191BWC26R0009 OM SBIWTP Services.pdf

Document Number: 191BWC26R0009 PROCESSED Page 1 of 42

SOLICITATION, OFFER, AND AWARD

1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15

CFR 700.

RATING PAGE OF PAGES

1 42

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

191BWC26R0009

SEALED BID (IFB) INVITATION

FOR BID

X NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

4. TYPE OF SOLICITATION 5. DATE

ISSUED

09/25/2026

6. REQUISITION/PURCHASE NUMBER

FY27R3321007

CODE IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

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

SOLICITATION

(Hour) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in ______________________________________________________ until ___ 02:00 MT_______ ______ local time ________01/06/2027_________

10. FOR

INFORMATION

E-MAIL:

A. NAME

Philip Johnson

B. TELEPHONE (NO

COLLECT CALLS)

C. E-MAIL ADDRESS

johnsonpk@state.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1-2 X I CONTRACT CLAUSES 5-7

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT X J LIST OF ATTACHMENTS 15-16

X D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8

X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

16-18

X F DELIVERIES OR PERFORMANCE 9

X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 18-26X G CONTRACT ADMINISTRATION DATA 9-10

X M EVALUATION FACTORS FOR AWARD 27-38X H SPECIAL CONTRACT REQUIREMENTS 10-14

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDAR DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: UEI: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE:25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Philip Johnson (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. AWARD DATE

09/25/2026

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

CGFS // CGFS

Document Number: 191BWC26R0009 PROCESSED Page 2 of 42

Section A - Solicitation/Contract Form

Line Item Summary

Solicitation Number:

191BWC26R0009

Contract Number: Title:

AWARD: FY27 South Bay IWTP O M Contract

Date of Solicitation:

09/25/2026

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2027 - 05/31/2028

Description: Base Year - 25MGD

Reference Line: FY27R3321007 - 001

Pricing Options: Base

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2027 - 05/31/2028

Description: Base Year - 10MGD

Reference Line: FY27R3321007 - 002

Pricing Options: Base

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2028 - 05/31/2029

Description: 1st Option Year - 25MGD

Reference Line: FY27R3321007 - 003

Pricing Options: Unexercised Option

Document Number: 191BWC26R0009 PROCESSED Page 3 of 42

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2028 - 05/31/2029

Description: 1st Option Year - 10MGD

Reference Line: FY27R3321007 - 004

Pricing Options: Unexercised Option

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2029 - 05/31/2030

Description: 2nd Option Year - 25MGD

Reference Line: FY27R3321007 - 005

Pricing Options: Unexercised Option

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2029 - 05/31/2030

Description: 2nd Option Year - 10MGD

Reference Line: FY27R3321007 - 006

Pricing Options: Unexercised Option

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2030 - 05/31/2031

Document Number: 191BWC26R0009 PROCESSED Page 4 of 42

Description: 3rd Option Year - 25MGD

Reference Line: FY27R3321007 - 007

Pricing Options: Unexercised Option

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2030 - 05/31/2031

Description: 3rd Option Year - 10MGD

Reference Line: FY27R3321007 - 008

Pricing Options: Unexercised Option

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2031 - 05/31/2032

Description: 4th Option Year - 25MGD

Reference Line: FY27R3321007 - 009

Pricing Options: Unexercised Option

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

PSC: M1PD

PSC Description: OPERATION OF WASTE

TREATMENT AND STORAGE FACILITIES

Type of Contract Pricing: Firm Fixed Price

12.0 EA

Delivery Schedule:

Delivery Number Delivery Date Quantity FOB Point 1 09/02/2026 12.000000 Destination

Period of Performance: 06/01/2031 - 05/31/2032

Description: 4th Option Year - 10MGD

Reference Line: FY27R3321007 - 010

Pricing Options: Unexercised Option

Document Number: 191BWC26R0009 PROCESSED Page 5 of 42

CLIN Funding: Cost:

Base Totals:

Exercised Options Totals:

Unexercised Options Totals:

Base and Options Totals:

Clause Title Fill-ins

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

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)

(DEVIATION)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(DEVIATION JAN 2026)

52.204-13 System for Award Management-Maintenance (DEVIATION JAN 2026)

52.204-14 Service Contract Reporting Requirements (DEVIATION JAN 2026)

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

(DEVIATION JAN 2026)

