Sol_140FC324B0001.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 CALL

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

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

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040652936

FWS Constr A/E 3

FWS, Construction A/E Team 3

5275 Leesburg Pike Falls Church VA 22041

FC3

christa_garrigas@fws.gov

Christa Garrigas 0000000000 x

05/30/2024

140FC324B0001

INVITATION FOR BID

REQUEST FOR PROPOSAL

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

The proposed project involves the construction of the fifth phase of a new fish sucker fish hatchery located on Lower Klamath Lake Road in Klamath Falls, Oregon.

Small Business set-aside under NAICS code 237990. Small business size is $37.0 million.

Type of contract: Firm Fixed Price

Magnitude of Construction: Between $1,000,000.00 and $5,000,000.00

Pricing is to be completed on the attached bid schedule (attachment 1)

Bonding is 20% bid bond or $3 million, whichever is less. This is a requirement with bid submission to be considered responsive.

Basis of award: Price and price related factors (see section M)

Site Visit is scheduled for 21 August 2024 at 9:00 AM PST

Continued ...

11. The Contractor shall begin performance within

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.)

10 859 calendar days and complete it within ________________ ________________ calendar days after receiving

07/03/2024

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. 12/2022)

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 THE UNITED STATES CODE AT

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 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, Construction A/E Team 3 FWS, Construction A/E Team 3

5275 Leesburg Pike Falls Church VA 22041

FC3

Joshua Miller

28. NEGOTIATED AGREEMENT 29. AWARD

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,certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

10 U.S.C. 3204(a) 41 U.S.C. 3304(a)

STANDARD FORM 1442 (REV. 12/2022) BACK

Continued...

and return

(Contractor is not required to sign this document.) Your offer on this

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140FC324B0001

Questions are due by 26 August 2024 at 12:00 PM

PST

Bids are due by 3 September 2024 at 9:00 AM PST

The original sources sought for this solicitation was published on www.sam.gov under 140FC324R0008.

List of all attachments can be found at this link:

https://fws-fileshare.box.com/s/93j8oi5xlth1g921xb zthg0q242ksaqn

Contract Specialist: Christa Garrigas

Email: christa_garrigas@fws.gov

Delivery Location Code: 0008350396

FWS KLAMATH FALLS FISH AND WILDL OF

1936 CALIFORNIA AVENUE

KLAMATH FALLS OR 97601 US

Period of Performance: 09/03/2024 to 12/31/2026

00010 Task 1 Base Bid Ponds

Delivery: 12/31/2026

00020 Task 2 Option 1: Head Pond Access Road

(Option Line Item)

Anticipated Exercise Date 120

Delivery: 12/31/2026

00030 Task 3 Option 2: Fill Replacement

(Option Line Item)

Anticipated Exercise Date 120

Delivery: 12/31/2026

00040 Task 4 Option 3: Bird Predation System

(Option Line Item)

Anticipated Exercise Date 120

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

4 46

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140FC324B0001

Delivery: 12/31/2026

00050 Task 5 Option 4: Asphalt Roads

(Option Line Item)

Anticipated Exercise Date 120

Delivery: 12/31/2026

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 140FC324B0001 Title: Construct Phase 5 Sucker Fish Ponds Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

Table of Contents

A – Solicitation/Contract Form

B – Supplies or Services/Prices

C- Description/Specifications

D – Packaging and Marking

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

K – Representations, Certifications, and Other Statements of Bidders

L – Instructions, Conditions, and Notices to Bidders

M – Evaluation Factors for Award

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

A – Solicitation/Contract Form

Per attached Standard Form 1442.

(End of Section A)

B – Supplies or Services/Prices

See attachment 2 to complete bid schedule pricing

Performance Period: See clause 52.211-10 in Section F

(End of Section B)

C- Description/Specifications

C.1 STATEMENT OF WORK

Refer to the following attachments in Section J:

Attachment 1 - Bid Schedule Attachment 2 - Scope Narrative Attachment 3 – Phase 3 100% Specs Attachment 4 – Wage Decision Number OR20230071 dated 04/26/2024 Attachment 5 - Building a Better America Logo Applications Attachment 6 – Controller Alert Enhancing Transparency on Construction Signs Attachment 7 – Klamath Falls NFH Geotech Report Attachment 8 – Final Lease Recorded Attachment 9 – USFWS Klamath Falls NFH Final EA Attachment 10 – Addendum Drawings

(End of Section C)

D – Packaging and Marking

No clauses.

