Sol_F17PS00539.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

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

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040328152

FWS, DIVISION OF CONTRACTING AND GE

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

F01

Refer to Paragraph L.2 of the Solicitation

Michael Stearns 503-736-4469 x

06/26/2017

F17PS00539

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

Specifications: Referenced in Section J, titled - Project Manual for US Fish and

Wildlife Service; Hagerman New Equipment Storage Building - dated June 01, 2017

Drawings: Referenced in Section J, titled - Hagerman National Fish Hatchery;

Equipment and Storage Building; Issue for Construction - dated 01/30/17

Clauses: Stated in Sections E, F, G and I

Construction Wage Rate Requirements: Stated in Appendix A of Section J, titled -

General Decision Number ID170022 ID22 - dated 06/02/2017

THIS SOLICITATION IS A WOMEN-OWNED SMALL BUSINESS (WOSB) SET-ASIDE.

MAGNITUDE OF CONSTRUCTION: In accordance with FAR 36.204, the disclosure of the magnitude of construction is between $500,000 and $1,000,000.

DISCLOSURE OF RANGE OF THE GOVERNMENT ESTIMATE: The Government estimate falls within the range of $350,000 and $600,000. The estimate's price is inclusive of

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

30 0 calendar days and complete it within ________________ ________________ calendar days after receiving

FAR Clause 52.211-10

07/27/2017

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

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

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FWS, DIVISION OF CONTRACTING AND GE

EASTSIDE FEDERAL COMPLEX

911 NE 11TH AVENUE

PORTLAND OR 97232-4181

F01

Michael Stearns

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F17PS00539

optional tasks.

INSTRUCTIONS ON PREPARATION AND SUBMISSION OF

BIDS: Refer to Paragraph L.2 of the solicitation.

BID OPENING LOCATION: Refer to Paragraph L.3 of the solicitation.

BID GUARANTEES: Bid guarantees are required in accordance with FAR Clause 52.228-1.

PAYMENT PROTECTION: Pursuant to FAR Clause

52.228-15, contractor will be required to submit performance and payment protection prior to commencement of work. Additional information will be provided at the time of award.

LIABLITY INSURANCE: Pursuant to FAR Clause

52.228-5 and DIAR Clause 1452.228-70, contractor will be required to obtain liability insurance prior to commencement of work. Additional information will be provided at the time of award.

NOTICE TO BIDDERS: By submission of a bid, the bidder acknowledges the requirement that a prospective awardee shall be registered in the

System for Award Management (SAM) Database prior to award, during performance and through final payment of any contract resulting from this solicitation.

Please ensure your firm is registered in the SAM

Database via their website https://www.sam.gov.

Further help on registration can be acquired by using a local Procurement Technical Assistance

Center (PTAC) via http://www.aptac-us.org/new/Govt_Contracting/find.

php. These services are free to use. Additional information on how to register is included in the solicitation attachments.

The applicable NAICS Code and Size Standard for this procurement are as follows:

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F17PS00539

NAICS Code: 236220 (Commercial and Institutional

Building Construction)

Small Business Size Standard: $36.5 Million

Should you have any questions about the solicitation, please contact the Contracting

Officer, Michael Stearns

(michael_stearns@fws.gov; 503-736-4469).

Legacy Doc #: FWS

Delivery: 548 Days After Notice to Proceed

Delivery Location Code: 0008349285

FWS HAGERMAN NATIONAL FISH HATCHERY

3059D NATIONAL FISH HATCHERY ROAD

HAGERMAN ID 83332-5851 US

FOB: Destination

00010 Demolish Garage

1 AU @ $XX,XXX.XX / AU = $XX,XXX.XX

Firm-Fixed-Price (FFP)

00020 Demolish Old Admin Building with Asbestos Floors

1 AU @ $XX,XXX.XX / AU = $XX,XXX.XX

Firm-Fixed-Price (FFP)

00030 Construct Equipment/Storage Building

1 AU @ $XX,XXX.XX / AU = $XX,XXX.XX

Firm-Fixed-Price (FFP)

00040 Optional Task - Bathroom

(Option Line Item)

90 Days After Award

Optional task may be exercised at the time of award. Option may be exercised within ninety

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

5 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

F17PS00539

(90) calendar days from the issuance of the

Notice to Proceed. The contract's period of performance will not be extended as a result of exercising the option.

