W9127N-17-R-0035_Hatchery_Trout_Production_RFP.pdf

SEE ADDENDUM

(No Collect Calls)

W9127N-17-R-0035 24-May-2017

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Jun 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9127N9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRICK COLLINS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204-3440

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W66QKZ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USACE PORTLAND DISTRICT

CENWP-OD

333 SW 1ST AVE

PORTLAND OR 97204-3440

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$750,000

NAICS:

112511

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF84

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9127N-17-R-0035

Section B - Supplies or Services and Prices

DELIVERY SCHEDULE

DELIVERY SCHEDULE

RAINBOW TROUT PRODUCTION

1. General Statement. Under this firm-fixed-price supply contract, the Contractor shall produce and release rainbow trout, as described in Attachment 1 and described below. The Contractor shall perform to the standards in the contract and comply with all local, state, and federal regulations.

Definitions. Below is a list of acronyms and definitions:

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the COR (See Appendix D).

Contract Line Item Number (CLIN): Separately identifiable contract line and subline items include a description of the item being procured, the quantity, a unit of measure, and a delivery schedule.

Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officers Representative (COR): An individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

2. Contractor Requirements

2.1. The Contractor will produce, rear and release rainbow trout (Oncorhynchus mykiss) to various rivers, lakes, and waterbodies within the Willamette Valley River Basin, as described in the Delivery Schedule (Attachment 1).

See Attachment 2 for a map of waterbody release locations. Prior to release, all fish must be properly identified, rendered triploid, and certified healthy by a fish health specialist, as further described in paragraphs 2.3, 2.4, and 2.5.

2.2. Maximum poundage and number of rainbow trout (Oncorhynchus mykiss) for release during the performance of this contract are represented in the Delivery Schedule (Attachment 1) per Tab, which is associated to a specific CLIN or Option CLIN. The number/pounds of fish shall not exceed these values. However, given the nature of fish production, some release targets may not be met and therefore a variance of no more than 10% below the maximum poundage and number of fish may be considered acceptable, as further described in FAR 52.211-16.

2.3. All rainbow trout produced and released must be triploid or otherwise rendered sterile.

2.4. All rainbow trout will be adipose fin clipped prior to release.

2.5. The Contractor will examine rainbow trout (Oncorhynchus mykiss) for disease no earlier than six weeks prior to release. The Contractor will not release any rainbow trout that show signs of disease. The Contractor will abide by State of Oregon regulations for fish transportation and release.

2.6. The Contractor will provide the COR a draft bi-annual report detailing rainbow trout production and releases for CLIN 0001 and for any option CLINs, if exercised. The Contractor shall include the information required by Attachment 3, Report for Trout Template, and submit the completed report via email to the COR on July 1 and December 1 of each year for which requirements exist. The Government will have three weeks from the time of submittal to provide comments back to the Contractor. The Contractor will revise the report as necessary and resubmit to the Government within three weeks following the Contractor’s receipt of the Government’s comments.

2.7. Option CLINs 1001, 2002, 3002, and 4002 each representing an additional 50,000 pounds equating to 126,250 of rainbow trout (Oncorhynchus mykiss) production and release (Attachment 1). These options may be exercised in accordance with FAR Clause 52.217-7.

2.8. Option CLINs 1002, 2003, 3003, and 4003 each representing an additional 50,000 pounds equating to 126,250

2.9. Option CLINs 1003, 2004, 3004, and 4004 each representing an additional 50,000 pounds equating to 126,250

2.10. Option CLINs 1004, 2005, 3005, and 4005 each representing an additional 27,000 pounds equating to 68,175 of rainbow trout (Oncorhynchus mykiss) production and release (Attachment 1). These options may be exercised in accordance with FAR Clause 52.217-7.

3. Performance Requirements Summary

The Government will only pay for supplies received and accepted. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provide guidelines for how and when surveillance will be performed. The PRS measures timeliness, effectiveness, and ensures the Contractor is delivering supplies as specified in the contract. Government quality assurance will be performed at such times and/or places as may be necessary to determine the supplies conform to contract requirements.

These are the criteria against which the performance will be evaluated. Work shall be considered “not performed” when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standard

Surveillance Validated

Complaints

Release of specified rainbow trout production into the appropriate water bodies in the quantities and time specified.

- Meeting the maximum specified fish release number with an allowed variance of 10% below the maximum, for each specified release, as numbers of fish (not pounds).

