IBM09C0002-Draft Contract Part.2of2-Amended.pdf

IBM09C0002 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CONTRACT TYPE

This is a Firm-Fixed Price, Indefinite-Delivery, Indefinite-Quantity (IDIQ, multiple award contract.

Five Thousand Dollars ($5,000.00) establishes the base indefinite delivery, indefinite quantity task order contract. It reflects the minimum dollar amount allowed under this contract should no task orders be placed against this contract. It is also the dollar amount that will be applied to the task orders until it is exhausted. Once this dollar amount is exhausted, each task order thereafter shall be individually funded.

(End of Clause)

B.2 SCHEDULE

CLIN Contract DESCRIPTION PERIOD of

PERFORMANCE

QTY UNIT Not to

Exceed Amount

1 BASIC

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

March 1, 2009 - March 31, 2010

2 OPTION 1

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2010 - March 31, 2011

3 OPTION 2

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2011 - March 31, 2012

4 OPTION 3

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2012 - March 31, 2013

5 OPTION 4

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2013 - February 28, 2014

[END OF SECTION]

IBM09C0002 SECTION C

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

The Contractor shall, as an independent Contractor and not as an agent of the Government, perform non-personal services for Environmental Services in accordance with the Description of Services herein.

1. SCOPE

A. General The Contractor shall, depending upon the Statement of Work contained in any Task Order (TO) issued under this Contract, furnish all labor, material, supplies, equipment, superintendence and transportation necessary to complete TOs for environmental services for projects found along the United States and Mexico international border in the United States (states of Texas, New Mexico, Arizona, and California).

The Contractor shall assist the United States Section, International Boundary and Water Commission (USIBWC) in complying with environmental laws and regulations applicable to the specific TOs issued. The environmental services consist of scientific, environmental engineering, technical, and regulatory compliance. Tasks shall fall within the general areas of analysis, studies, assessments, mitigation, and evaluations of the effects of USIBWC project construction, operation, maintenance, and management.

The Contractor shall have the capabilities to conduct appropriate field surveys, site visits, and interviews; determine the area of potential effects; prepare required research designs; conduct literature searches; execute suitable studies and prepare written reports; and perform site monitoring, site mitigation through data recovery, laboratory work; and any investigations and studies that may be required during this Contract. The investigations and study work effort may require any but not be limited to the following disciplines: Archaeology; Paleontology; Air and Water Quality;

Terrestrial, Wetlands, and Aquatic Ecology; Ecology; Biology;

Economics; Engineering; Environmental Sciences; Geographic Information Systems; Historical Architecture; History; Hydraulics and Hydrology;

Remote Sensing; and Sociology.

The investigations, studies and reports will pertain to activities of the USIBWC; to the planning, construction, operations, and maintenance of USIBWC projects, and to planning studies conducted for other agencies.

B. Authorities This work is to be conducted in accordance with and in fulfillment of the requirements of, but not limited to, the USIBWC’s obligation under the National Historic Preservation Act of 1966, as amended; the Archaeological and Historical Preservation Act of 1974, as amended;

Clean Air Act, as amended; Clean Water Act (Federal Water Pollution Control Act), as amended; Coastal Zone Management Act of 1972, as amended; Endangered Species Act of 1973, as amended; Estuary Protection Act of 1986, as amended; National Environmental Policy Act (NEPA), as amended; National Flood Insurance Program; Rivers and

Harbors Act of 1899, as amended; and Wild and Scenic Rivers Act, as amended.

Besides the above, the work will be conducted to comply with certain Executive Orders (E.O.), promulgated regulations, procedures, and implementing guidance documents including, but not limited to: E.O.

11514 (Protection and Enhancement of Environmental Quality); E.O.

11593 (Protection and Enhancement of the Cultural Environment); E.O.

11990 (Protection of Wetlands); E.O. 11988 (Flood plain Management);

Council on Environmental Quality (CEQ) Final Regulations (40 CFR Parts 1500 through 1508); USIBWC Operational Procedures for Implementing Section 102 of the National Environmental Policy Act of 1969, Other Laws concerning Specific Aspects of the Environment and Applicable Executive Orders published in the Federal Register September 2, 1981 (46 FR 44083-44094); USIBWC Operational Procedures concerning Historic and Cultural Properties, and Applicable Executive Orders published in the Federal Register October 15, 1981 (46 FR 50859-50863); USIBWC Protection of Archaeological Resources, 22 CFR Part 1104; and USIBWC Implementation of Executive Orders 11988 (Flood plain Management) and 11990 (Protection of Wetlands) published in the Federal Register December 29, 1978 (43 FR 61023-61029).