1 AU @ $XX,XXX.XX / AU = $XX,XXX.XX

Firm-Fixed-Price (FFP)

00050 Optional Task - Fire Alarm System

(Option Line Item)

365 Days After Award

Optional task may be exercised at the time of award. Option may be exercised within one (1) year from the issuance of the Notice to Proceed.

The contract's period of performance will not be extended as a result of exercising the option.

1 AU @ $XX,XXX.XX / AU = $XX,XXX.XX

Firm-Fixed-Price (FFP)

00060 Optional Task - Overhead Garage Doors

(Option Line Item)

365 Days After Award

Optional task may be exercised at the time of award. Option may be exercised within one (1) year from the issuance of the Notice to Proceed.

The contract's period of performance will not be extended as a result of exercising the option.

1 AU @ $XX,XXX.XX / AU = $XX,XXX.XX

Firm-Fixed-Price (FFP)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicitation No. F17PS00539 Construct Equipment/Storage Building

United States Fish and Wildlife Service

Hagerman National Fish Hatchery (NFH) – Hagerman, ID

TABLE OF CONTENTS

SECTION DESCRIPTION / TITLE PAGE

A. Solicitation / Contract Form (Not Applicable) B. Supplies or Services / Prices C. Description / Specifications (Not Applicable) D. Packaging and Marking (Not Applicable) E. Inspection and Acceptance F. Deliveries or Performance G. Contract Administration Data H. Special Contract Requirements I. Contract Clauses J. List of Documents, Exhibits and Other Attachments

Appendix A – Wage Determination Appendix B – Request for Information (RFI) Appendix C – List of Prohibited Items - Bid Opening Attendance

K. Representations, Certifications and Other Statements of Bidders L. Instructions, Conditions and Notices to Bidders M. Evaluation Factors for Award

Section A – Solicitation / Contract Form (Not Applicable)

Section B – Supplies or Services / Prices

Bid Schedule

Item No.

Description

Quantity

Unit

Unit Price

Amount

00010 Demolish Garage 1 Activity Unit $ $

00020 Demolish Old Admin Building with Asbestos Floors 1 Activity

Unit $ $

00030 Construct Equipment/Storage Building 1 Activity

Unit $ $

00040 (Option) Bathroom 1 Activity

Unit $ $

00050 (Option) Fire Alarm System 1 Activity

Unit $ $

00060 (Option) Overhead Garage Doors 1 Activity

Unit $ $

Total $

Section C – Description / Specifications

C.1 Summary of Work

Contractor shall demolish two (2) existing facilities. No hazardous materials have been identified in the existing facilities, with the exception of a small amount of asbestos floor tiles in one facility. Upon completion of demolition activities, the contractor shall construct a new pre-engineered building that shall be approximately 60 feet x 109 feet. The building shall consist of two (2) enclosed maintenance bays and five (5) trailer storage bays. The project also includes optional tasks for the addition of a bathroom, as well as installation of a fire alarm system and overhead garage doors. The contractor shall be responsible for coordinating with commercial utility providers to bring required utilities (i.e. electrical, water and sewage) to the project site.

C.2 Drawings and Specifications

Refer to Paragraph J.1for additional information on the contract drawings and specifications.

Section D – Packaging and Marking (Not Applicable)

Section E – Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F – Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

52.211-10 Commencement, Prosecution and Completion of Work APR 1984

Paragraph (a) fill in: thirty (30) Paragraph (c) fill in: within eighteen (18) months from the time the contractor receives the notice to proceed

52.242-14 Suspension of Work APR 1984

Section G – Contract Administration Data

G.1 The following are points of contact for this procurement:

a. Contracting / Administrative:

U.S. Fish and Wildlife Service Contracting and General Services Attn: Michael Stearns, Contracting Officer 911 NE 11th Avenue Portland, OR 97232-4181 michael_stearns@fws.gov 503-736-4469 (Desk)

b. Engineering / Technical:

U.S. Fish and Wildlife Service Division of Engineering Attn: L. Robert Moriarty, COR 911 NE 11th Avenue Portland, OR 97232-4181 lynn_moriarty@fws.gov 503-736-4440 (Desk)

c. Onsite Coordinator:

U.S. Fish and Wildlife Service Hagerman National Fish Hatchery Attn: Craig Eaton, Hatchery Manager 3059-D National Fish Hatchery Road Hagerman, ID 83332 craig_eaton@fws.gov 208-837-4896 (Desk)

d. Regional Land Surveyor, Region 1:

U.S. Fish and Wildlife Service Division of Realty Attn: David Hills, Regional Land Surveyor 911 NE 11th Avenue Portland, OR 97232-4181 david_hills@fws.gov 503-231-6843 (Desk)

1452.201-70 Authorities and Delegations SEP 2011 mailto:michael_stearns@fws.gov mailto:lynn_moriarty@fws.gov mailto:craig_eaton@fws.gov mailto:david_hills@fws.gov

CLAUSES INCORPORATED BY FULL TEXT

52.232-70 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013) –

Department of the Interior

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 (Contract Terms and Conditions – Commercial Items) included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Upload the following items to IPP for all pay requests:

- Request for progress payment as outlined in Paragraph (b) of FAR Clause 52.232-5

- Contractor certification as outlined in Paragraph (c) of FAR Clause 52.232-5

- Invoice as outlined in Paragraph (a)(2) of FAR Clause 52.232-27

Upload the following, additional items to IPP for the final pay request:

- Release of claims as outlined in Paragraph (h) of FAR Clause 52.232-5 and DIAR Clause 1452.204-70

The following items shall be kept current at the time of invoicing. They shall be electronically submitted to the COR for all pay requests and shall not be uploaded / attached to IPP:

- Certified payrolls, along with statements of compliance, as outlined in Paragraph (b) of FAR Clause

52.222-8

All documents listed within this clause shall be coordinated with the COR, except that final payment shall also be coordinated with the CO. Failure to submit / upload all required documentation can result in withholding of payment (Refer to FAR Clause 52.222-7) or retainage (Refer to Paragraph (e) of FAR Clause 52.232-5).

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of local clause) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Section H – Special Contract Requirements

H.1 Executive Compensation and First-Tier Subcontract Award Reporting Requirements

a. First-Tier Subcontract Information

In accordance with FAR Clause 52.204-10, contractors shall report by the end of the month, following the month of award, first-tier subcontracts exceeding $30,000. Reports shall be submitted using the website http://www.fsrs.gov. Minimum information is stated in Paragraph (d)(2) of FAR Clause 52.204- 10.

b. Executive Compensation of First-Tier Subcontractors

In accordance with Paragraph (d)(1) of FAR Clause 52.204-10, contractors shall report by the end of the month, following the month of award of a first-tier subcontract exceeding $30,000, and annually thereafter, the names and total compensation of each of the five (5) most highly compensated executives for each first-tier subcontractor for the subcontractor’s preceding completed fiscal year. Reports shall be submitted using the website http://www.fsrs.gov.

c. Quarterly Reviews

The CO will review the contractor’s reports on a quarterly basis to ensure information is consistent with the contract information. The end of each quarterly period will be March 31st, June 30th, September 30th, and December 31st. The contractor will be notified of any discovered inconsistencies so corrections can be made.

H.2 Service Contract Reporting Requirements

a. General

In accordance with FAR Clause 52.204-14, contractors shall report annually by October 31st, services performed under this contract during the preceding Government fiscal year (October 01st – September 30th).

b. Reporting Procedures

In accordance with Paragraph (d) of FAR Clause 52.204-14, reports shall be submitted using the website http://www.sam.gov.

c. Agency Reviews

The CO will review the reported information for reasonableness and consistency as it pertains to this contract. In the event the CO believes that revisions are required, the CO will notify the contractor no later than November 15th.

