IBM08Q0005- Draft Contract and Solicitation -Amend2.pdf

OMB Approval Number 2700-042 SOLICITATION, OFFER 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

AND AWARD IBM08Q0005 SEALED BID (IFB) 1 of TBD

(Construction, Alteration, or Repair) X NEGOTIATED (RFP) Sept 2, 2008 IMPORTANT — The “offer” section on the reverse must be fully competed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

IBM09C0005 See Block 10

7. ISSUED BY: DPAS RATING N/A 8. ADDRESS OFFER TO:

International Boundary and Water Commission Attn: Acquisitions/Joshua Soto 4171 N. Mesa, Ste C-100 El Paso, TX 79902-1441

See Block 7

9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: Joshua Soto (915) 832-4121

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., date):

The Contractor shall provide all furnishing, installing, testing and commissioning of all equipment, labor, materials, appurtenances, specialty items and services for construction of a 25 MGD wastewater treatment facility. The project is entitled “South Bay International Wastewater Treatment Plant, Secondary Treatment.” All construction requirements shall be completed per the attached specifications entitled:

A. Statement of Work and Specifications: “Secondary Treatment at the South Bay International Wastewater Treatment Plant (CC3)” B. Drawings: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plan -- Basic” C. Drawings: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plant –- Revised”

Performance and Payment Bonds are required.

TAXPAYER IDENTIFICATION NUMBER (TIN): ____ _______

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: ___ ____

CAGE CODE: __ ___

11. The Contractor shall begin performance within 30 calendar days and complete it within 730 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable (See FAR 52.211-10)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE

AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in item 12B.)

12B. CALENDAR DAYS

X YES NO 10

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers are required to provide 4 signed originals and no copies to perform the work required. Two copies are due at the place specified in Block Item 7 above and two copy is due to the location specified in contract clause F.3.

by 5.00 p.m (hour) Mountain 10/03/08 (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.

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

C. 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.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

(MS Word Mar 96)

1442-102 Standard Form 1442 (Rev. 4/85) Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15 . TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices below in strict accordance with the terms of this solicitation, if this offer is accepted by Accepted by the Government in writing within 90 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.)

Basic contract $ - Lump Sum

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

AMENDMENT NO.

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:

The Contractor shall provide all furnishing, installing, testing and commissioning of all equipment, labor, materials, appurtenances, specialty items and services for construction of a 25 MGD wastewater treatment facility. The project is entitled “South Bay International Wastewater Treatment Plant, Secondary Treatment.”

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$ TBD

24. SUBMIT INVOICE TO ADDRESS SHOWN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

(4 copies unless otherwise specified) 10 U.S.C. 2304(c) ( ) 41 U.S.C. 253 (c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

International Boundary and Water Commission Attn: Acquisitions/Joshua Soto 4171 N. Mesa, Ste C-100 El Paso, TX 79902-1441

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

X 28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.)

Document and return 3 copies to issuing office.) Contractor agrees to Your offer on this solicitation is hereby accepted as to the items 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, represen-tations, certifications, and specifications incorporated by reference in or attached to this contract.

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)

31A. NAME OF CONTRACTING OFFICER (Type or Print)

Joshua Soto

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE

By

NSN 7540-01-155-3212

(MS Word Mar 96)

1442-102 Standard Form 1442 (Rev. 4/85)

IBM09C0005 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 FIRM FIXED PRICE

The total firm fixed price of this contract is $_____ _____.

Description Total Price Basic Construction of the South Bay

Wastewater Treatment Plant: Secondary Treatment

Option 1 Construction of the Administration Building

Option 2 Construction of 2 additional Activated Sludge Tanks

(End of Clause)

B.2 LIMITATION OF GOVERNMENTS OBLIGATION (May 2006)

a. Contract line item(s) 0001 through 0003 are incrementally funded.