Document Number: 191BWC26R0009 PROCESSED Page 6 of 42

Clause Title Fill-ins

52.215-2 Audit and Records-Negotiation (DEVIATION FEB 2026)

52.215-14 Integrity of Unit Prices (Nov 2021)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (DEVIATION FEB 2026)

52.215-19 Notification of Ownership Changes (DEVIATION FEB 2026)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications (DEVIATION FEB 2026)

52.219-8 Utilization of Small Business Concerns (DEVIATION FEB 2026)

52.219-9 Small Business Subcontracting Plan (DEVIATION FEB 2026)

52.219-9 Alt I Small Business Subcontracting Plan (DEVIATION FEB 2026) - Alternate I

(FEB 2026)

52.219-16 Liquidated Damages-Subcontracting Plan (DEVIATION FEB 2026)

52.222-1 Notice to the Government of Labor Disputes (DEVIATION FEB 2026)

52.222-3 Convict Labor (DEVIATION FEB 2026)

52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation

(DEVIATION FEB 2026)

52.222-35 Equal Opportunity for Veterans (DEVIATION FEB 2026)

52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION FEB 2026)

52.222-37 Employment Reports on Veterans (DEVIATION FEB 2026)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEVIATION FEB 2026)

52.222-41 Service Contract Labor Standards (DEVIATION FEB 2026)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (DEVIATION FEB 2026)

52.222-50 Combating Trafficking in Persons (DEVIATION FEB 2026)

52.222-54 Employment Eligibility Verification (DEVIATION FEB 2026)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(DEVIATION FEB 2026)

52.222-62 Paid Sick Leave Under Executive Order 13706 (DEVIATION FEB 2026)

Document Number: 191BWC26R0009 PROCESSED Page 7 of 42

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(DEVIATION FEB 2026)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

52.225-1 Buy American-Supplies (DEVIATION FEB 2026)

52.226-7 Drug-Free Workplace (May 2024)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

(May 2024)

52.227-1 Authorization and Consent (Jun 2020)

52.227-14 Rights in Data-General (May 2014)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.228-14 Irrevocable Letter of Credit (Nov 2014)

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

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

52.233-1 Disputes (DEVIATION JAN 2026)

52.233-3 Protest after Award (DEVIATION JAN 2026)

52.233-4 Applicable Law for Breach of Contract Claim (DEVIATION JAN 2026)

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

52.237-3 Continuity of Services (Jan 1991)

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

52.242-13 Bankruptcy (July 1995)

52.243-1 Changes-Fixed-Price (DEVIATION JUL 2025)

52.244-6 Subcontracts for Commercial Products and Commercial Services

(DEVIATION JAN 2026)

Document Number: 191BWC26R0009 PROCESSED Page 8 of 42

52.245-1 Government Property (Sep 2021)

52.245-1 Alt I Government Property (Sep 2021) - Alternate I (Apr 2012)

52.245-9 Use and Charges (Apr 2012)

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

52.253-1 Computer Generated Forms (DEVIATION FEB 2026)

52.204-7 System for Award Management - REGISTRATION (DEVIATION JAN

2026)

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data (DEVIATION FEB 2026)

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.

E.01 - Time Required for Inspection and Acceptance

The time required by the Government for inspection and acceptance of each deliverable/submittal shall be in accordance with the

Performance Work Statement. Method of preparation, including quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with this Contract.

E.02 - Inspection and Acceptance

a. Inspection. Inspection of all deliverable/submittal items will be by the appointed COR or CO as set forth in this Contract.

b. Acceptance. Acceptance will be by the appointed COR or CO based upon conformance to the requirements set forth in this Contract. CO acceptance will be based upon the COR's technical inspection and recommendations.

52.242-15 - Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

Document Number: 191BWC26R0009 PROCESSED Page 9 of 42

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

52.242-17 - Government Delay of Work (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of clause)

F.01 - Place of Performance

The required services shall be performed at the South Bay International Wastewater Treatment Plant (SBIWTP) and appurtenant facilities located at 2995 Clearwater Way, San Diego, California.

F.02 - Contract Period of Performance

The Contractor shall perform the services stated herein for the period(s) as stated in the Schedule in Section B. Options to extend services shall be exercised at the unilateral right of the Government in accordance with FAR 17.207. The award of this Contract for the base period does not create any right in this Contract for option years.