H.3 VETS-4212 (Federal Contractor Veterans’ Employment Report) Reporting Requirements

In accordance with FAR Clauses 52.222-35 and 52.222-37, contractors shall report the items in Paragraph

(b) of FAR Clause 52.222-37 by completing the VETS-4212. The form is required in all cases where the contractor or subcontractor has received an award greater than $150,000.

Contractors shall submit the report no later than September 30th of each year. Reports shall be submitted using the website http://www.dol.gov/vets/vets4212.htm.

http://www.fsrs.gov/ http://www.fsrs.gov/ http://www.sam.gov/ http://www.dol.gov/vets/vets4212.htm

c. Failure to Comply with VETS-4212 Reporting

In accordance with FAR 22.1302(b), COs must not obligate or expend funds appropriated for the agency for a fiscal year, to enter into a contract with a contractor that has not submitted the required annual VETS- 4212, with respect to the preceding fiscal year if the contract was subject to the reporting requirements.

H.4 Hydrofluorocarbon (HFC) Reporting Requirements

In accordance with FAR Clause 52.223-11, contractors shall track and report on an annual basis the amount in pounds of HFCs or refrigerant blends containing HFCs (must be 50+ pounds to be considered) contained in equipment and appliances delivered under this contract.

Contractors shall submit the report no later than November 30th of each year during contract performance, as well as at the end of contract performance. Reports shall be submitted using the website http://www.sam.gov.

http://www.sam.gov/

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 SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission and Recovery of Funds for Illegal or MAY 2014 Improper Activity 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 52.203-17 Contractor Employee Whistleblower Rights and Requirement to APR 2014 Inform Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements JAN 2017 or Statements 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content MAY 2011 Paper 52.204-10 Reporting Executive Compensation and First-Tier Subcontract OCT 2016 Awards 52.204-13 System for Award Management Maintenance OCT 2016 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government’s Interest When Subcontracting with OCT 2015 Contractors Debarred, Suspended or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility JUL 2013 Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business OCT 2014 Concerns 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations on Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

Paragraph (g) fill in, NAICS Code: 236220 (Commercial and Institutional Building Construction) Paragraph (g) fill in, contract number: F17PS00539

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned DEC 2015 Small Business Concerns Eligible Under the Women-Owned Small Business Program 52.222-3 Convict Labor JUN 2003 52.222-4 Contact Work Hours and Safety Standards – Overtime Compensation MAY 2014 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination – Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related MAY 2014 Regulations 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor Relations DEC 2010 Act 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-60 Paycheck Transparency (Executive Order 13673) OCT 2016 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming Potential JUN 2016 Hydrofluorocarbons 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While AUG 2011 Driving 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization of Indian Organization and Indian-Owned Economic JUN 2000 Enterprises 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-1 Bid Guarantees SEP 1996

Paragraph (c) fill in, Percent: twenty (20) Paragraph (c) fill in, Dollar: $3,000,000

52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds – Construction OCT 2010 52.229-3 Federal, State and Local Taxes FEB 2013 52.232-5 Payments Under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer – System for Award JUL 2013 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-1 Alt I Disputes MAY 2014 (Alt DEC 1991) 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities APR 1984 and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-4 Changes JUN 2007 52.244-2 Subcontracts OCT 2010

Paragraph (d) fill in: Cost Reimbursable, Labor-Hour and Time-and-Material Subcontracts.

52.244-6 Subcontracts for Commercial Items DEC 2016 52.246-21 Alt I Warranty of Construction MAR 1994 (Alt APR 1984) 52.248-3 Value Engineering – Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) APR 2012 (Alt SEP 1996) 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 1452.203-70 Restrictions on Endorsements JUL 1996 1452.204-70 Release of Claims JUL 1996 1452.236-70 Prohibition Against Use of Lead-Based Paint JUL 1996

52.222-35 Equal Opportunity for Veterans (OCT 2015)

(a) Definitions. As used in this clause--

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

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

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.225-9 Buy American – Construction Materials (MAY 2014)

(a) Definitions. As used in this clause--

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. Chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) * Item 1 Foreign construction material Domestic construction material Item 2 Foreign construction material Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

52.236-4 Physical Data (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by … refer to Project Manual and Contract Drawings.

