Applicable Terms and Conditions (2).pdf

Applicable Terms and Conditions

The following clauses/provisions are applicable to this requirement. They have the same full force and effect as if provided in full text.

Terms and Conditions The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC-Circular 2025-06 posted 10/31/2025. The following clauses/provisions are applicable to this requirement. They have the same full force and effect as if provided in full text.

Clauses by Reference Text:

52.204-8 Annual Representations and Certifications JAN 2025 DEVIATION FEB 2025 52.212-3 Offeror Representations and Certifications MAY 2024 DEVIATION FEB 2025 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

JAN 2025 DEVIATION FEB 2025

52.213-4 Terms and Conditions Simplified Acquisitions JAN 2025 DEVIATION FEB 2025 52.244-6 Subcontracts for Commercial Products and Commercial Services JAN 2025

DEVIATION FEB 2025

52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-27 Prohibition on a ByteDance Covered Application

52.232.22 Limitation of Funds

52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.212-4 Contract Terms and Conditions- and Commercial Services 52.232-39 Unenforceability of Unauthorized Obligations 52.217-8 Option to Extend Services 52.217-9 Option to extend the term of the contract 52.223-2 Affirmative Procurement of Sustainable Materials 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.229-3 Federal, State, and Local Taxes 52.252-6 Authorized Deviations in Clauses 52.232-18 Availability of Funds 52.232-39 Unenforceability of Unauthorized Obligations 52.246-25 Limitation of Liability-Services.

NOTICE: Subject to the availability of funds and incremental funding The Government issues this communication under FAR 32.703 FAR 52.232 18 Availability of Funds and FAR 52.232 22 Limitation of Funds. The Government has not yet received full funding for this requirement. The contract will be incrementally funded as funds are released. No legal liability on the part of the Government exists until the Contracting Officer provides written notice that funds are available. You must not begin performance or incur costs before the Contracting Officer provides this notice.

FAR 52.252-2 - Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

(End of Clause)

52.228-5 Insurance-Work on a Government Installation.

As prescribed in 28.310 , insert the following clause: Insurance-Work on a Government Installation (a)The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b)Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective- (1)For such period as the laws of the State in which this contract is to be performed prescribe;

or (2)Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c)The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

INVOICE PROCESSING PLATFORM

The U.S. Section International Boundary and Water Commission (USIBWC) has transitioned to an electronic invoicing system. The Invoice Processing Platform (IPP) is a secure, web-based system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any https://www.acquisition.gov/ https://www.acquisition.gov/far/28.310#FAR_28_310 commercial vendor or independent contractor doing business with a participating government agency.

To enter an invoice in IPP, invoice numbers should be generated using the existing numbering format and all required fields must be populated. Attachments are supported in IPP – any supplemental documentation required for invoice submission, by the terms of the award, must be attached to the invoice. If IPP cannot accommodate the file size or quantity of the required attachments: you must submit a log file, with each invoice, that includes a list of the files that you will transmit to USIBWC, through other methods (optical disc, secure file server, etc.). After IPP accepts your submission, IPP will route the invoice to USIBWC personnel for review and approval.

Provisions By Reference Text:

52.212-1 Instructions to Offerors Commercial Products and Commercial Services

Addendum to 52.212-1 Instructions to Offerors Commercial Items

52.252-1 Solicitation Provisions Incorporated by Reference 52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting

Provisions By Full Text:

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

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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(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 use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

https://www.sam.gov/

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision

52.212-2, Evaluation-Commercial Items and Commercial Services

(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: (Best Value Tradeoff)

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) Addendum FAR 52.212-2, Evaluation-Commercial Items (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: Best Value Firm Fixed Price

(End of Addendum 52.212-2)