Applicable Clauses 09232026.docx
DOCX document 29 KB Posted
- Solicitation number
- FY263142102
About this file
This is an Applicable Clauses document that outlines the contractual provisions and terms governing the procurement of Flexible Base Material for Hidalgo, Cameron, and Willacy Counties in Texas under solicitation number FY263142102. The document incorporates Federal Acquisition Regulation (FAR) clauses by reference and full text, establishing the legal framework for this 100% small business set-aside solicitation. The contract will be awarded using a Lowest Price Technically Acceptable (LPTA) evaluation methodology, with the Government reserving the right to award without discussion or to negotiate a fair and reasonable price. All pricing must be inclusive of applicable Federal, State, and local taxes, and options will be evaluated by adding their total price to the basic requirement for award purposes.
Key contractual requirements include that all offerors must maintain active credentials in the System for Award Management (SAM.gov) and provide their UEID number with their quotation. Quotes must be submitted via email to seone.jones@ibwc.gov no later than 2:00 pm MDT on September 29, 2026, with questions due by 2:00 pm MDT on September 26, 2026, directed to suzette.smith@ibwc.gov. The U.S. Section International Boundary and Water Commission (USIBWC) will process invoices through the secure Invoice Processing Platform (IPP) at no cost to vendors. The contract incorporates numerous FAR clauses addressing representations and certifications, small business compliance, personal identity verification, workplace protections, and commercial entity code reporting. All vendors must comply with personal protective equipment requirements and are subject to site visit protocols as determined by the Government.
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Other files
| File | Type | Posted |
|---|---|---|
| EXHIBITS 1-12.pdf | ||
| PWS Flexbase 20263142102.docx | DOCX document | |
| Price Sheet - FY263142102.docx | DOCX document |
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Text version
APPLICABLE CLAUSES AND PROVISIONS
U.S. Section International Boundary and Water Commission (USIBWC Provisions By Reference Text:
· FAR 52.204-7, System for Award Management (OCT 2018)
· FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)
· FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
· FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)
· FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) [1, 2, 3]
Provisions By Full Text:
FAR 52.212-2, Evaluation—Commercial Products and Commercial Services (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (Lowest Price Technically Acceptable – LPTA) . Contractor shall provide a breakdown for the total requirement and scope of this solicitation. Pricing shall be inclusive of all costs to include all applicable Federal, State, and local taxes . Award may be awarded without discussion, but the Government reserves the right to negotiation of a fair and reasonable price .
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement . The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced . Evaluation of options shall not obligate the Government to exercise the option(s) .
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party . Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award .
(End of provision) FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (OCT 2025) [1] Offerors complete paragraph (b) if annual representations and certifications are updated electronically via SAM.gov; otherwise, paragraphs (c) through (v) apply . Full-text definitions for this section are incorporated by reference, and offerors must ensure active credentials in SAM in compliance with FAR 4.1201 . (End of provision)
Clauses By Reference Text:
· FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011)
· FAR 52.204-13, System for Award Management Maintenance (OCT 2018)
· FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020)
· FAR 52.204-19, Incorporation by Reference of Representations and Certifications (DEC 2014)
· FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)
· FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
· FAR 52.237-2, Protection of Government Building, Equipment and Vegetation (APR 1984)
· FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998)
Clauses By Full Text:
52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAR 2026) The Contractor complies with applicable FAR clauses incorporated by reference to implement provisions of law or Executive orders for commercial products and services. The full list of incorporated clauses—including 52.203-6, 52.204-10, 52.209-6, 52.209-9, 52.219-6, 52.219-8, 52.219-9, 52.219-14 (Reserved), 52.219-16, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-50, 52.225-3, 52.225-13, 52.226-8, 52.232-33, and 52.242-5—can be found in the referenced documentation . (End of clause)
Invoice Processing Platform (IPP) The U.S. Section International Boundary and Water Commission (USIBWC) utilizes the secure, web-based Invoice Processing Platform (IPP) managed by the Department of the Treasury and the Federal Reserve Bank of St. Louis for electronic invoicing at no cost to commercial vendors . Access details are provided upon award .
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