(b) Weather conditions … refer to Project Manual and Contract Drawings.

(c) Transportation facilities … refer to Project Manual and Contract Drawings.

(d) Refer to Project Manual and Contract Drawings.

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 given 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):

Federal Acquisition Regulation (FAR) – Acquisition.gov Federal Acquisition Regulation (FAR) – FARSite

Department of the Interior Acquisition Regulation (DIAR) – eCFR Department of the Interior Acquisition Regulation (DIAR) – FARSite

1452.228-70 Liability Insurance (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000 each person

$500,000 each occurrence

$1,000,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End of clause) http://www.acquisition.gov/far http://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1400 http://farsite.hill.af.mil/vfdiara.htm

Section J – List of Documents, Exhibits and Other Attachments

J.1 List of Attachments

That following attachments are included as part of the solicitation and resulting contract:

Attachment Number File Name Document Title Date Pages

01 A06 Drawings Hagerman National Fish Hatchery;

Equipment and Storage Building; Issue for Construction

01/30/17 23

02 A06 Specifications Project Manual for US Fish and Wildlife Service; Hagerman New Equipment Storage Building

June 01, 2017 400

Appendix A Wage Determination

General Decision Number: ID170022 06/02/2017 ID22

Superseded General Decision Number: ID20160022

State: Idaho

Construction Type: Building BUILDING CONSTRUCTION, Including building construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites

Counties: Camas, Cassia, Gooding, Jerome and Lincoln Counties in Idaho.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017 1 02/17/2017 2 03/10/2017 3 04/14/2017 4 06/02/2017

BRID0003-002 06/01/2016

Rates Fringes

BRICKLAYER.......................$ 26.99 16.59

* ELEC0449-003 06/01/2017

Rates Fringes

ELECTRICIAN......................$ 29.53 12.98

IRON0732-002 06/01/2015

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 26.00 18.31

LABO0155-004 01/01/2017

Rates Fringes

LABORER (MASON

TENDER-Cement/Concrete)..........$ 27.48 11.75

PLUM0296-003 04/01/2017

Rates Fringes

PLUMBER..........................$ 29.00 14.32

ROOF0200-002 06/01/2016

Rates Fringes

ROOFER...........................$ 22.50 12.75

SHEE0055-005 06/01/2016

Rates Fringes

SHEET METAL WORKER (Excludes HVAC Duct Installation)..........$ 24.63 17.53

TEAM0483-002 01/01/2017

Rates Fringes

TRUCK DRIVER (WATER TRUCK)

GROUP 3.....................$ 25.35 14.40

SUID2010-015 08/08/2012

Rates Fringes

CARPENTER........................$ 21.44 0.00

CEMENT MASON/CONCRETE FINISHER...$ 14.76 2.80

HVAC MECHANIC: DUCT

INSTALLATION.....................$ 23.63 6.63

LABORER: Common or General......$ 14.82 0.00

LABORER: Pipelayer..............$ 14.26 0.00

LABORER: Tamper (Hand Held).....$ 15.00 5.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 18.96 4.42

OPERATOR: Crane.................$ 27.29 10.53

PAINTER: Brush, Roller and Spray............................$ 16.12 0.00

TRUCK DRIVER: Dump Truck........$ 17.82 2.18

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.)

should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Appendix B

Request for Information (RFI) Solicitation No. F17PS00539 Solicitation Title Construct Equipment/Storage Building at Hagerman NFH Company’s Name

Requested by Information

Name Title Email Address Phone Number

Date Requested

RFI Subject Specification Section(s) (in Reference to) Drawing(s) (in Reference to)

Is there a potential cost impact?

Is there a potential schedule impact?

Information Requested: Bidders shall be clear and concise with their question / statement. Only one question / statement may be submitted on each RFI.

Bidder’s Recommendation: Complete this section if applicable.

Government’s Response: Government representative to complete this section.

Name of Government Respondent Title of Government Respondent Date of Response

Appendix C List of Prohibited Items – Bid Opening Attendance

Section K – Representations, Certifications and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-8 Annual Representations and Certifications (JAN 2017)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction 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 corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option 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 certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable…