IBM15R0001_FINAL.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

IBM15R0001 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

03/12/2015

6. REQUISITION/PURCHASE NUMBER

CODE: IBWC_

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

7. ISSUED BY

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

8. ADDRESS OFFER TO (If other than Item 7)

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

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __4__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in __See Section L__ until __13:00:00__ local time __04/30/2015 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Laura A. Baker 915-832-4119

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

laura.baker@ibwc.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 16-20

X B SUPPLIES OR SERVICES AND PRICES/COSTS 5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 6 X J LIST OF ATTACHMENTS 21

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

22-26

X F DELIVERIES OR PERFORMANCE 9-10

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 27-31X G CONTRACT ADMINISTRATION DATA 11

X M EVALUATION FACTORS FOR AWARD 32-36X H SPECIAL CONTRACT REQUIREMENTS 12-15

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: IBWC_ International Boundary and Water Commission (IBWC)

USIBWC - FINANCIAL SERVICES DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Laura A. Baker

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

IBM15R0001

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work

C.01 Performance Work Statement D Packaging and Marking

D.01 Payment of Postage and Fees D.02 Marking

E Inspection and Acceptance 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) E.01 Time Required for Inspection and Acceptance E.02 Inspection and Acceptance

F Deliveries or Performance 52.247-34 F.O.B. Destination (Nov 1991) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) F.01 Place of Performance F.02 Contract Period of Performance F.03 Delivery Address F.04 Destination for F.O.B. Destination

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer G.03 Contracting Officer's Representative G.04 Payments G.05 Invoices

H Special Contract Requirements H.01 General Information H.02 Government-Contractor Relationship H.03 Control of Study and Analysis Reports H.04 Control of Information H.05 Service Contract Labor Standards H.06 U.S. Department of Labor Wage Determination H.07 Conformance to All Applicable Laws H.08 Notification to the Government of Delays H.09 Compensation and Liability Insurance H.10 Key Personnel H.11 Post Award Orientation Conference H.12 Section 508 Compliance H.13 Contract Close Out Procedures for Services

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-14 Service Contract Reporting Requirements (Jan 2014) 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 52.210-1 Market Research (Apr 2011) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.217-8 Option to Extend Services (Nov 1999) 52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)..16 52.219-8 Utilization of Small Business Concerns (Oct 2014) 52.219-9 Alt II Small Business Subcontracting Plan (Oct 2014) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2014) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-35 Equal Opportunity for Veterans (Jul 2014) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Jul 2014) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-41 Service Contract Labor Standards (May 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (May 2014) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May 2011) - Alternate I (May 2011) 52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May 2011) - Alternate II (May 2011) 52.223-6 Drug Free Workplace (May 2001) 52.223-10 Waste Reduction Program (June 2011) 52.223-12 Refrigeration Equipment and Air Conditioners 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) 52.223-16 Acquisition of EPEAT-Registered Personal Computer Products (Jun 2014) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.223-19 Compliance With Environmental Management Systems (May 2011) 52.225-1 Buy American - Supplies (May 2014) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-3 Patent Indemnity (Apr 1984) 52.227-14 Rights in Data - General (May 2014) 52.227-23 Rights to Proposal Data (Technical) (June 1987) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-18 Availability Of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jul 2013)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Oct 2014) 52.245-1 Government Property (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.246-20 Warranty of Services (May 2001) 52.246-25 Limitation of Liability - Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.237-3 Continuity Of Services (Jan 1991) 52.242-13 Bankruptcy (July 1995) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-8 Annual Representations and Certifications (Dec 2014) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Nov 2014) 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2004) 52.215-16 Facilities Capital Cost of Money (June 2003) 52.222-17 Nondisplacement of Qualified Workers (May 2014) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.237-1 Site Visit (Apr 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Pre-Proposal Conference L.02 Questions L.03 Contractor's Contract Administrator L.04 Proposal Composition Requirements and Instructions L.05 Pre-Award Survey L.06 Debriefing of Unsuccessful Offerors L.07 Firm Fixed Prices for Option Periods

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M.01 Evaluation Factors for Award

This is a Non-Personal, Firm Fixed Price (FFP) Service Contract. The Contractor shall provide all personnel, supervision, management, equipment, transportation, supplies, and any other item necessary to perform all work as identified in this contract.