(End of Section D)

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

E – Inspection and Acceptance

The following clauses are incorporated by reference:

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

(End of Section E)

F - Deliveries or Performance

F.1 TYPE OF CONTRACT

All line items are identified as firm fixed price line items.

F.2 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

F.3 PROTECTION OF HISTORIAL AND ARCHAEOLOGICAL DATA

a. Cultural Resource Study – Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, and historical, paleontological, and archaeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project of Federal land-modifying activities.

b. Contractor Reporting – The contractor agrees that should it or any of its employees in the performance of a work order discover evidence of possible scientific, prehistorical, or archeological data it will notify the Contracting Officer immediately giving the location and nature of the findings. Written confirmation shall be forwarded within two days. The contractor shall exercise case so as not to damage artifacts or fossils uncovered during excavation operations and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition by the Government.

c. Subcontracts – The contractor agree to insert the above paragraph (b) in all subcontracts.

The following clauses are incorporated by reference:

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984), Alt I

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after Notice to Proceed has been issued , (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than three (3) years from issuance of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

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:

1. Invoice billed according to contract line items and rates.

2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.

3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

4. If final payment is billed, the last invoice shall state “FINAL”.

5. Contractor’s Release of Claims shall be submitted with the final invoice.

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 St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

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)

(End of Section G)

H – Special Contract Requirements

1. UTILITIES

The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

2. GENERIC GENDER TERMINOLOGY

Except where stipulated by the Federal Acquisition Regulations, the use of terms such as he, she, his, and her are not to be interpreted as implying other than neutral gender terms such as "it" or "their"

3. SAFETY

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project.

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern. The contractor shall also abide by current COVID-19 regulations and provide a plan for adhering to the regulations.

c. The Contractor shall initiate and maintain an effective safety program that provides adequate systematic policies, procedures, and practices to protect their employees from and allow them to recognize, job-related safety and health hazards. The program shall include provisions for the systematic identification, evaluation, prevention and control of general work site hazards, specific job hazards, and potential hazards that may arise from foreseeable construction methods and conditions, as well as providing a competent person to conduct frequent and regular inspections. Each employee must be instructed in the recognition and avoidance of unsafe conditions and the regulations applicable to the work environment.

d. The Contractor shall immediately notify the CO of any accident, incident, or exposure resulting in a fatality, lost-time injury, or property loss/damage of $2,500 or more arising out of work performed under this contract. The Contractor shall investigate all work-related accidents/incidents to the extent necessary to determine their cause(s) and furnish the CO an investigative report outlining findings and proposed or completed corrective actions. The contractor shall, when required by the CO, have a separate and complete independent investigation of the accident/incident, and submit a comprehensive report of findings and recommendations to the CO. The CO shall consult with the COR, CR and Service safety

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County) personnel in reviewing the investigation report and corrective actions. If the contractor fails or refuses to institute prompt corrective action, the CO may invoke the suspension-of-work clause in this contract or any other remedy available to the government. Any delay or cost resulting from a safety-related suspension of work will be borne by the Contractor.

e. In the event of an accident/incident, the Contractor shall be responsible for providing and obtaining appropriate medical and emergency assistance. Except for rescue and emergency measures, the scene of the accident/incident shall not be disturbed or the operation resumed until the on-site aspect of the investigation has been completed.

f. Service safety personnel and representatives from Federal, State, and local government agencies shall have the right to examine and conduct an investigation at sites or areas where work under this contract is being performed. The absence of such investigations shall not relieve the contractor of their safety program responsibilities.

4. ENVIRONMENTAL

The contractor is responsible for establishing and maintaining compliance with all applicable laws, regulations, rules, and standards, including without limitation, those regulations, rules, and standards, promulgated for the administration and enforcement of the following laws: the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as amended by Superfund Amendments and Reauthorization Act (SARA); Emergency Planning and Community Right-to-Know Act (EPCRA); Clean Air Act (CAA); Clean Water Act (CWA); Toxic Substances Control Act (TSCA);

and Solid Waste Disposal Act (SWDA), as amended by Resource Conservation and Recovery Act

(RCRA).

5. PROGRESS MEETINGS

a. The Contractor’s representative shall be available to meet with the CO or his/her representative at the job site during construction to discuss work progress.

b. Meetings will be scheduled by the CO with timely notification to the Contractor.

c. At the progress meetings, the Contractor shall give oral reports of the progress on the project to the CO.