Any and all of the above services shall be required during the period of the Contract. All work shall be conducted within the United States (U.S.) at locations along the United States and Mexican international boundary from the mouth of the Rio Grande at the Gulf of Mexico to the Pacific Ocean in California. Some projects in the U.S. may require coordination with Mexican entities and knowledge of Mexican regulations to complete the specified work.

Relevant documents will be listed in each TO for the specific requirement. All documents listed in a TO will be made available by the USIBWC’s Contracting Officer (CO) during issuance of the Request for Proposal(s) (RFP). The Contractor shall be responsible for complying with updates and modifications to these documents. These and other cited documents can be reviewed by appointment with the cognizant CO, Acquisition Division, USIBWC, Building C, Suite 224, 4171 North Mesa Street, El Paso, Texas 79902-1441.

Federal Statutes, regulations, and Executive Orders available through commercial sources, the Internet, or the U.S. Government Printing Office. Applicable State Laws (Texas, New Mexico, Arizona, and California) are available through the State’s Environmental Divisions.

Since preservation of paleontological materials are largely under the jurisdiction of the individual states where work may be conducted, the authorities and permit requirements may be different depending on the location of the work requested by the TO. There are no federal laws, regulations or standards and guidelines pertaining to preservation of paleontological material.

C. Contractor Responsibilities The Contractor may be requested to prepare technical reports, reports for the general public, exhibits, research designs, historic preservation plans, management plans, restoration plans, and draft mitigation plans, and literature reviews, surveys, testing, data recovery by excavation, monitoring, recording, archival research, interviews and other documentation and historical tasks at the project site within the United States and Mexico international boundary area.

In doing so, the Contractor shall follow established professional guidelines.

The Contractor shall not subcontract any portion of this Contract to a party other than those identified in proposals submitted in response to this RFP without written authorization from the CO.

Changes in specifics of the work requirements shall only be made at the direction of the CO within the TO by a written modification.

2. WORK REQUIREMENTS

A. General Each TO under this Contract will have a Statement of Work which may include, but is not necessarily limited, to the following tasks:

preparation of reports, studies, and other documents in support of the National Environmental Policy Act, including but not limited to segments of Environmental Assessments (EAs), Environmental Impact Statements (EISs), environmental inventories and related special study documentation; preparation of findings of no significant impacts;

notices of intent, notices of availability, and other related notices;

records of decision; activities related to the inventory, preservation, and restoration of natural and cultural resources;

support of public meetings for project scoping and presentation of draft and final documents; data collection, analysis and documentation in accordance with cultural and natural resources laws, Executive Orders and regulations; technical support services for endangered species investigations, land management and wetlands protection;

negotiations with regulatory agencies, mitigation design and implementation measures; participation in post-project monitoring;

mediation support; and other scientific and technological investigations to accomplish the USIBWC’s mission.

B. Work Plan When required by the TO, the Contractor shall submit a Work Plan (WP).

The WP shall describe the detailed approach for the performance of the TO. At a minimum, the WP shall contain the following elements:

(i) Introduction. A general explanation documenting the task and goals.

(ii) Work Plan Approach. Explanation of how the activities will satisfy the requirements.

(iii) Key Personnel. Identification of key personnel to be used on the project and their responsibilities.

(iv) Quality Control. A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the quality assurance/control plan shall be implemented for all aspects of the work specified in the TO.

(v) Schedule. An overall schedule for the execution of the work required by the TO shall be included in the WP. The schedule shall be in the form of a detailed bar-chart, a network analysis using the critical path method or other approved format. The Contractor shall furnish the WP for review by the USIBWC not later than thirty calendar (30) days after receipt of the TO notice to proceed (or a date mutually agreed to by both parties). The WP will be reviewed and approved by the CO or returned to the Contractor with comments for revision. Approval of the WP is required prior to performing the work specified in any TO which requires a WP. Upon approval of the WP, changes shall not be implemented without written concurrence by the

CO.

