CLASS DEVIATION MEMO.pdf

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USIBWC IMPLEMENTATION OF CLASS DEVIATION
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This document is a Class Deviation Memo from the U.S. International Boundary and Water Commission (USIBWC) issued on March 06, 2025, detailing significant changes to procurement processes in response to federal regulations and executive orders. The memo outlines specific actions for contract modifications, including the exclusion and inclusion of various Federal Acquisition Regulation (FAR) provisions and clauses related to representations, certifications, and sustainability requirements for commercial products and services.

The memo impacts 46 specific contractors listed in Attachment 1, including companies such as Arcadis U.S., Inc., CDM Federal Programs Corporation, Caterpillar Inc., and Veolia Water West Operating Services Inc. Key changes involve removing certain sustainability-related requirements, particularly those connected to Executive Order 14057, and updating procurement guidelines. The USIBWC will implement these changes through unilateral contract modifications and will publish the class deviation on their webpage to ensure compliance with Executive Orders 14148 and 14208.

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CAAC Ltr 2025-02 Supplement 1.pdf PDF
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INTERNATIONAL BOUNDARY AND WATER COMMISSION

UNITED STATES AND MEXICO

ACQUISITIONS DIVISION

4191 N. Mesa Street • El Paso, Texas 79902-1441

(915) 832-4119 • http://www.ibwc.gov

March 06, 2025

Sent Via Email: Notice Sam.gov

Subject: US SECTION INTERNATIONAL BOUNDARY AND WATER COMMISSION

(USIBWC) IMPLEMENTATION OF CLASS DEVIATION

The USIBWC is implementing recent changes to our procurement processes in response to the class deviation from the Federal Acquisition Regulation (FAR) and Executive Orders 14173 and 14168.

The following actions and updates are required to ensure compliance and maintain alignment with federal regulations and directives.

References:

• CAAC Letter 2025-01 Supplement 1

• CAAC Letter 2025- 02 Supplement 1

• FAR 1.400, Deviations from the FAR

• FAR 1.404, Class deviations

• Executive Order 14173

• Executive Order 14168

Action Items:

1. Exclusion of Specific Provisions and Clauses: The following provisions and clauses must be excluded from new solicitations or contracts:

• 52.204-8 Annual Representations and Certifications (JAN 2025)

• 52.212-3 Offeror Representations and Certifications—Commercial

Products and Commercial Services (MAY 2024)

• 52.212-5 Contract Terms and Conditions Required To Implement

Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)

• 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025)

• 52.223-1 Biobased Product Certification (MAY 2024)

• 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts (MAY 2024)

• 52.223-10 Waste Reduction Program (MAY 2024)

• 52.223-23 Sustainable Products and Services (MAY 2024)

2. Inclusion of Specific Provision and Clause Deviations: Ensure the following deviations are included in new solicitations or contracts, if applicable:

• 52.204-8 Annual Representations and Certifications (JAN 2025)

(DEVIATION FEB 2025)

• 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)

4191 N. Mesa Street • El Paso, Texas 79902

• 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

• 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025)

(DEVIATION FEB 2025)

• 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION

FEB 2025)

• 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025)

• 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)

• 52.223-23 Sustainable Products and Services (MAY 2024)

(DEVIATION FEB 2025)

3. Modifications to Existing Contracts: For existing contracts, the U.S. International Boundary and Water Commission (USIBWC) will implement changes via unilateral modification when feasible. This class deviation will be published on the USIBWC webpage to comply with Executive Orders 14148 and 14208.

4. System Updates and Representations: Please note that system updates may lag behind policy changes. The System for Award Management (SAM) may still require entities to complete representations based on provisions that are not included in agency solicitations, such as:

• 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

• Paragraph (t) of 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services

Agencies will not consider or use these representations. Entities are not required to, nor able to, update their entity registration to remove these representations in SAM.

5. Updates Pertaining to Executive Order 14208 and BioPreferred® Program: In compliance with Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws.

Additionally, the attachment reflects the recent updates to Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.

The contract numbers attached are affected by this class deviation notice are attached in this special notice.

Philip Johnson Supervisory Contracting Officer

Attachments:

(1) List of Vendors Affected

Attachment 1

191BWC22C0005 ACCESS COMMUNICATIONS GROUP LLC

191BWC21P0013 ADS LLC

191BWC24F0065 AMERICAN MATERIAL HANDLING INC

191BWC22C0016 APPLIED SECURITY TECHNOLOGIES

INC

191BWC22F0118 ARCADIS U.S., INC.

191BWC24F0086 ARCADIS U.S., INC.

IBM17T0010 ARCADIS U.S., INC.

191BWC21F0061 AT&T ENTERPRISES, LLC

191BWC20F0078 ATT MOBILITY LLC

191BWC23F0069 CATERPILLAR INC

191BWC24F0099 CATERPILLAR INC

191BWC22F0117 CDM FEDERAL PROGRAMS CORPORATION

191BWC23F0074 CDM FEDERAL PROGRAMS CORPORATION

191BWC24P0065 CDW GOVERNMENT LLC

191BWC24C0005 CITY OF SAN DIEGO

191BWC23F0080 DEPT OF THE ARMY-DC

191BWC23P0072 DEPT OF THE ARMY-DC

191BWC23F0027 DHL ANALYTICAL INC

191BWC24F0095 EGC-AGEISS LLC

191BWC24F0096 EGC-AGEISS LLC

191BWC24P0034 JNV GROUP

191BWC24P0035 JNV GROUP

191BWC21F0041 KEARNEY & COMPANY, P.C.

191BWC23F0051 KYOCERA DOCUMENT SOLUTIONS

AMERICA INC

191BWC22C0015 LAW ENFORCEMENT SPECIALISTS INC

191BWC24C0003 LH&J/ARCADIS JOINT VENTURE,

L.L.P.

191BWC22C0010 MOMAR INC

191BWC22C0011 ODIN

191BWC23C0006 ODIN

191BWC24C0008 PCL CONSTRUCTION SERVICES PCL

CONSTRUCTION A

191BWC24D0005 POLYDYNE INC.

191BWC22C0007 POWERGEN CONTROLS LLC

191BWC23P0085 ROBBWATERPARTNERS LLC

191BWC21C0003 SAK CONSTRUCTION LLC

191BWC22C0006 SAK CONSTRUCTION LLC

191BWC23P0060 SEABOARD CONTROLS, LLC

191BWC22C0002 SILVA SILVA INTERNATIONAL, LLC

191BWC22F0070 STANTEC CONSULTING SERVICES INC.

191BWC24P0085 STILES GENERAL CONTRACTORS LLC

191BWC23P0009 TATONKA TRUCKING LLC

191BWC23P0056 TEXAS ELECTRICAL & TESTING

SERVICES LLC

191BWC24P0074 TEXAS ELECTRICAL & TESTING

SERVICES LLC

191BWC22F0101 US ARMY CORPS OF ENGINEERS

191BWC22F0102 US ARMY CORPS OF ENGINEERS

191BWC22F0120 US ARMY CORPS OF ENGINEERS

191BWC20C0003 VEOLIA WATER WEST OPERATING

SERVICES INC

191BWC23C0009 VEOLIA WATER WEST OPERATING

SERVICES INC

191BWC23C0018 VEOLIA WATER WEST OPERATING

SERVICES INC

191BWC24C0006 VEOLIA WATER WEST OPERATING

SERVICES INC

191BWC22F0113 WILSON-FREESE AND NICHOLS JOINT

VENTURE

2025-03-06T14:47:42-0700
PHILIP JOHNSON

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