001 Phase-In Period 1.00 MO Doc Ref No: 53093321044

Delivery Date (Start to End) Date FOB:

09/01/2015 to 09/30/2015 Destination

002 Base Year 12.00 MO Doc Ref No:

Delivery Date (Start to End) Date FOB:

10/01/2015 to 09/30/2016 Destination

003 Option Year 1 12.00 MO Doc Ref No:

Delivery Date (Start to End) Date FOB:

10/01/2016 to 09/30/2017 Destination

004 Option Year 2 12.00 MO Doc Ref No:

Delivery Date (Start to End) Date FOB:

10/01/2017 to 09/30/2018 Destination

005 Option Year 3 12.00 MO Doc Ref No:

Delivery Date (Start to End) Date FOB:

10/01/2018 to 09/30/2019 Destination

006 Option Year 4 12.00 MO Doc Ref No:

Delivery Date (Start to End) Date FOB:

10/01/2019 to 09/30/2020 Destination

IBM15R0001

Line Item Summary

Solicitation Number:

IBM15R0001

Contract Number: Title: Operations and Maintenance for

SBIWTP

Date of Solicitation:

03/12/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

Section C- Descriptions/Specifications/Statement of Work

C.01 Performance Work Statement

The Performance Work Statement (PWS) for this Solicitation is referenced in Section J and included as an attachment to this docu-ment.

Section D- Packaging and Marking

D.01 Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) and the Con-tracting Officer’s Representative (COR) shall be paid by the Contractor.

D.02 Marking

All information submitted to the CO or the COR shall be clearly marked to show the Name of the Contractor and the Contract Num-ber.

Section E- Inspection and Acceptance

Clause Title

52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996)

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

E.01 Time Required for Inspection and Acceptance

The time required by the Government for inspection and acceptance, of each deliverable/submittal shall be in accordance with the Per-formance Work Statement. Method of preparation, to include quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with this Contract.

E.02 Inspection and Acceptance

a. Inspection. Inspection of all deliverable/submittal items will be by the appointed COR or CO as set forth in this Contract.

b. Acceptance. Acceptance will be by the appointed COR or CO based upon conformance to the requirements set forth in this Con-tract. CO acceptance will be based upon the COR's technical inspection and recommendations.

Section F- Deliveries or Performance

52.247-34 F.O.B. Destination (Nov 1991)

52.242-15 Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately com-ply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is de-livered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Con-tracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly alloc-able to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stop-page; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in ar-riving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Con-tracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

52.242-17 Government Delay of Work (Apr 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing ac-cordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

(End of clause)

F.01 Place of Performance

The required services shall be performed at the South Bay International Wastewater Treatment Plant (SBIWTP) and appurtenant facil-ities located at 2995 Clearwater Way, San Diego, California, San Diego County, north of the International Boundary and near the in-tersections of Monument Road and Dairy Mart Road.

F.02 Contract Period of Performance

The Contractor shall perform the services stated herein for the period(s) as stated in the Schedule in Section B. Options to extend ser-vices shall be exercised at the unilateral right of the Government in accordance with FAR 17.207. The award of this Contract for the base period does not create any right in this Contract for option years.

F.03 Delivery Address

Items to be delivered to the Contracting Officer as required by the Performance Work Statement shall be delivered to USIBWC Headquarters. Items to be delivered to the Contracting Officer's Representative as required by the Performance Work Statement shall be delivered to the San Diego Field Office.

F.04 Destination for F.O.B. Destination

The destination for F.O.B. Destination shall be SBIWTP.