F.03 - Delivery Address

Items to be delivered to the Contracting Officer as required by the Performance Work Statement shall be delivered to USIBWC Headquarters. Items to be delivered to the Contracting Officer’s Representative as required by the Performance Work Statement shall be delivered to the San Diego Field Office.

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

Document Number: 191BWC26R0009 PROCESSED Page 10 of 42

The destination for F.O.B. Destination shall be SBIWTP.

G.01 - Contracting Officer

“Contracting Officer” means an USIBWC Acquisition Division employee with the authority to enter into, administer, and/ or terminate contracts and make related determinations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO. Only the Contracting Officer is authorized to change or alter this contract, obligate the United States Government, or direct changes in work. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

G.02 - Designation of Contracting Officer

The CO for this contract is: Name: Philip Johnson Address: 4191 N Mesa St., El Paso, TX 79902-1441Telephone: 915-255-9324 Email: Philip.Johnson@ibwc.gov

G.03 - Contracting Officer's Representative

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The COR will act for the CO only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the CO by executed modification to the contract. The limits of the COR will be in accordance with FAR 1. 604.The COR will be appointed in writing after contract award.

G.04 - 04 Payments

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

G.05 - Invoice Submission via Invoice Processing Platform (IPP)

All invoices for this contract shall be submitted electronically using the U.S. Department of the Treasury’s Invoice Processing Platform (IPP). The Contractor must register for IPP at https://www.ipp.gov if not already registered. For assistance, contact the IPP Help Desk at (866) 973-3131or ippgroup@fiscal.treasury.gov.

Invoices must specify the contract number, applicable CLIN(s), and the period of performance.

Each invoice must include a summary of completed deliverables and performance metrics as required by the contract and PWS.

Payment will be made upon acceptance of deliverables by the COR/CO in accordance with FAR52.232-1 and 52.246-4.

Supporting documentation must demonstrate completion and acceptance of all deliverables for the invoiced period.

H.01 - Payments

Payment is based on completion of specified deliverables and performance standards.

Document Number: 191BWC26R0009 PROCESSED Page 11 of 42

No adjustment to price except as provided by contract clauses (e.g., changes, equitable adjustments). Contractors assume full responsibility for cost control and performance risk. Performance metrics include regulatory compliance, uptime, effluent quality, and responsiveness.

Applicable Clauses:

FAR 52.246-4 Inspection of Services—Fixed-Price FAR 52.232-1 Payments FAR 52.243-1 Changes—Fixed-Price Clarification: The performance metrics referenced in this clause are post#award acceptance standards only. They do not constitute comparative evaluation criteria and will not be used to rank, score, or otherwise discriminate among offerors under Section M’s HTR#FRP method of award.

H.02 - Government-Contractor Relationship

The services to be delivered under this Contract are non-personal services. No employer-employee or master servant relationships exist or will exist under this Contract between the Government and the Contractor's employees. Contractor personnel shall not be placed in a position where they are appointed or employed by a federal officer, or are under the supervision, direction, or evaluation of a federal officer, military or civilian; nor shall they be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the USIBWC or other applicable federal agencies.

H.03 - Control of Study and Analysis Reports

All data, studies, reports, and any other information required to create the studies or reports that are produced as a result of this Contract are property of the USIBWC and shall not be released outside the USIBWC until final approval or official review of the study is accomplished. All deliverables are government property. The contractor shall mark any proprietary data appropriately and comply with FOIA and sensitive information handling requirements.

H.04 - Control of Information

The Contractor shall not duplicate or distribute in any form or manner any information and material generated during the performance of this Contract; no public release is authorized without the express written consent of the Contracting Officer.

H.05 - Service Contract Labor Standards

This Contract is subject to the requirements of Service Contract Labor Standards as amended. The Contractor shall be responsible for meeting the obligations under the Service Contract Labor Standards as amended. Any questions regarding the extent of these obligations shall be addressed to the Department of Labor. The Contractor agrees to provide the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing under the contract.

H.06 - Department of Labor Wage Determination

Enclosed with this requirement is the current U.S. Department of Labor Wage Determination No.2015-5635, Revision No. 31, Date of Revision 08/22/2026. This determination establishes the minimum hourly wage rates and fringe benefits to be paid to those service contract employees engaged in the performance of this contract (see Section J for Wage Determination).