- Achieving the correct time and location of release

-Achieving the correct size of fish at release.

- Quality of fish at release for each facility, as reported by the fish health specialists.

- Achieving adipose fin clipping 100% of rainbow trout to be released.

Periodic inspections and biannual report review

2 per year or 4 per

CLIN

3.1. Surveillance

Periodic surveillance by the COR will serve as the surveillance method. If the COR discovers deficiencies, the COR will immediately inform the CO, who will notify the Contractor immediately for corrective action. The COR will provide the Contractor a report of any deficiencies within 5-days of becoming aware of such deficiencies. The Contractor will have 5-days to respond with corrective actions.

3.2. Quality Control

The Contractor, not the Government is responsible for quality control actions necessary to meet the quality standards set forth by the contract. The Contractor shall develop and submit their Quality Control Plan (QCP) for government approval within two weeks after contract award, in compliance with the delivery schedule prior to work commencing. Once accepted, the QCP shall be used by the Contractor to ensure appropriate size and numbers of fish are delivered in a timely manner in accordance with Attachment 1. The Quality Assurance Surveillance Plan (QASP) developed by the Government is a document that communicates to the Contractor the surveillance methods that will be used to measure its performance against the standards in the contract and provides means by which the Government monitors and documents performance. Quality Assurance (QA) is the Government process that ensures the Contractor delivers quality and timely rainbow trout. The surveillance methods identified in the QASP together with the Contractor’s QCP will help determine whether the contractor delivers the performance agreed to in the contract. The Government reserves the right under the contract to inspect, accept, or reject in accordance with the Federal Acquisition Regulation (FAR) Clause 52.212-4 Terms and Conditions—Commercial Items.

3.3. Unacceptable Performance

When the size, quantity, and or delivery is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the Contractor’s on-site representative of unacceptable performance and provide written documentation by use of the form DD 2772, Contract Discrepancy Report. The Contractor’s on-site representative is required to initial and date the form acknowledging notification of unacceptable performance.

Disputes in surveillance should be referred to the Contracting Officer.

The COR will notify the Contracting Officer of less than acceptable performance. If the supplies do not conform to contract requirements, the Government may require the Contractor to replace supplies again at no increase in contract price in accordance with FAR Clause 52.212-4 Contract Terms and Conditions-Commercial Items.

3.4. Correction of Non-Performance of Work. The Contractor shall initiate corrective actions within the first business day after noncompliance has been observed by or reported to and verified by the COR.

3.5. Standard. Recurring defects are not permitted. For example, if the COR discovers a missing inspection report, the Contractor is required to correct the defect through re-performance and no defect is recorded against the Contractor's performance. However, if this same situation occurs again during the contract period, a defect will be recorded and reported to the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items.

4. Laws, Regulations, Operational Guidance. The Contractor shall comply with all applicable State and Federal laws and regulations. This includes:

The National Maries Fisheries Service 2008 Willamette Biological Opinion (https://pcts.nmfs.noaa.gov/pcts-web/dispatcher/trackable/NWR-2000- 2117?overrideUserGroup=PUBLIC&referer=/pctsweb/publicAdvancedQuery.pcts?searchAction=SESSIO

N_SEARCH)

The State of Oregon 2003 Fish Health Management Policy

5. Subcontracting. The Contractor, in writing, is required to obtain the preapproval of the Contracting Officer’s consent to subcontract.

6. Other Considerations.

Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act

Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website: http://www.dol.gov/whd/regs/compliance/posters/sca.htm.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act http://benefits.va.gov/vow Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation – Hiring Our Heroes http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material

7. Invoicing.

Submit invoices to:

Original to:

U.S. Army, COE, Finance Center Attn: CEFC-AO-P 5722 Integrity Drive Millington, TN 38054-5005

And one electronic copy to:

Andrew Traylor 503.201.5810 Andrew.W.Traylor@usace.army.mil

ATOPSEC

ANTITERRORISM/OPERATIONS SECURITY

AT Level I Training.

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

For contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something).

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award.