C. Specific The Contractor shall furnish all labor, equipment, supervision, materials and other resources required herein. Services shall consist of Environmental Investigations and Studies, and Surveying and Mapping.

(1) Environmental Investigations and Studies. The TOs will include, but will not be limited to, the following tasks: preparation of complete and partial Environmental Impact Statements (EISs), Environmental Assessments (EAs), Environmental Information Documents (EIDs), environmental inventories and related special study documentation; Biological Assessments; preparation of findings of no significant impacts; notices of intent, notices of availability, and other related notices; records of decision; activities related to the inventory, preservation, and restoration of natural, archaeological, cultural and historic resources; public meeting support for project scoping and presentation of draft and final documents; data collection, analysis and documentation in accordance with cultural and natural resources laws, Executive Orders and regulations; technical support services to include Lead and Asbestos Surveys; technical support services in Environmental Management Systems; technical support in International Organization for Standardization (ISO) 14001;

Phase I and II Environmental surveys; technical support services for endangered species investigations, land management and wetlands protection; negotiations with regulatory agencies, mitigation design and implementation measures; participation in post-project monitoring;

mediation support; and other scientific and technological investigations to accomplish the USIBWC’s mission.

(2) Geographic Information Systems (GIS). The Contractor shall prepare and provide, as needed, appropriate maps, aerial photography, photogrammetery and GIS database development, including both conventional and Global Positioning System (GPS) surveys of land and easement and related field data collection; topographic mapping (preparation of base maps from aerial photography); and preparation of rectified orthophotoquads. Upon completion of TOs the Contractor will furnish all data related to the project during project close-out.

(3) Fieldwork - Overall

a. Sufficient time and personnel shall be allocated to assure that all work continues on schedule and is accomplished in accordance with the USIBWC approved work plan.

b. The Project Manager (PM) or the Principal Investigator (PI) is required by this Contract to perform regular field inspections and direction, see Section 3. Qualifications and Requirements.

The PM or PI shall devote adequate time to project management during field and lab analysis and report write up periods.

Project Management participation will be documented in the appropriate monthly management and progress reports. Field Supervisors shall be in the field at least 80% of the time. PMs, PIs, and Field Supervisors are to be selected for their subject matter skills and firm working knowledge of the various federal laws and regulations governing the field of study discipline required for the work requirements for which they are being selected. For example, in those instances when the services of a qualified Paleontologist are required as the PI, the skills and working knowledge of the acceptable standards and guidelines within the profession for the preservation of paleontological and prehistoric resources are to be used. Management abilities are considered an important, but not primary, aspect of these skills.

PMs, PIs, and Field Supervisors are to spend 80% to 90% of their time conducting oversight and insuring sound data collection.

c. Any request for deviation from the established and USIBWC approved work plan, including specific methods and techniques, shall be proposed in writing by the Contractor and approved by the CO prior to implementation. Deviations, however, shall not result in any additional cost or delays to the USIBWC.

(4) Analysis.

a. The Contractor shall use state-of-the-art laboratory procedures to accomplish all analyses necessary to implement the established work plan. The analyses are basic to the successful completion of the project and are to be planned for in the established work plan. Analytical techniques are to be selected that are relevant to the objectives of the TO or specific project.

b. All material (including samples collected, maps, files, notebooks, forms, and photographs) held in temporary storage during analysis and preparation of any report prepared under this contract shall be clearly marked as USIBWC property. These materials shall be surrendered to the USIBWC on demand or at the end of each TO.

(5) Deliverables. Quantities and schedules for deliverables will be set forth in each TO.

a. Documents: All documents shall be 8.5 inch x 11 inch, typed on white bond paper, and bound. All photographs shall be clear, color copies. All drawings in documents shall be 8.5 inch x 11 inch or 11 in x 17 inch, computer generated, clear and legible. Reduction shall be such that all printing is legible and reproducible. All documents shall be provided in either English or International System of units (SI), or both, as specified in the TO. Documents shall be provided in the latest Microsoft Word version or other mutually agreed upon format on electronic media (CD-Recordable, DVD, File Transfer Protocol (FTP)) as specified in the TO. Data or document tables shall be provided in spreadsheet format (Microsoft Excel or other mutually agreed upon format).

b. Aerial Photography: All general site maps prepared from aerial photography for planning and/or inventory purposes shall be at a scale appropriate for the project. All maps shall be provided electronically or when required on stable base film, such as mylar or acid-free photographic paper. Horizontal and vertical scales shall be in English or SI units and be based upon current geodetic datum for the project area.