If the work is behind schedule, the Contractor shall be prepared to (i) discuss the work and any causes of work delay(s); (ii) present a plan to bring the work back into conformance with the schedule; or, if necessary (iii) to propose a revised work schedule.

6. SUBMITTALS

a. It is the responsibility of the contractor to identify all submittals required by the specifications, referencing the Subdivision applicable, and submit the list to the CO within 14 calendar days after contract award. Failure to list a submittal will not relieve the contractor from submission of required information. A Submittal Register will be provided for completion.

b. All submittals requiring approval shall be submitted by the Contractor using a government-approved submittal form. The form must include the contract number and description of contents. All submittals shall be submitted for a 14 calendar day review by the COR, to allow adequate review prior to commencement of work in that area. (See Materials and Workmanship, Section I, FAR Clause 52.236-5.)

7. CONTRACT DRAWINGS AND SPECIFICATIONS

a. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the CO.

b. The Contractor shall:

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the CO of ambiguities, contradictions, gaps in information, if any;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph

(5) Reproduce and print contract drawings and specifications as needed. (After award, if additional copies of specifications and drawings are available, they will be provided to the contractor.)

c. Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

d. The work shall conform to the specifications and the contract drawings identified in Section J.

8. "AS BUILT" RECORD DRAWINGS

a. Contractor shall maintain in proper order, one (1) complete set of clean prints of all drawings on the project site.

b. The Contractor shall neatly inscribe, in red ink or pencil, all changes in work, and the dates of such changes, on the prints. The changes shall be noted in sufficient detail and clarity to accurately portray all "as built" conditions.

c. At the time of final inspection, the Contractor shall present the "as built" drawings to the CO.

9. APPLICABLE WAGE RATE DECISION

The Secretary of Labor has made a determination of the minimum prevailing wage rates which are to be paid to the classes of labor to be employed on this project. The decision number and date with minimum rates for this project are shown in Section J. The Contractor must furnish copies of their payrolls to the CO, weekly, seven (7) days after close of payroll period.

10. WORK HOURS

Working hours for the Contractor will be from 7:30 a.m. thru 4:00p.m., Monday thru Friday, excluding Saturdays, Sundays, and legal holidays. Advance coordination with the CO is required prior to working at any other time.

11. PRECONSTRUCTION CONFERENCE

a. After award, the Contractor shall attend a preconstruction conference with representatives of the Government at a time and place mutually agreed upon. (See Preconstruction Conference, Section I, FAR Clause 52.236-26.)

12. CHANGES

During the performance of this contract, various Government personnel will periodically appear on the job site to inspect contractor performance. The contractor is advised that ONLY the CO has the authority to direct or approve any change for work that will affect the price, quality, quantity or performance time.

13. COST BREAKDOWN OF CONTRACT PAYMENTS

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

a. Contractors must furnish a cost breakdown of any lump sum items which will provide the basis for progress payments. The cost breakdown shall be submitted in a format acceptable to the Contracting Officer and each item shall include overhead and profit. Contractor and CR/SR at the site must agree on the percentage of work completed at the end of each month. Contractor will submit an invoice monthly for payment to the CO. This invoice must be signed by the CR/SR or it will be returned to the Contractor and will delay payment. A correctly signed invoice is reviewed by the COR who prepares a contract progress report, and returns the payment request to the CO who approves and processes for payment. b.

Payments are authorized by FAR Clause 52.232-5, which requires that the Contractor certify with each payment request that he has paid or will pay with the proceeds of the payment his employees and subcontractors.

14. PROGRESS SCHEDULE/REPORTS

A contract progress schedule is required within 10 days after work commences. Actual progress must be reported on a contract progress report every two weeks. A copy of these forms shall be provided to you.

(See Schedules for Construction Contracts, Section I, FAR Clause 52.236-15.)

15. MODIFICATION BIDS-PRICE BREAKDOWN

a. The Contractor shall furnish an itemized price breakdown, within the time specified by the Contracting Officer, with any bid for a contract modification.

b. The price breakdown:

c. Must include sufficient detail of all costs for—

(1) Material;

(2) Labor;

(3) Equipment;

(4) Subcontracts; and

(5) Overhead and Profit; and

d. Must cover all work involved in the modification, whether the work was deleted, added, or changed.

e. The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

f. The Contractor's bid shall include a justification for any time extension proposed. A revised progress schedule will be required if time is adjusted.

