracts;

H.09.A.3.d. Any suggestions to the Contractor as to minimization of costs;

H.09.A.3.e. Estimated duration of the temporary suspension.

H.09.B. If the archaeologist determines that the potential find is a bona fide cultural resource, at the direction of the State Historical Preservation Officer, the Contracting Officer shall extend the duration of the "Suspension of Work" in writing, and the Contractor shall suspend work at the location of the find. Equitable adjustment of the construction contract shall be made in the following manner:

H.09.B.1. Time Extension. If the work temporarily suspended is on the "critical path," the total number of days for which the suspension is in effect shall be added to the number of allowable contract days. If a portion of work at the time of such suspension is not on the "critical path," but subsequently becomes work on the critical path, the allowable contract time will be computed from the date such work is classified as on the critical path.

H.09.B.2. Additional Compensation. If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by judicious handling of forces, equipment, and (plant) or redirection of forces or equipment to perform other work on the contract, there shall be paid to the Contractor an amount as determined by the Contracting Officer to be fair and reasonable compensation for the Contractor’s actual loss in accordance with the following:

H.09.B.2.a. Idle Time of Equipment. Compensation for equipment idle time will be determined on a force account (time and materials) basis and shall include the cost of extra moving of equipment and rental loss.

H.09.B.2.b. Idle Time of Labor. Compensation for idle time of workers will be determined by the Contracting Officer as "Labor" less any actual productivity factor of this portion of the work force.

H.09.B.2.c. Increased Costs of Labor and Materials. Increased costs of labor and materials will be compensated only to the extent such increase was in fact caused by the suspension as determined by the Contracting Officer.

H.09.C. Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit.

The hours for which compensation will be paid will be the actual normal working time during which such delay condition exists but will in no case exceed eight hours in any one day. The days for which compensation will be paid shall be full or partial calendar days, excluding Saturdays, Sundays, Federal and State holidays, during the existence of such delay.

H.09.D. Applicable State Historical Preservation Officer. The Texas Historical Commission is located at 1511 Colorado St., Austin, TX 78701. The Texas Historical Commission may be reached by email at thc@thc.state.tx.us, by telephone at (512) 463-6100, or by mail at: Mailing Address: PO Box 12276, Austin, TX 78711.

[End of Clause]

IBWC.10 - Contract Work Schedule (DEC 2015)

H.10.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) 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 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.

H.10.B. Consistent with Section 6103(a) of Title 5 of the United States Code the following are legal public holidays:

H.10.B.1. New Year’s Day, January 1.

H.10.B.2. Birthday of Martin Luther King, Jr., the third Monday in January.

Document Number: 191BWC26R0005 DRAFT Page 16 of 61

H.10.B.3. Washington’s Birthday, the third Monday in February.

H.10.B.4. Memorial Day, the last Monday in May.

H.10.B.5. Juneteenth National Independence Day, June 19.

H.10.B.6. Independence Day, July 4.

H.10.B.7. Labor Day, the first Monday in September.

H.10.B.8. Columbus Day, the second Monday in October.

H.10.B.9. Veterans Day, November 11.

H.10.B.10. Thanksgiving Day, the fourth Thursday in November.

H.10.B.11. Christmas Day, December 25.

H.10.C. A listing of Federal Holidays are available at the following link:

www.opm.gov/policy-data-oversight/pay-leave/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).

H.10.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)

H.12.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.

H.12.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.

H.12.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.

H.12.D. Adverse weather must prevent work for 50% or more of the…