c. Geographic Information Systems (GIS): Data layers to be developed may include, but are not limited to: natural resources, cultural resources properties (in some cases not for public release), flood flow/hydrology, infrastructure, land use, protected species locations (not to be released to the public), socioeconomic resources, soil associations, topography, and vegetation cover. ArcGIS software shall be used for GIS reports, maps, and data analysis.

d. Report Requirements. The Contractor shall prepare reports as specified in the TO to meet the following conditions and requirements, as applicable. Reports shall be delivered in the quantity specified and by the date indicated in each TO. All reports and drafts shall be submitted to the CO at:

United States Section, International Boundary and Water Commission Building C, Suite 100 4171 North Mesa Street El Paso, Texas 79902

One copy of each report shall be an unbound original suitable for automatic photocopying. An electronic copy of each report shall be provided for publication on the USIBWC website. The Contractor shall ensure that any confidential or sensitive information is adequately protected from unauthorized access in the electronic format copy.

(1) Written Progress Reports. Written progress reports shall be submitted beginning within thirty (30) calendar days of the date of issue of each Task Order, and submitted every other month after that. Reports on separate TOs shall be combined with the permission of the CO or Contracting Officer’s Representative (COR). These reports shall include as a minimum:

(a) Description of the work performed and a quantitative statement of overall progress, including percentage of work accomplished on each task specified by individual TO.

(b) Description of current problems that may impede performance and suggested corrective actions.

(c) Discussion of work to be performed during the next two months.

(2) Technical Report Content and Standards

(a) Draft Technical Reports. Preliminary Draft written technical reports, normally five (5) copies or as requested by TO, shall be submitted before the formal written draft technical report for USIBWC review, comments, and approval.

The draft technical report, revised as necessary, along with an electronic CD or DVD copy of the report shall be submitted to the USIBWC, any cooperating agencies, and others for review and comments. Copies of all comments will be supplied to the Contractor to assist in improving the draft, but the Contractor shall only be required to respond to the USIBWC comments. The draft report shall be typed or computer printed on numbered pages in either double-space manuscript form or double-space justified columns form. All figures and tables shall be present, although they need not be in final form, as long as they are legible. Draft reports will not be reviewed if, in the opinion of the CO, they are not a complete draft, or if they have not been edited. If the draft report is not acceptable to the USIBWC, any additional costs to bring the report to acceptable standards shall be at the Contractor’s expense.

The concluding draft must be acceptable to the USIBWC before publication of the final report and shall be a single-spaced, print-ready copy with all figures and tables in final form. That is, a preliminary final in hard copy or electronic format may be requested by the USIBWC if comments on the draft technical report are extensive.

(b) Final Technical Reports

(i) Final technical reports will be rejected if they do not conform to specifications, or if editorial or typographical errors, production flaws, format discrepancies or any other problems cause them to be unacceptable to the USIBWC. Quality assurance and quality control is an essential requirement in all submittals. Any additional costs to review the final report or to bring it to acceptable quality will be at the Contractor’s expense.

(ii) Ten (10) copies of final technical reports, unless otherwise stated in the individual Task Order, shall be submitted by the Contractor.

(iii) One electronic copy of the final technical report(s) shall also be submitted by the Contractor.

(iv) Final technical reports shall conform to the following format specifications:

body of report shall be single space typed or typeset, justified, offset printed front and back, pages numbered, and no more than 500 pages (250 sheets) can be bound in anyone volume;

appendices shall be single space typed or typeset, offset printed front and back, pages numbered, may be bound separately if body and appendix together exceed 500 pages (250 sheets), and may be provided in Portable Document Format (pdf) format;

drafting shall be acceptable (by USIBWC) in appearance;

binding shall be perfect bound with title printed on spine, cover may include a photographic or drafted representation of an appropriate resource topic, USIBWC logo, and the title of the report (Contractor’s logo shall not be larger than four square inches);

photographs shall be produced with at least a 150 lines-per-inch screen; and be printed on photo-quality paper with a minimum resolution of 600 x 600 dots-per-inch, or better, all photographs shall be properly labeled (typed);

drafted figures shall be photographically, not xerographically, reduced and in the correct page position;

gutter margin shall be ½ inch wider than outside margin; and deviations from format requirements that could result in a better publication shall be submitted by the Contractor for USIBWC consideration and approval by the CO.