For these item(s), the sum of TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (i) of this clause.

b. For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

c. Notwithstanding the dates specified in the allotment schedule in paragraph (i) of this clause the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including the cost for termination for convenience, will approximate 85 percent of the total amount when allotted to the contract for performance of the applicable item(s). The notification will state

1. the estimated date when that point will be reached and

IBM09C0005 SECTION B

2. an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (i) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (i) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

d. When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through

(d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

e. If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

f. The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

g. The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause.

h. Nothing in this clause affects the rights of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

i. Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31

USC 1342.

IBM09C0005

SECTION B

l. The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

TBD

[END OF SECTION]

IBM09C0005 SECTION C

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

This contract incorporates the following 5 attachments by reference, with the same force and effect as if they were given in full text.

C.1 See Attachment J-2: Statement of work and Specifications:

“Secondary Treatment at the South Bay International Wastewater Treatment Plant (CC3)”

C.2 See Attachment J-3: Full Scale Drawings: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plant -- Basic”

C.3 See Attachment J-5: Drawings: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plant –- Revised”

C.4 See Attachment J-6: Drawings: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plant -- Option 1 – Administration Building”

C.5 See Attachment J-7: Drawings: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plant –- Option 2 – Two Additional Activated Sludge Tanks”

IBM09C0005 SECTION D

SECTION D - PACKAGING AND MARKING

D.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

None included by reference.

IBM09C0005 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.246-12 AUG 1996 INSPECTION OF CONSTRUCTION

E.2 QUALITY ASSURANCE SURVEILLANCE PLAN

A Quality Assurance Surveillance Plan (QASP) will be developed and implemented by the Contracting Officer's Representative (COR) as a part of the contract administration and monitoring activities conducted to assure that the Government receives products and services that conform to contract requirements. The nature and extent of quality assurance surveillance contemplated in this plan will be based, in part, on the specific content of the contractor's quality Plan.

(End of clause)

E.3 INSPECTION AND ACCEPTANCE

Final inspection and acceptance shall be accomplished by the CO or his/her duly authorized representative at the International Bourdary and Water Commission, 2225 Dairymart Rd., San Ysidro CA, 92173-2840.

IBM09C0005 SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.211-18 APR 1984 VARIATION IN ESTIMATED QUANTITY

52.242-14 APR 1984 SUSPENSION OF WORK

52.242-15 AUG 1989 STOP-WORK ORDER

52.247-34 NOV 1991 F.O.B. DESTINATION

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (FAR 52.211-10) (APR 1984)

The Contractor shall be required to (a) commence work under this contract within _______30________ 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 _________730 Days________________________. The time stated for completion shall include final cleanup of the premises.

F.3 SHIPPING INSTRUCTIONS

All documentation shall be shipped to the addresses cited in ___contract clause G.4_ ____.

Shipment of all other items shall be as follows:

Parcel Post Shipments and Freight Shipments

Ship to:

International Boundary and Water Commission Attn: Steve Smullen 2225 Dairymart Rd.

San Ysidro CA, 92173-2840 Contract Number: IBM09C0005

IBM09C0005 SECTION F

F.4 ORDER OF PRECEDENCE

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications); (b) specifications;

(c) drawings; and (d) other documents, exhibits, and attachments

(b) Discrepancies between the specifications and drawings will be treated as follows: (a) a requirement included in one but not the other will be considered a valid requirement which must be met; (2) a requirement in one which conflicts with a corresponding requirement in the other will be resolved by giving precedence to the specifications.

F.5 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 ____$2,400.00________ 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.

IBM09C0005 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

None included by reference.

G.2 TECHNICAL DIRECTION

(a) Performance of the work under this contract is subject to the written technical direction of the Contracting Officer Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction that--

(1) Constitutes an assignment of additional work outside the statement of work;

(2) Constitutes a change as defined in the changes clause;

(3) Constitutes a basis for any increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's rights to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within the COR's authority.

If, in the Contractor's opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph

(b) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 5 working days after receiving it and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is--

(1) Rescinded in its entirety; or

(2) Within the requirements of the contract and does not constitute a change under the changes clause of the contract, and that the Contractor should proceed promptly with its performance.