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

Pre-screen candidates using E-Verify Program.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100,000 Pound Base Rainbow Trout CY17-18

FFP

The Contractor shall produce 100,000 pounds equating to 252,500 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 0001 FOB: Destination

NET AMT

1001 50,000 Pound OPTION Option Rainbow Trout CY17-18

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 1001

1002 50,000 Pound OPTION Option Rainbow Trout CY17-18

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 1002

1003 50,000 Pound OPTION Option Rainbow Trout CY17-18

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 1003

1004 27,000 Pound OPTION Option Rainbow Trout CY17-18

FFP

The Contractor shall produce an additional 27,000 pounds equating to 68,175 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 1004

2001 100,000 Pound OPTION Option Rainbow Trout CY18-19

FFP

The Contractor shall produce 100,000 pounds equating to 252,500 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 2001

2002 50,000 Pound OPTION Option Rainbow Trout CY18-19

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 2002

2003 50,000 Pound OPTION Option Rainbow Trout CY18-19

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 2003

2004 50,000 Pound OPTION Option Rainbow Trout CY18-19

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 2004

2005 27,000 Pound OPTION Option Rainbow Trout CY18-19

FFP

The Contractor shall produce an additional 27,000 pounds equating to 68,175 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 2005

3001 100,000 Pound OPTION Option Rainbow Trout CY19-20

FFP

The Contractor shall produce 100,000 pounds equating to 252,500 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 3001

3002 50,000 Pound OPTION Option Rainbow Trout CY19-20

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 3002

3003 50,000 Pound OPTION Option Rainbow Trout CY19-20

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 3003

3004 50,000 Pound OPTION Option Rainbow Trout CY19-20

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 3004

3005 27,000 Pound OPTION Option Rainbow Trout CY19-20

FFP

The Contractor shall produce an additional 27,000 pounds equating to 68,175 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 3005

4001 100,000 Pound OPTION Option Rainbow Trout CY20-21

FFP

The Contractor shall produce 100,000 pounds equating to 252,500 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 4001

4002 50,000 Pound OPTION Option Rainbow Trout CY20-21

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 4002

4003 50,000 Pound OPTION Option Rainbow Trout CY20-21

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 4003

4004 50,000 Pound OPTION Option Rainbow Trout CY20-21

FFP

The Contractor shall produce an additional 50,000 pounds equating to 126,250 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 4004

4005 27,000 Pound OPTION Option Rainbow Trout CY20-21

FFP

The Contractor shall produce an additional 27,000 pounds equating to 68,175 rainbow trout (Oncorhynchus mykiss) and delivery to Willamette River Basin in accordance with the Delivery Schedule (Attachment 1) Tab CLIN 4005

SUBMITTAL CHECKLIST

OFFEROR CHECKLIST

PROJECT TITLE: Trout Production Willamette Basin

SOLICITATION NUMBER: W9127N-17-R-0035

List checklist is provided as a guide only and is not required with the Offeror’s proposal

Responsive Quote Submission Checklist:

Offeror's Initials of Items

Included in Submission:

1 Signed Standard Form 1449 – Blocks 17 and 30. 1

2 Signed Amendment(s) if applicable (SF30 Signed and Dated – Block 15):

CLINs filled out: Unit price

Contractor completed Certifications and Representations Per FAR Clause 52.212-3 (or https://www.sam.gov/), 52.204-7, 52.219-1, 52.225-18, DFARS Clause 252.209- 7998, and DFARS Clause 252.209-7999

Factor 1- Recent and Relevant Experience Per Section L & M of the RFP

Factor 2 - Past Performance Factor 2 Per Section L & M of the Request for Proposal (RFP) (Attachment 3 - PPQs if required)

Factor 3- Technical Capabilities Per Section L & M of the Request for Proposal (RFP)

Factor 4- Small Business Participation Plan Per Section L & M of the Request for Proposal (RFP) (Attachment 4)

Factor 5 – Price Proposal Per Section L & M of the Request for Proposal (RFP)

Small Business Subcontracting Plan Per Section L & M of the Request for Proposal (RFP) (Not required if a small business) (Attachment 5)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2017 TO

31-DEC-2018

N/A USACE PORTLAND DISTRICT

CENWP-OD

333 SW 1ST AVE

PORTLAND OR 97204-3440

W66QKZ

1001 POP 01-JUL-2017 TO

31-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2018 TO

31-DEC-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JAN-2019 TO

31-DEC-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JAN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-JAN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-JAN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-JAN-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JAN-2020 TO

31-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JAN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-JAN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-JAN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-JAN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

0 Percent increase 10 Percent decrease This increase or decrease shall apply to the total item quantity for each destination.

(End of clause)

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991

Section I - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-5 Trade Agreements OCT 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7011 Alternative Line Item Structure SEP 2011 252.215-7008 Only One Offer OCT 2013 252.219-7000 Advancing Small Business Growth SEP 2016 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to…