Section G- Contract Administration Data

G.01 Contracting Officer

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determ-inations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO.

G.02 Designation of Contracting Officer

The CO for this contract is:

Name: Laura A. Baker Address: 4171 N Mesa St, STE C100

El Paso, TX 79902-1441 Telephone: 915-832-4119 Fax: 915-493-2489 Email: Laura.Baker@ibwc.gov

G.03 Contracting Officer's Representative

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer's Representative 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 price, quantity, 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 limits of the Contracting Officer's Representative will be in accordance with FAR 1.604.

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

G.04 Payments

The Contractor will be paid in accordance with Contract Clause 52.232-1 Payments and 52.232-33 Payment by Electronic Funds Transfer - System for Award Management, incorporated by reference in Section I.

G.05 Invoices

All invoices shall be submitted electronically to the USIBWC's Finance and Accounting Division (FAD) at invoices@ibwc.gov. A copy shall be provided to the Contracting Officer and the Contracting Officer's Representative.

Section H- Special Contract Requirements

H.01 General Information

This Contract is a firm fixed price (FFP) contract for operation and maintenance of the SBIWTP. Performance of services shall be made as authorized by this Contract and modifications hereto, by the Contracting Officer.

H.02 Government-Contractor Relationship

(a) The Government and the Contractor understand and agree that the services to be delivered under this Contract are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this Contract between the Government and the Contractor's employees. It is, therefore, in the best interest of the government to afford the parties a full and complete understanding of their respective obligations.

(1) Contractor personnel under this contract shall not:

(i) Be placed in a position where they are appointed or employed by a federal officer, or are under the supervision, direction, or evaluation of a federal officer, military or civilian;

(ii) Be placed in a position of command, supervision, administration or control over USIBWC personnel, or personnel of other con-tractors, or become a part of the government operation; and

(ii) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the USIBWC or other applic-able federal agencies;

(2) Employee relationship:

(i) The services to be performed under this Contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(b) Rules, regulations, directions, and requirements which are issued by the USIBWC authorities under their responsibility for good order and administration are applicable to all personnel. This is not to be construed or interpreted to establish any degree of govern-ment control which is inconsistent with a non-personal services contract.

H.03 Control of Study and Analysis Reports

All studies or reports that are produced as a result of this Contract are property of the USIBWC and shall not be released outside the USIBWC until final approval or official review of the study is accomplished. Accordingly, the Contractor 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 shall not be construed as an official USIBWC position, policy, or decision, unless designated by other documentation.”

Distribution of studies or reports in any stage of development or completion to other than the addressee shall not be made without the study/report sponsor’s approval. The Contractor shall submit any request for distribution other to the addressee as identified in this Contract to the Contracting Officer.

H.04 Control of Information

The Contractor shall not duplicate or distribute in any form or manner any material generated during the performance of this Contract;

no public release is authorized without the express written consent of the Contracting Officer. The Contractor shall not incorporate in-to this project any instructions received either orally or in writing from other Government agencies without prior written approval for the USIBWC Contracting Officer.

H.05 Service Contract Labor Standards

This Contract is subject to the requirements of Service Contract Labor Standards as amended. The Contractor shall be responsible for meeting the obligations under the Service Contract Labor Standards as amended. Any questions regarding the extent of these obliga-tions shall be addressed to the Department of Labor.

The Contractor agrees to provide the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing under the contract.

H.06 U.S. Department of Labor Wage Determination

Enclosed with this requirement is the current U.S. Department of Labor Wage Determination No. 2005-2057, Revision No. 16, Date of Revision 12/22/2014. This determination establishes the minimum hourly wage rates and fringe benefits to be paid to those service contract employees engaged in the performance of this contract (see Section J for Wage Determination).

H.07 Conformance to All Applicable Laws

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, li-censes and other required authorizations from Federal, 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 Federal, State, and Local laws in any way af-fecting the Contract work.