(e) A failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR shall be at the Contractor's risk.

G.3 CONTRACTING OFFICER’S AUTHORIZED REPRESENTATIVE – IBWC (NOV 1992)

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 IBWC San Ysidro Office .

The Contracting Officer's Representative will be appointed in writing after contract award.

G.4 ADDRESSING PROGRESS PAYMENTS AND CORRESPONDENCE

a. Addressing Progress Payments:

All progress payments shall be submitted in quadruplicate, directly to the Contracting Officer.

The request for progress payment shall cite the contract number, the total amount of the contract through the last modification, and the amount of payment requested. The address of the Contracting Officer is as follows:

International Boundary and Water Commission Attn: Acquisitions/Joshua Soto 4171 N. Mesa, Ste C-100 El Paso, TX 79902-1441

b. Addressing Correspondence:

The Contractor shall submit an ORIGINAL and TWO copies of all correspondence required under the contract.

1. The original and one copy of the correspondence shall be clearly marked with the assigned Government Contract IBM09C0005 and addressed to the Contracting Officer's R epresentative's (COR) address as follows:

International Boundary and Water Commission - San Diego Attn: Steve Smullen 2225 Dairy Mart Rd.

San Ysidro, CA 92173-2840

2. One copy of ALL correspondence shall be transmitted directly to the Contracting Officer – Acquisitions/ Joshua Soto.

c. Technical Data:

The Contractor shall submit five copies of all shop drawings, test reports, equipment data sheets, and any other technical data with five copies of transmittal sheet, IBWC Form 146.

All samples shall be forwarded to the address to the Contracting Officer's Representative and clearly indicate the Government assigned contract number.

G.5 SUBMISSION OF INVOICES

Invoices shall be prepared and submitted in quadruplicate unless otherwise specified. Invoices shall contain the following information as applicable: contract and order number, item numbers, description of supplies or services, sizes, quantities, unit prices, and extended totals. Invoices shall be submitted to:

International Boundary and Water Commission Attn: Acquisitions/Joshua Soto 4171 N. Mesa, Ste C-100 El Paso, TX 79902-1441

In the event that amounts are withheld from payment in accordance with the New Technology Clause or other provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

G.6 IDENTIFICATION OF EMPLOYEES

At all times while on Government property, the contractor, subcontractors, their employees and agents shall wear badges which will be issued by the IBWC Badging & Visitor Control Office, located at the Main Gate at the IBWC San Diego office. IBWC employee badges will be issued only between the hours of 8 a.m. to 2 p.m., Monday through Friday. IBWC visitor badges will be issued between the hours of 8 a.m. to 2 p.m., Monday through Friday. Resident aliens and foreign nationals/representatives shall be issued alternate foreign national badges.

Each individual who wears a badge shall be required to sign personally for the badge. The contractor shall be held accountable for issued badges and all other related items and must assure that they are returned to the IBWC Badging & Visitor Control Offices upon completion of work under the contract. Failure to comply with the IBWC contractor termination procedures upon completion of the work (e.g., return of badges, decals, keys, etc.) may result in final payment being delayed.

G.7 ADMINISTRATION OF PAYROLLS AND BASIC RECORDS – IBWC (JUN 1992)

Paragraph (b) (1) of FAR 52.222-8 requires the Contractor or Subcontractor to submit payrolls weekly to the Contracting Officer for each week in which any contract work is performed. The Contractor or Subcontractor shall also submit negative payrolls for weeks in which contract work is not performed, until such time that performance is complete and accepted by the Government, and "final" payroll has been submitted.

G.8 METHOD OF PAYMENT– IBWC (DEC 1997)

(a) Payments under this contract will be made by wire transfer through the Treasury Fedline Payment System (FEDLINE).

(b) The Contractor shall forward IBWC-500 form, in duplicate, to the International Boundary and Water Commission, United States and Mexico, United States Section, Acquisitions Division, The Commons, Building C, Suite 310, 4171 North Mesa, El Paso, Texas 79902, after award, but not later than fourteen (14) days before an invoice or contract financing request is submitted.

IBM09C0005 SECTION H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.223-5 AUG 2003 POLLUTION PREVENTION AND RIGHT- TO-KNOW

INFORMATION (ALTERNATE I) (AUG 2003)

(ALTERNATE II) (AUG 2003)

H.2 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

This contract incorporates Section K, Representations, Certifications, and Other Statements of Offerors, as set forth in the contractor's proposal TBD ____________________________, by reference, with the same force and effect as if it were given in full text.

H.3 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The contractor shall furnish an itemized price breakdown in conjunction with any proposed modification of the contract price.

Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs as well as profit and shall cover all work involved to accomplish the modification, whether deleted, added, or changed.

Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by such date as may be specified by the CO.

H.4 CONSTRUCTION PROGRAM – IBWC (AUG 2000)

(a) The Contractor shall submit a schedule of construction in accordance with the requirements set forth in Section M of the specifications. The Contractor shall account for in 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 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 schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule. Also, until such time as the submitted schedule is approved as the official schedule of the project, the Contracting Officer may withhold approval of progress payments.

(b) If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer 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 Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer 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 Contracting Officer 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.

H.5 COMPENSATION AND LIABILITY INSURANCE – IBWC (MAR 1989)

The Contractor shall within fifteen (15) 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 $500,000 each 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 $100,000 for 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 the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico as an additional 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. 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.

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 five 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 provision)

H.6 SERVICE OF PROTEST (FAR 52.233-2) (AUG 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General

Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from __Joshua Soto_____.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

H.7 EXTENDED WARRANTIES - CONSTRUCTION

Any extended warranty or guarantee required by the specifications shall be constructed as being in addition to the 1-year warranty required by clause 52.246-21, Warranty of Construction.

H.8 BID GUARANTEE – IBWC (AUG 2000)

(a) Bid Guarantee. For bids that exceed $100,000, the bidder shall furnish a guarantee, assuring that the bidder (1) will not withdraw a bid within the period specified for acceptance and (2) will execute a written contract and furnish required bonds and insurance agreement within the period specified therefor, in an amount of not less than 20 percent of the bid price or three million dollars ($3,000,000) whichever is lesser. The bid guarantee penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents.

(b) Corporations executing bonds as sureties on Federal contracts must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies” and must act within the limitation listed therein.

(c) Requirements for executive of surety bonds. Each surety company bond (bid, 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 agent or attorney-in-fact, and (1) be executed by the corporate surety upon a reasonable 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 reasonably proximate to the date of the bond.

(d) Individual Sureties.

(1) If individual surety bonds are furnished either for bid guarantee or 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 pubic accountant in accordance with generally accepted accounting principles. The statement of net worth on the SF-23, Affidavit of Individual Surety, is not in itself sufficient and will not be accepted absent of additional proof of value and ownership.

(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 and telephone number of the involved contracting officer.

(3) Failure to provide the proof and information requested above will cause delays to the start of the construction for which the contractor must bear the responsibility, and may result in rejection of a bid or termination of contact for failure to provide adequate bonds.

FAILURE TO INCLUDE BID GUARANTEE OR OTHER BID SECURITY WITH YOUR BID

MAY BE CAUSE FOR REJECTION OF THE BID. LATE SUBMISSION OF THE BID

GUARANTEE OR THE SECURITY SHALL BE TREATED IN THE SAME MANNER AS LATE

BIDS.

H.9 BRAND NAME OR EQUAL--IBWC (NOV 1994)

(As used in this clause, the term “brand name” includes identification of products by manufacturer, make, and/or model.)

If items called for by this Invitation for Bids 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 236-5 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 General Requirements Section 01300 SUBMITTAL REQUIREMENTS).

