USIBWC IMPLEMENTATION OF CLASS DEVIATION

Subject: US SECTION INTERNATIONAL BOUNDARY AND WATER COMMISSION (USIBWC) IMPLEMENTATION OF CLASS DEVIATION The USIBWC is implementing recent changes to our procurement processes in response to the class deviation from the Federal Acquisition Regulation (FAR) and Executive Orders 14173 and 14168. The following actions and updates are required to ensure compliance and maintain alignment with federal regulations and directives. References: • CAAC Letter 2025-01 Supplement 1 • CAAC Letter 2025- 02 Supplement 1 • FAR 1.400, Deviations from the FAR • FAR 1.404, Class deviations • Executive Order 14173 • Executive Order 14168 Action Items: 1. Exclusion of Specific Provisions and Clauses: The following provisions and clauses must be excluded from new solicitations or contracts: • 52.204-8 Annual Representations and Certifications (JAN 2025) • 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) • 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) • 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) • 52.223-1 Biobased Product Certification (MAY 2024) • 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) • 52.223-10 Waste Reduction Program (MAY 2024) • 52.223-23 Sustainable Products and Services (MAY 2024) 2. Inclusion of Specific Provision and Clause Deviations: Ensure the following deviations are included in new solicitations or contracts, if applicable: • 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) • 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) 4191 N. Mesa Street • El Paso, Texas 79902 (915) 832-4119 • http://www.ibwc.gov • 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) • 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025) • 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) • 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) • 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) • 52.223-23 Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) 3. Modifications to Existing Contracts: For existing contracts, the U.S. International Boundary and Water Commission (USIBWC) will implement changes via unilateral modification when feasible. This class deviation will be published on the USIBWC webpage to comply with Executive Orders 14148 and 14208. 4. System Updates and Representations: Please note that system updates may lag behind policy changes. The System for Award Management (SAM) may still require entities to complete representations based on provisions that are not included in agency solicitations, such as: • 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation • Paragraph (t) of 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services Agencies will not consider or use these representations. Entities are not required to, nor able to, update their entity registration to remove these representations in SAM. 5. Updates Pertaining to Executive Order 14208 and BioPreferred® Program: In compliance with Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. Additionally, the attachment reflects the recent updates to Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program. The contract numbers attached are affected by this class deviation notice are attached in this special notice.