16. QUALITY CONTROL

The Contractors Quality Control Inspector and/or Superintendent shall ensure all items on the Pre-Final Punch List, rejected and nonconforming work, along with all remaining work conforms to the contract terms, construction documents and industry standards, prior to the final inspection. The Contractor is responsible for maintaining its own pre final and final inspection records. The Contractor will be legally and financially responsible for not completing all of the contract requirements in accordance with the contract terms.

17. BENEFICIAL USE OR OCCUPANCY

The Contractor shall complete all inspections and commissioning requirements prior to final inspection.

The warranty shall be issued in accordance with FAR 52.246.21. Extended warranties offered by the contractor and its subcontractors or suppliers may be accepted at the Government’s discretion.

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

18. REPEAT INSPECTIONS

In the event the Contracting Officer finds that the project is not ready for the applicable inspections, (too many discrepancies) the contractor may be held liable for the cost of a repeat inspection. If the inspection involves the Contracting Officer, Contract Specialist, COR, Safety Officer or other key members, these cost may include additional labor, travel and miscellaneous expense.

19. PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

20. SUBSTITUTION – PROCESSION OF WORK

Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the quotation accepted. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.

21. HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

22. GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

23. UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage;

is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

24. DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS

29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.

25. FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.

(End of Section H)

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

I – Contract Clauses

The following clauses are incorporated by reference:

52.202-1 Definitions. (JUN 2020)

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. (JUN 2020)

52.203-7 Anti-Kickback Procedures. (Jun 2020)

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. (JUN 2020)

52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

52.203-17 – Contractor Employee Whistleblower Rights (NOV 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023)

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(NOV 2021)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.214-26 Audit and Records-Sealed Bidding (JUN 2020)

52.214-27 Price Reductions for Defective Cost or Pricing Data-Modifications-Sealed Bidding (JUN 2020)

52.214-28 Subcontractor Cost or Pricing Data – Modifications – Sealed Bidding (JUN 2020)

52.214-29 Order of Precedence – Sealed Bidding (JAN 1986)

52.216-7 Allowable Cost and Payment – Alternate I (Feb 1997)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

52.219-8 Utilization of Small Business Concerns (FEB 2024)

52.219-9 Small Business Subcontracting Plan (SEP 2023)

52.219-14 Limitations of Subcontracting (OCT 2022)

52.219-28 Post-Award Small Business Representation (MAR 2023)

52.222-3 Convict Labor. (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation. (MAY 2018)

52.222-6 Construction Wage Rate Requirements (AUG 2018)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (JUL 2021)

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)

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

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. (SEPT 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-32 Construction Wage Rate Requirements – Price Adjustment (Actual Method) (Aug 2018)

52.222-35 Equal Opportunity for Veterans (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020)

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

52.222-50 Combating Trafficking in Persons (NOV 2021)

52.222-54 Employment Eligibility Verification. (May 2022)

52.222-55 – Minimum Wages Under Executive Order 13658 (Jan 2022)

52.222-62 – Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (May 2024)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024)

52.225-9 Buy American – Construction Materials (Oct 2022)

52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)

52.227-1 Authorization and Consent (JUN 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

52.227-4 Patent Indemnity – Construction Contracts (Dec 2007)

52.228-2 Additional Bond Security. (OCT 1997)

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

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

52.228-11 Pledges of Assets. (FEB 2021)

52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022)

52.228-14 – Irrevocable Letter of Credit (Nov 2014)

52.228-15 Performance and Payment Bonds - Construction (JUN 2020)

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

52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014)

52.232-16 Progress Payments (NOV 2021) Alternate I (Mar 2000)

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 Management. (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

52.233-1 Disputes. (MAY 2014) – Alt I (DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

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

52.236-1 Performance of Work by the Contractor (Apr 1984)

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)

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

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)

52.236-16 Quantity Surveys (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)

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.242-5 Payments to Small Business Subcontractors (JAN 2017)

52.242-13 Bankruptcy. (JUL 1995)

52.243-4 Changes (JUN 2007)

52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024)

52.246-21 Warranty of Construction (MAR 1994)

52.248-3 Value-Engineering-Construction (OCT 2020)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012), Alt I (SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

The following clauses are provided in full text:

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023).

(a) Definitions. As used in this clause—

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

Covered article, as defined in 41 U.S.C. 4713(k), means—(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source.

This applies when the covered article or the source is subject to an applicable FASCSA order.

A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

https://www.govinfo.gov/link/uscode/44/3552

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County)

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

Location: Klamath Falls Fish Hatchery, Klamath Falls, OR (Klamath County) order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name…