H.08 Notification to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the delivery schedule or dates, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the Contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Of-ficer's Representative in writing, giving pertinent details. NOTE: this data shall not be construed as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract. The USIBWC is not responsible for delays or any costs associated therewith, where the USIBWC does not cause the delay.

H.09 Compensation and Liability Insurance

The Contractor shall within ten (10) 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 ag-gregate 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) per-son, $500,000 each accident or occurrence for bodily injury, and $100,000 for each accident or occurrence for property damage liabil-ity.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' com-pensation 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 Responsibil-ity 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 both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as additionally 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 in-surance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change ad-versely 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 5 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.

H.10 Key Personnel

The key personnel specified in this contract are considered to be essential to work performance. At least thirty (30) calendar days prior to removing, replacing, or diverting any of the specified individuals (or as soon as possible, if an individual must be replaced, for ex-ample, as a result of terminating employment with the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Contracting Officer's decision in regards to replace-ment Key Personnel shall be final.

H.11 Post Award Orientation Conference

A Post Award Orientation Conference will be scheduled after contract award and will be coordinated by the Contracting Officer. The purpose of the conference will be to familiarize the Contractor with the contract administration procedures, contract clarifications, contract requirements, and expectations. The conference will be structured to achieve a clear and mutual understanding of all contrac-tual administrative requirements and to identify any potential problems areas. The location of the conference will be at the sole discre-tion of the Contracting Officer. If authorized by the Contracting Officer, attendees may attend by phone or video conference.

H.12 Section 508 Compliance

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists (see CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended). The following standard is applicable:

[X] 1194.41 Information, Documentation, and Support.

Deliverables shall be accessible to users with disabilities as required in Section 508 of the Rehabilitation Act of 1973, as amended.

The Contractor shall ensure: (a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge; (b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge, and; (c) Support services for products shall accommodate the communication needs of end-users with disabilities.

H.13 Contract Close Out Procedures for Services

The following are items required as a part of the closeout process:

COR:

1) Performance Evaluation (Reference FAR Clause 42.15)

2) COR Certificate of Contract Completion

Contractor:

1) Release of Claims

Contracting Officer:

1) Contract Completion Statement

2) Contract Modification

Section I- Contract Clauses

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010)

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

DHS OIG Hotline Poster; www.oig.dhs.gov; ; ;

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-14 Service Contract Reporting Requirements (Jan 2014)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

52.210-1 Market Research (Apr 2011)

52.215-2 Audit and Records - Negotiation (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.217-8 Option to Extend Services (Nov 1999) thirty (30) calendar days of contract expiration;

52.219-4 Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2014)

52.219-8 Utilization of Small Business Concerns (Oct 2014)

52.219-9 Alt II Small Business Subcontracting Plan (Oct 2014)

52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation (May 2014)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-35 Equal Opportunity for Veterans (Jul 2014)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans (Jul 2014)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-41 Service Contract Labor Standards (May 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option

Contracts) (May 2014)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2014)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May 2011) - Alternate I (May 2011)

52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May 2011) - Alternate II (May 2011)

52.223-6 Drug Free Workplace (May 2001)

52.223-10 Waste Reduction Program (June 2011)

52.223-12 Refrigeration Equipment and Air Conditioners

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007)

52.223-16 Acquisition of EPEAT-Registered Personal Computer Products (Jun 2014)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.223-19 Compliance With Environmental Management Systems (May 2011)

52.225-1 Buy American - Supplies (May 2014)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-3 Patent Indemnity (Apr 1984)

52.227-14 Rights in Data - General (May 2014)

52.227-23 Rights to Proposal Data (Technical) (June 1987)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-9 Limitation on Withholding of Payments (Apr 1984)

52.232-11 Extras (Apr 1984)

52.232-17 Interest (May 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jul 2013)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Oct 2014)

52.245-1 Government Property (Apr 2012)

52.245-9 Use and Charges (Apr 2012)

52.246-20 Warranty of Services (May 2001) within sixty (60) calendar days of the completion of the service;

52.246-25 Limitation of Liability - Services (Feb 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) cal-endar day of contract expiration; provided that the Government gives the Contractor a preliminary written no-tice of its intent to extend at least thirty (30) calendar days [60 days unless a different number of days is inser-ted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty-six (66) months (months)(years).