3. QUALIFICATIONS AND OTHER REQUIREMENTS

A. Personnel Requirements The Contractor shall employ, either directly or through subcontract, personnel adequate in numbers, education, skill, and qualifications to accomplish the work required in compliance with the TO’s. The USIBWC reserves the right to review the resumes of and interview Contractor employees performing under the contract solely for the purpose of ascertaining their qualifications relative to the personnel qualification terms of the contract. Accordingly, the contractor shall furnish such resumes to the CO upon request.

(1) Professional Personnel: Project Manager or Principal

Investigator(s). The Contractor shall appoint a Project Manager (PM) or Principal Investigator (PI) and alternate to serve as a single point of contact and liaison between the Contractor and the CO and/or

COR for the services required under the Contract. The PM or PI shall be responsible for the coordination of the services provided under the Contract and shall respond to questions regarding clarification of project deliverables. Services shall be accomplished with adequate internal controls and review procedures to reduce conflicting errors and omissions and provide for the technical adequacy of TO requirements. The PM or PI shall have direct control of the professional aspects of the entire program under this Contract. The PM or PI shall possess adequate qualifications and expertise according to the qualifications standards of their profession to conduct research and resource management programs. The PM or PI shall be responsible for all data recovery, study, analysis and reporting undertaken as a result of this solicitation. The administrative and management aspects inherent in the Contract shall be the responsibility of the PM or PI. For example if the TO is for paleontological work, the PM or PI shall be a qualified paleontologist and shall demonstrate a firm working knowledge of acceptable standards and guidelines within the profession.

(2) Technical and Support Personnel: The Contractor shall insure that adequate technical and support personnel are available and that all technical and support personnel are competent and experienced in the work proposed.

(a) Field Supervisor. The Field Supervisor shall have professional training in the discipline they are supervising and not less than three (3) years experience in field surveys. The Field Supervisor is expected to spend at least 80% of his/her time in the field.

(b) Crew Members. The Crew Members shall have education and experience in natural, cultural, environmental sciences, ecological, or natural resource investigations to perform required work in each TO without need for excessive supervision.

(3) Key Personnel:

(a) Key personnel shall include the PM or PI, and Field Supervisors. These key personnel shall be continuously responsible for the conduct of and for close involvement with the technical efforts identified herein.

(b) The key personnel identified in the Contractor’s technical proposal are considered essential to the successful completion of the work being performed by the Contractor under this Contract. If, during the performance of this Contract, the Contractor must utilize key personnel or specialized personnel other than those named in the technical proposal, such substitution shall not be made without prior written approval of the CO.

(c) The Contractor shall submit a resume/vitae of its key personnel with each technical proposal.

(d) Key personnel must have demonstrated familiarity with the Southwest portion of the United States, as appropriate to the TO.

Work experience and familiarity in southern California, Arizona, New Mexico, Texas, and northern Mexico shall be a qualifying asset.

(e) If key personnel are found to devote less effort than as stated in the Contractor’s technical proposal, or are not performing to the USIBWC’s satisfaction, the CO will direct replacement of such personnel, modify the Contract, or terminate the Contract as appropriate.

(4) Qualifications:

Key personnel from PM or PI to Field Supervisor levels, shall be experienced in the tasks of this Contract for which they will be responsible. Qualifications shall at a minimum meet the following educational requirements:

(a) Project Manager/ Principal Investigator: The qualified individual for this position shall have a Doctoral or Masters degree in environmental sciences, biological sciences, physical sciences, engineering or natural resources and a minimum five (5) years of experience managing large task order contracts involving multiple concurrent projects at multiple locations.

(b) Field Supervisor: The qualified individual for this position shall have a Masters or Bachelors degree in the discipline they are supervising including but not limited to environmental sciences, biological sciences, physical sciences, engineering or natural resources, and a minimum three (3) years of experience in managing and supervising field work activities.

(c) Crew Members: The qualified crew members shall have a Bachelors degree or equivalent experience in one of the five disciplines listed in item (b) above, or a discipline directly related to the work to be performed.