H.10 CONFORMANCE TO ALL APPLICABLE LAWS – IBWC (JUL 1992)

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, and shall procure such permits, licenses and other required authorizations from the United States and from state and local authorities as may be necessary in connection with beginning or carrying on to completion of the contract work, and shall at all times comply with all United States, state and local laws in any way affecting the contract work.

H.11 BUILDERS RISK INSURANCE – IBWC (JAN 1995)

(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.

(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 his subcontract until the insurance required of the subcontractor has been so obtained and approved.

(c) The Contractor shall procure within fifteen (15) calendar days after award of contract, and maintain during the life of this contract, Builder's Risk Insurance based on 100 percent (100%) of the completed value of the insurable portion of the project.

(d) The Contractor shall furnish the Contracting Officer with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. 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) days written notice has been received by the Contracting Officer."

(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, United States and Mexico, as an additional insured.

H.12 LIMITATION ON MARK UPS ON CHANGE ORDERS AND CONTRACT MODIFICATIONS

(a) In the event the Government elects to direct a change order or enter into a contract modification that increases the scope of work during the course of performance of this contract, allowances for overhead and fee of higher tier subcontractors and the general Contractor shall be subject to the limitations below.

(b) Changes and modifications up to $100,000.00 (Exclusive of Mark ups)

(1) No subcontractor, vendor or material man, at any level, shall apply markups in excess of 10% overhead and 10% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below.

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed 5% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $100,000.00, and the work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $105,000.00

(3) Overhead and fee percentages, for the purposes of this provision, shall include insurance (excluding bonds), field and office supervisors and staff (including clerical), home office overhead, field overhead, security, use of small tools, and incidental job site burdens (including office equipment, trailer rental, utilities).

(4) Bond premium adjustments and state and local taxes arising out of changes and modifications directed by the Government shall be subject to a separate allowance independent of the overhead and fee limitations described above.

(5) The fee and overhead limitations described above shall not apply to self performed work by any contractor at any level.

(6) In the event that a modification or change order results in a credit(s) to the Government, the same fee and overhead restrictions shall be applied in calculating the reduction in contract price.

(c) Changes and modifications from $100,001.00 to $499,999.00 (Exclusive of Mark ups) Modify paragraphs (1) and (2) above as follows:

(1) No subcontractor or vendor, at any level, shall apply markups in excess of 2.0% overhead and 2.0% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions in paragraph (b) above.

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors (regardless of the number of tiers of subcontractors), and the general contractor may not exceed

4% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $200,000.00, and work performed by this fifth tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $204,000.00

(d) Changes and modifications exceeding $500,000.00 (Exclusive of Mark ups) Modify paragraphs (1) and (2) above as follows:

(1) No subcontractor or vendor, at any level including the general contractor, shall apply markups in excess of 1.5% overhead and 1.5% profit on additional contract scope, added by change order or modification, in which all, or substantially all, of the physical work is performed by a lower tier subcontractor subject to the restrictions described below:

(2) In the event that the physical work arising out of a change order is performed by a subcontractor or vendor that is two or more levels below the general contractor, the sum of all markups for overhead and profit for all subcontractors, regardless of how of the number of tiers of subcontractors, and the general contractor may not exceed 10% of the price, or adjustment in price, to the lower tier subcontract under which the physical work was performed. For example, if, as a result of a change order, the contract price of a second tier (i.e. two tiers below the general contractor) subcontractor is increased by $600,000.00, and work performed by this second tier subcontractor constitutes all or substantially all of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $618,000.00.

(3) The 3% total markup limitation described in paragraphs d(1) and d(2a) above shall not apply shall not apply if sixty percent (60%) or more of the cost of the physical work contemplated by a change order or modification is performed by a subcontractor or vendor that is three or more levels below the General Contractor. In this event, the total markup limitation shall not exceed 2%. The limitations on the markup of individual subcontractors, vendors or the general contractor described in paragraph d (1) remains unchanged. For example, if, as a result of a change order, the contract price of a fifth tier subcontractor is increased by $600,000.00, and work performed by this fifth tier subcontractor constitutes sixty percent or more of the work contemplated by this modification or change order, the resulting increase in the price of the prime contract shall not exceed $612,000.00.