H.07 - Conformance to All Applicable Laws and Permit Compliance

Document Number: 191BWC26R0009 PROCESSED Page 12 of 42

The Contractor shall comply with all applicable laws and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees necessary for such performance. The Contractor shall obtain and maintain any permits, licenses, and authorizations required for its own business operations (such as business licenses, employee certifications, and vehicle registrations).

The Government retains legal responsibility for all project-specific environmental and operational permits required for the SBIWTP.

The Contractor shall comply with the conditions of such permits as directed by the Government, but shall not be responsible for obtaining or maintaining project-specific permits unless expressly directed in writing by the Contracting Officer.

At all times, the Contractor shall comply with all Federal, State, and Local laws in any way affecting the Contract work.

Clarification: For source selection, offerors are evaluated on their capability to operate in compliance with applicable permits (see Section M Factors). This clause governs post#award responsibilities and does not alter the HTR#FRP evaluation method.

H.08 - Permits and Responsibilities – Special Provision (Deviation from FAR 52.236-7)

Notwithstanding the requirements of FAR 52.236-7, the Government shall retain all legal and regulatory responsibility for environmental permits associated with the South Bay International Wastewater Treatment Plant. The Contractor shall support compliance by operating the facility in accordance with permit conditions and providing timely and accurate data and reports as directed by the Government. The Contractor shall not be held liable for permit violations unless such violations result from the Contractor’s negligence or failure to perform in accordance with the contract.

Clarification: This allocation of permit responsibility applies to contract performance only and does not change the disclosed HTR#FRP evaluation approach in Section M, under which technical proposals are ranked without regard to price.

H.09 - Notification to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the delivery schedule or dates, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the Contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative in writing, within 24 hours of identifying the delay, giving pertinent details including cause, impact, and proposed mitigation plan.

H.10 - 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 $500,000each 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 $100,000for 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 inwriting that the required insurance has been obtained. Contractor shall provide updated insurance certificates annually and notify the CO within 5days of any change or cancellation in coverage. 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 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.

Document Number: 191BWC26R0009 PROCESSED Page 13 of 42

H.11 - Key Personnel

The key personnel specified in this contract are considered to be essential to work performance. At least thirty (30) calendar days prior to removing, replacing, or diverting any of the specified individuals(or as soon as possible, if an individual must be replaced, for example, as a result of terminating employment with the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Contracting Officer's decision in regard to replacement Key Personnel shall be final.

Clarification: Section M Factor 4 addresses the pre#award evaluation of proposed staffing and key personnel commitments. This clause governs post#award changes and shall not be construed to permit substitution during evaluation or prior to award.

H.12 - Post Award Orientation Conference

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

H.13 - Section 508 Compliance

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists (see CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended). The following standard is applicable: [X] 1194.41 Information, Documentation, and Support. Deliverables shall be accessible to users with disabilities as required in Section 508 of the Rehabilitation Act of 1973, as amended. The contractor shall certify Section 508 compliance and provide a conformance statement with each deliverable.

Clarification: Offerors must demonstrate applicable Section 508 compliance as part of their proposal (see Section L/Volume II). This clause governs post#award deliverable conformance and does not introduce additional comparative evaluation criteria.

H.14 - Contract Close Out Procedures for Services

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

COR:

1. Performance Evaluation (Reference FAR Clause 42.15)

2. COR Certificate of Contract Completion Contractor:

3. Release of Claims Contracting Officer:

4. Contract Completion Statement

5. Contract Modification All closeout documentation must be submitted within 30 days of contract completion.

52.204-19 - Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Document Number: 191BWC26R0009 PROCESSED Page 14 of 42

52.217-8 - Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 - Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years (months) (years).

(End of clause)

52.222-42 - Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits Chief Electrician W-S 10 $96,980 Annual Chief Mechanic W-S 10 $96,980 Annual Wastewater Operator WG 08 $78,100 Annual Maintenance Worker WG 08 $78,100 Annual (End of clause)

52.228-16 Alt I - Performance and Payment Bonds - Other Than Construction (Nov 2006) - Alternate I (July 2000)

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

"Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to twenty-five (25) percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work.