B. Government Supplied Materials The USIBWC will supply the Contractor with documentation and maps of project areas and other information available and considered necessary by the USIBWC depending on the project specific TO. The USIBWC will not be liable if data provided is inaccurate or out of date; however, the USIBWC will try to provide the most current materials requested.

C. Safety The Contractor shall be responsible for compliance with any and all requirements of the Occupational Safety and Health Administration (OSHA). The Contractor’s Health and Safety Program shall comply with and reflect appropriate requirements of OSHA specifically 29 CFR 1910 and 29 CFR 1926. The USIBWC will not be responsible for accidents or injuries which may occur during the performance of a TO.

D. Supervision During the Contract, the following situations shall require prior written approval by the CO.

(a) Any Key Personnel changes.

(b) Reduction of the PM or PI’s active conduct of the project or the proportion of normal working hours spent on the project.

E. Other Requirements.

(a) During progress of the work, the Contractor may be called upon by the USIBWC to produce preliminary study data and information that are deemed necessary to satisfy USIBWC needs. The Contractor shall provide data from this project to the extent that such requests do not detract from the contractual objectives of the study.

(b) The Contractor shall be responsible for the accuracy and validity of the data. In case of controversy or court challenge of a study or report(s), the PM or PI(s) shall testify for the USIBWC in support of a report(s) findings.

(c) Neither the Contractor nor his representatives shall release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this Contract without specific written approval of the CO, except as specifically provided for in this Description of Services or Individual TO’s.

(d) Copyright shall not be claimed by the Contractor for any materials produced under this Contract. All such materials are to remain USIBWC property.

(e) It is expected that the Contractor and his employees may, during the term of the Contract, present reports of the work to various professional societies and publications. Abstracts and copies of reports dealing with work sponsored by the USIBWC and as required by this Contract shall be submitted to the USIBWC and shall contain credit that the work was performed under this Contract, giving the Contract Number. Professional courtesy is requested to extend this credit to all reports, articles, and papers resulting from USIBWC sponsored work for an indefinite period of time.

(f) Meetings. Progress and Review Meetings shall be held at an agreed upon interval or interval identified in the individual TO either at the USIBWC, the Contractor’s place of business, or a mutually agreed upon location for discussion of questions and problems relating to the work under the TO.

(g) Coordination. When directed by the CO, the Contractor shall be required to coordinate with other contractors or consultants involved with specific aspects of a project being developed under separate TOs or Contracts.

(h) Permits. Should it become necessary to secure the right of ingress and egress to perform any of the work identified in the TO on properties not owned or controlled by the USIBWC, all necessary permits, licenses and approvals from pertinent property owners, local, state and federal authorities shall be obtained by the Contractor as necessary for the performance of the services. The Contractor shall secure the consent of the owner before effecting entry on such property.

(i) Re-submittal. If documents submitted for review, as described above, are deficient or incomplete as specifically defined in the TO, the Contractor shall correct the deficiencies and resubmit the data.

The data resubmitted will consist of the original quantity of submittal documents. The Contractor shall assume all costs due to re-submittal of documents.

(j) Location of Prime and Sub-contractors. Because of the mission, organization, and projects of the USIBWC are directly associated along the international boundary, the location of offices for Prime and Sub-contractors will be evaluated during the selection process.

(k) Past Performance. The evaluation of Past Performance will include the offeror’s history of quality of service, timeliness of performance, cost control, business relations, customer satisfaction, and any recognitions of quality awards or certifications.

IBM09C0002 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.

IBM09C0002 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

E.2 Inspection of Services—Fixed-Price (FAR 52.246-4) (Aug 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

IBM09C0002 SECTION E

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.2 Inspection of Services—Fixed-Price - USIBWC

(a) Inspection: The International Boundary and Water Commission, United States Section, located at 4171 Mesa St., El Paso, TX, 79902, is designated as the location for final inspection and acceptance by the Government of all deliverable items required by the contract.

(b) Acceptable: Acceptance shall be by the Contracting Officer based upon conformance to the individual task order requirements and those noted in Section C, “Statement of Work.”

IBM09C0002 SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.242-14 APR 1984 SUSPENSION OF WORK

52.242-15 AUG 1989 STOP-WORK ORDER

52.242-17 APR 1984 GOVERNMENT DELAY OF WORK

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

F.2 SHIPPING INSTRUCTIONS

All documentation shall be shipped to the addresses cited in the individual task orders.