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute 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

Position Grade Rate FB (36.1%) Total Shift Supervisor WS-09 30.84 11.13324 $41.97 Lab Supervisor GS-10 28.71 10.36431 $39.07 Lab Technician GS-08 23.60 8.5196 $32.12 Receptionist GS-04 15.36 5.54496 $20.90 Secretary GS-05 17.21 6.21281 $23.42 Chief, Electrician WS-10 32.18 11.61698 $43.80 Chief, Electronic Industrial Controls Mechanic WS-10 32.18 11.61698 $43.80 Chief, Mechanic WS-10 32.18 11.61698 $43.80 Electrician WG-10 24.77 8.94197 $33.71 Electronic Industrial Controls Mechanic WG-10 24.77 8.94197 $33.71 Auto Mechanic WG-10 24.77 8.94197 $33.71 Maintenance Mechanic WG-09 23.43 8.45823 $31.89 Wastewater Operators WG-08 22.08 7.97088 $30.05 Maintenance Workers WG-08 22.08 7.97088 $30.05

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this prop-erty, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Of-ficer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of clause)

52.237-3 Continuity Of Services (Jan 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be con-tinued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor main-tain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If se-lected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of clause)

52.242-13 Bankruptcy (July 1995)

In the event the contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, writ-ten notification of the bankruptcy to the contracting officer responsible for administering the contract. This noti-fication shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of government contract numbers and contracting offices for all government contracts against which final payment has not been made. This obligation remains in effect until fi-nal payment under this contract.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

www.acquisition.gov

(End of clause)

Section J- List of Attachments Identifier Title Date Number of

Pages 1 Attachment 1 - Performance Work Statement (PWS) 03/02/2015 27 2 Attachment 2 - Required Performance Metrics (RPM) Table 03/02/2015 4 3 Attachment 3 - NPDES Permit, Permit No. CA0108928, Order No. R9-2014-0009 03/02/2015 159 4 Attachment 4 - SBIWTP O&M History for FY14 (a) 03/02/2015 52 5 Attachment 5 - SBIWTP O&M History for FY14 (b) 03/02/2015 51 6 Attachment 6 - SBIWTP Site Layout 03/02/2015 1 7 Attachment 7 - SBIWTP Monthly Flow Report for FY14 03/02/2015 12 8 Attachment 8 - Wage Determination (WD) 05-2057 (Rev.-16) 03/02/2015 10 9 Attachment 9 - IBWC Form 99 03/02/2015 1 10 Attachment 10 - Annual Equipment Inventory for FY14 03/02/2015 65 11 Attachment 11 - SBIWTP Monthly Maintenance Expenses for FY14 03/02/2015 18 12 Attachment 12 - SBIWTP List of Permits & Fees 03/02/2015 10 13 Attachment 13 - Industrial General Storm Water Permit & Order 2014-0057-DWQ 03/02/2015 66 14 Attachment 14 - DRAFT IBWC San Diego SCADA Upgrade Strategy & Information System Security Plan 03/02/2015 71 15 Attachment 15 - Section 508 Compliance Template 03/02/2015 1

Section K- Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-8 Annual Representations and Certifications (Dec 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 221320 - Sewage Treatment Facilities.

(2) The small business size standard is $20.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a con-struction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the cor-responding individual representations and certifications in the solicitation. The offeror shall indicate which op-tion applies by checking one of the following boxes:

__ (i) Paragraph (d) applies.

__ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifica-tions in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicita-tions when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The…