Retamal Dam Building and Generator

Form / Attachment / Pricing Sheet

This document is the International Boundary & Water Commission (IBWC) Nondisclosure Agreement (NDA) for Conditional Access to Sensitive But Unclassified (SBU) Information. It outlines the terms and conditions under which individuals and companies will be granted access to SBU information related to a contract or solicitation.

• Requires individuals to consent to the terms of the agreement in exchange for conditional access to SBU information.
• Defines SBU information, including information that could adversely affect national interests or Federal programs, critical infrastructure, and vulnerabilities.
• Specifies that access is granted solely for the purpose of performing work under the contract.
• Obligates the individual to protect SBU information from unauthorized use and disclosure.
• Outlines procedures for disclosing SBU information to employees, subcontractors, and suppliers, requiring them to also sign an NDA.
• Details responsibilities for classifying, marking, and storing SBU data.
• Addresses consequences of violating the agreement, including cancellation of access, potential disqualification from future bids, and civil or criminal penalties.
• Includes provisions for release from the agreement and destruction of SBU data upon completion of work.

Bidders who are granted access to SBU information during the solicitation or contract performance period must sign this agreement. It is crucial for understanding the obligations and restrictions related to handling sensitive government information. Failure to comply can have significant consequences, including impacting future bidding opportunities.

Form / Attachment / Pricing Sheet

This document is the International Boundary & Water Commission (IBWC) Form 358A, "NONDISCLOSURE AGREEMENT RELEASE - Certification of Destruction of Sensitive But Unclassified (SBU) Information." It serves to release a company from their Nondisclosure Agreement (IBWC Form 359) and to certify the destruction of SBU data.

• Release of Nondisclosure Agreement: Section for the releasing representative to sign, date, and provide their title, confirming release from the NDA.
• Certification of Destruction of SBU Data: Requires certification that SBU data has been destroyed in a manner to preclude recognition or reconstruction, unless written permission to retain a copy was granted.
• Information of Person Completing Form: Fields for the printed name, title, company name, address, phone number, and email of the individual completing the form on behalf of the company.

Bidders may be required to complete and submit this form as part of the contract award process, particularly if the opportunity involves Sensitive But Unclassified (SBU) information. It confirms compliance with non-disclosure and data destruction requirements.

Solicitation / RFP / RFQ

This solicitation, "Retamal Dam Emergency Generator and Building," is for the construction of miscellaneous buildings. The project is estimated to be between $5,000,000 and $10,000,000 and is set aside for small business concerns with a size standard of $45 million.

• Construction of miscellaneous buildings, including design, construction (labor, equipment, and material), and closeout activities (drawing records, O&M manuals).

• Work location is in Mercedes, Texas, with specific latitude and longitude provided.

• Adherence to specific working hours (7:00 am to 3:30 pm, Monday-Friday) and site access coordination with USIBWC.

• Compliance with OSHA Safety and Health Standards (29 CFR 1926) and the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1).

• Procedures for handling discovered cultural resources.

• Contract Type: Firm Fixed Price.

• Period of Performance: 485 calendar days for completion of work, plus 120 days for closeout documents.

• Liquidated Damages: $1,349.49 daily for construction and $403.64 for closeout.

• Proposals must be submitted electronically via a secure Microsoft SharePoint portal.

• Access requests for the portal are due by June 14, 2025.

• Proposals are due by June 30, 2025, at 2:00 PM MST.

• Evaluation will be conducted in two phases: Phase One (technical qualifications, capability, past performance, etc.) and Phase Two (technical and price evaluation).

• Award will be made to the responsible Offeror whose offer conforms to the solicitation and is most advantageous to the Government.

• Key evaluation factors include Technical Plan, Past Performance, Experience, Safety, Schedule, Resource/Value Information, Submittal Compliance, and Cost/Price.

• Small Business Set-Aside.

• Small Business size standard: $45 Million.

• Small Business Subcontracting Plan Goals: 23% for small businesses, 5% for WOSBs, 5% for SDBs, 3% for SDVOSBs, 3% for HUBZone.

• A Pre-Bid Conference and Site Visit is scheduled for June 30, 2026, at 8:00 AM CDT in Mercedes, Texas.

• Questions regarding the solicitation are due by June 23, 2026, for the conference and by July 13, 2026, via email.

• Offerors must acknowledge all amendments issued against the Solicitation.

• A Bid Guarantee of not less than 20 percent of the bid price or $3,000,000 (whichever is less) is required for bids exceeding $150,000.