Shipment of all other items shall be as follows:

Parcel Post Shipments and Freight Shipments

Ship to:

International Boundary and Water Commission Attn: Environmental Mgmt. Dept.

Contract/Task Order Number: “TBD” 4171 N. Mesa St., Suite C-100 El Paso, TX 79902-1441

F.3 PERIOD OF PERFORMANCE

The period of performance shall be from March 1, 2009 to March 31, 2010.

IBM09C0002 SECTION F

F.4 PLACE OF PERFORMANCE

The required services shall be performed in the United States at locations along the international boundary between the United States of America and the country of Mexico from the mouth of the Rio Grande at the Gulf of Mexico to the Pacific Ocean. United States locations along the international boundary are generally with the immediate vicinity of the border, ranging from directly on the border to within one or two miles of the border. In rare instances, some locations may be several miles from the border and these instances shall be identified in individual Task Orders issued under the contract.

IBM09C0002 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 Headquarters .

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

G.4 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.5 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 each IBWC field 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.6 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.7 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.

IBM09C0002 SECTION H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

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 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.4 CONFORMANCE TO ALL APPLICABLE LAWS – IBWC (JUL 1992)6

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.5 Option to Extend Contract Period Performance

(a) The Government may extend the period of performance of the contract by unilateral contract modification. The Government shall notify the Contractor ___30 days prior to contract expiration. The original contract scope and requirements under contract section C “Statement of Work” shall be applicable to Option 1.

(b) If the Government exercises an option(s), the extended contract shall be considered to include the individual option(s). 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: Shall be the authority for IBWC to extend the period of performance to April 1, 2010 through March 31, 2011.

Option 2: Shall be the authority for IBWC to extend the period of performance to April 1, 2011 through March 31, 2012.

Option 3: Shall be the authority for IBWC to extend the period of performance to April 1, 2012 through March 31, 2013.

Option 4: Shall be the authority for IBWC to extend the period of performance to April 1, 2013 through February 28, 2014.

H.5 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42)

(May 1989)

In compliance with the Service Contract Act of 1965, as amended, 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 5332.

This Statement is for Information Only:

It is not a Wage Determination Employee Class Monetary Wage—Fringe Benefits

H.6 CONTROL OF STUDY AND ANALYSIS REPORTS

All studies or reports produced as a result of this contract and subsequent task orders shall not be released outside the U.S. Section of the International Boundary and Water Commission (USIBWC).

Accordingly, Contractors shall affix to the cover of all interim, draft, and final reports the following disclaimer:

“The views, opinions, and findings contained in this report are those of the author(s) and should not be construed as an official U.S.

Section, International Boundary and Water Commission position, policy or decision, unless so designated by other documentation.”

Distribution of the report(s) in any stage of development or completion to another party or individual other than the addresses in Section F shall not be made without the study sponsor’s approval.

Contractors shall submit any request for distribution other than to the addressee in Section F to the Contracting Officer.

H.7 CONTROL OF INFORMATION

The Contractor shall not duplicate nor distribute in any form or manner any and all material or information generated during the performance of the contract for public release. Public Release shall not be authorized without the express written consent of the Contracting Officer.

The Contractor shall not incorporate into projects any instructions received either orally or in writing from other governmental agencies without prior written approval from the USIBWC Contracting Officer.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND

H.8 ORDERING PROCEDURES – USIBWC (MAY 2003)

(a) General – If the contract contains multiple awardees, the issuance procedures stated herin are applicable.

(1) Work under this contract will be ordered by written task Order on Optional Form (OF) 347, “Order for supplies or Services.”

(2) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract.

(3) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.

(4) Awardees under this contract are not guaranteed issuance of any task order or deliver order above the minimum guarantee(s) of $5,000.00.

(5) Task Orders will be Firm-Fixed price and clearly define the specific services to be performed or the performance desired. Each Task Order shall include as a minimum:

(i) Date of order.

(ii) Contract number and Task Order number.

(iii) Statement of work, including references to applicable specifications.

(iv) Delivery date or period of performance.

(v) Place of delivery or performance.

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Price.

(ix) The place and manner of inspection and acceptance.

(x) Any Government-furnished property, material, or facilities to be made available for performance of the order.

(xi) Any other information deemed necessary to the performance of the order.

(6) Task Orders will be based on a Government developed Statement of Work.

(7) Task Orders…