(e) Additional Clarification Regarding Multi-Part Changes

In the event that the physical work arising out of a change order or contract modification is performed by two or more firms, the value of the change for the purposes of this provision shall be based on the cumulative value of the physical work performed by all subcontractors and vendors. For example, if as a result of a change order or contract modification, the fourth and fifth tier subcontractors perform work with a negotiated value of eighty thousand dollars ($80,000) and twenty five thousand dollars ($25,000) respectively, the cumulative value of the change is one hundred five thousand dollars ($105,000.00). Therefore, the change falls into the second category, $100,001.00 to $499,999.00, and the sum of all markups for overhead and profit may not exceed 4% and the resulting increase in the price of the prime contract shall not exceed one hundred twenty six thousand dollars ($105,000 x 1.04).

H.13 IBWC SMALL BUSINESS GOAL

(a) Definitions.

"Historically Black Colleges or University", as used in this clause means an institution determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2. The term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.

"Minority institutions", as used in this clause, means an institution of higher education meeting the requirements of section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) which for the purposes of this clause includes a Hispanic-serving institution of higher education as defined in section 316(b)(1) of the Act (20 U.S.C.

1059c(b)(1)).

"Small disadvantaged business concern", as used in this clause, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR 124.

"Women-owned small business concern", as used in this clause, means a small business concern (1) which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and

(2) whose management and daily business operations are controlled by one or more women.

(b) The IBWC policy is required to establish annually a goal to make available to small disadvantaged business concerns, Historically Black Colleges and Universities, minority institutions, and women-owned small business concerns, at least 10 percent of IBWC's procurement dollars under prime contracts or subcontracts awarded in support of authorized programs.

(c) The contractor hereby agrees to assist IBWC in achieving this goal by using its best efforts to award subcontracts to such entities to the fullest extent consistent with efficient contract performance.

(d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as small disadvantaged business concerns, Historically Black Colleges and Universities, minority institutions, and women-owned small business concerns.

H.14 Option to Extend the Terms of the Contract

(a) The Government may increase the scope and requirements of this contract by unilateral contract modification to the Contractor within ___30 days before the contract expires. The scope and requirement changes shall be consistent with the individual option statement of work.

(b) If the Government exercises this option, the extended contract shall be considered to include the individual option. Should the option be exercised, the resultant contract will include all terms and conditions of the basic contract as it exists immediately prior to the exercise of the option.

Option 1:

Construction of an administration building per attachment J-6: “United States Section International Boundary and Water Commission: South Bay International Wastewater Treatment Plant -- Option 1 – Administration Building.”

Description Total Price Option 1 Construction of the

Administration Building

Option 2:

Construction of two additional Activated Sludge tanks per attachment J- 7: “United States Section International Boundary and Water Commission:

South Bay International Wastewater Treatment Plant –- Option 2 – Two Additional Activated Sludge Tanks.”

Description Total Price Option 2 Construction of 2 additional

Activated Sludge Tanks

IBM09C0005 SECTION I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.202-1 JUL 2004 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES

52.203-6 JUL 1995 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT

52.203-7 JUL 1995 ANTI-KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12 JUN 2003 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.203-14 Dec 2007 Display of Hotline Poster(s)

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

52.204-7 OCT 2003 CENTRAL CONTRACTOR REGISTRATION

52.204-9 SEP 2007 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.209-6 JAN 2005 PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.211-13 SEP 2000 TIME EXTENSION

52.211-15 SEP 1990 DEFENSE PRIORITY AND ALLOCATION

REQUIREMENTS

52.215-2 JUN 1999 AUDIT AND RECORDS--NEGOTIATION

52.215-8 OCT 1997 ORDER OF PRECEDENCE - UNIFORM CONTRACT

FORMAT

52.215-10 OCT 1997 PRICE REDUCTION FOR DEFECTIVE COST OR

PRICING DATA