(d) The Government may require additional performance bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

Document Number: 191BWC26R0009 PROCESSED Page 15 of 42

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the:

U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

52.252-6 - Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any FAR. [insert regulation name] (48 CFR __________) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.204-18 - Commercial and Government Entity (CAGE) Code Maintenance

Incorporated by Reference; Aug 2020)

52.204-21 - Basic Safeguarding of Covered Contractor Information Systems

Incorporated by Reference; Nov 2021)

52.204-23 - Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

(— Incorporated by Reference; Dec 2023)

52.204-27 - Prohibition on a ByteDance Covered Application

(— Incorporated by Reference; June 2023)

52.222-21 - Prohibition of Segregated Facilities

(— Incorporated by Reference; Apr 2015)

Document Number: 191BWC26R0009 PROCESSED Page 16 of 42

52.222-26 - Equal Opportunity

(— Incorporated by Reference; Sep 2016)

52.223-10 - Waste Reduction Program

(— Incorporated by Reference; May 2024)

52.225-13 - Restrictions on Certain Foreign Purchases

(— Incorporated by Reference; Feb 2021)

01 - List of Attachments

Note: CUI-marked items must be provided via controlled links only.

Attachment No. Document Title Pages Notes 01 Attch. 01 PWS SBIWTP

O&M Services

01A Attch. 01A SOM Submittal Register

N/A (workbook) Excel file

02 Attch. 02 FY26 SBIWTP

O&M QASP

03 Attch. 03 RPM – Table

TBD

04 Attch. 04 Order No.

R9#2021#0001 as amended R9#2026#0005 (NPDES Permit)

244 Updated to include 2026 amendment

04A Attch. 04A

CDO#R9#2025#0139

05 Attch. 05 List of Permits 1 06 Attch. 06 IBWC SBIWTP

Asset Registry 2024 N/A (workbook) Excel file

07 Attch. 07 FY26 IBWC Condition Assessment Report

08 Attch. 08 IBWC SBIWTP

– Asset Maintenance Schedule

N/A (workbook)

09 Attch. 09 SBIWTP Capital Project List (Sep 2025)

10 Attch. 10 Monthly Chemical Dosage 2025–2026

11 Attch. 11 Canyon Collector Daily Inspection template –

MAR 2025

N/A (workbook) Excel file

12 Attch. 12 2025 NPDES Annual Biosolids Report

Document Number: 191BWC26R0009 PROCESSED Page 17 of 42

13 Attch. 13 SBIWTP O&M Manual (CUI)

1,773 CUI – controlled access

14 Attch. 14 SBIWTP System Security Plan (SSP) –

04/2020 (CUI)

116 CUI – controlled access

15 Attch. 15 NIST SP 800#171r3

16 Attch. 16 Plans / Drawings Request Instructions

1 Word.doc template

17 Attch. 17 SBIWTP Map 13 18 Attch. 18 NIST FIPS 199 13 19 Attch. 19

SOO_V2_06192018

20 Attch. 20 SOUTH BAY Spill Prevention & Response Plan (Oct 2024)

21 Attch. 21 Wage Determinations

CA20240001 (07/26/2024)

22 Attch. 22 MX – Norma004_Semarnat_2002 (English)

23 Attch. 23 Lab sampling

QTY

N/A (workbook) Excel file

24 Attch. 24 OEP – SBIWTP (2026)

25 Attch. 25 Client Authorization Questionnaire

1 Word.doc template

26 Attch. 26 Past Performance Questionnaire (PPQ)

Distribution: Public attachments may be posted to SAM.gov; CUI items must be provided via controlled links within USIBWC SharePoint.

52.204-26 - Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations.

(1) The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

Document Number: 191BWC26R0009 PROCESSED Page 18 of 42

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ?

does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-5 - Certification Regarding Responsibility Matters (DEVIATION JAN 2026)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are __ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have __ have not __, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are __ are not __ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have __, have not __, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has __ has not __, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.215-6 - Place of Performance (DEVIATION FEB 2026)

Document Number: 191BWC26R0009 PROCESSED Page 19 of 42

(a) The offeror or respondent, in the performance of any contract resulting from this request for proposals, __ intends, __ does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance (Street Address, State, County, ZIP Code) Name and Address of Owner and Operator of the Plant of the Facility if other than Offeror or Respondent

52.204-8 - Annual Representations and Certifications

Annual Representations and Certifications (Incorporated by Reference; March 2026)

Notes: Offerors may complete annual representations and certifications in SAMs.

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.