B.08 W9127N20Q0120 0001 SF30 RFQ Amendment 01.pdf

USACE PORTLAND DISTRICT

CENWP

333 SW 1ST AVE

PORTLAND OR 97204-3440

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Request for Quote is amended to revise language in section 2.2 of the Statement of Work. Revision is highlighted in yellow .

Read Item 11 above.

All other terms and conditions remain the same.

The POC for this amendment is Patrick Collins, patrick.p.collins@usace.army.mil, 503-808-4594.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Sep-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9127N20Q0120

X 9B. DATED (SEE ITEM 11)

29-Aug-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Sep-2020

CODE

USACE PORTLAND DISTRICT

CENWP

333 SW 1ST AVE

PORTLAND OR 97204-3440

W9127N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

FACILITY CODECODE

EMAIL:TEL:

W9127N20Q0120

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

RAINBOW TROUT PRODUCTION

1. General Statement. Under this firm-fixed-price supply contract, the Contractor shall produce and release rainbow trout, in accordance with this Statement of Work (SOW) and Attachment 1. 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 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 (KO): 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.

Government: U.S. Army Corps of Engineers (USACE)

2. Contractor Requirements

2.1. The Contractor will produce, rear and release hatchery rainbow trout (Oncorhynchus mykiss) to various rivers, lakes, and waterbodies within the Willamette Valley River Basin, based on the Delivery Schedule (Attachment 1). Deliveries (stocking) will occur between February and November in 2022. Specific delivery dates will be coordinated with the COR. Hatchery trout (greater than legal size of 8 inches) will be released at two fish per pound (fpp) but can range from 1.75 to 2.25 fpp (Attachment 1). Trophy sized fish will be released at one fpp ranging from 0.9 to 1.1 fpp (Attachment 1). Trophy plus sized fish will be released at 0.5 fpp ranging from 0.4 fpp to 0.6 fpp (Attachment 1). All hatchery trout must be of legal size being greater than eight inches in length.

Prior to release, all fish must be rendered triploid, and certified healthy by a fish health specialist, as further described in paragraphs 2.3, 2.4, and 2.5.

2.2. The targeted poundage and number of rainbow trout (Oncorhynchus mykiss) for release during the performance of this contract are represented in the Delivery Schedule (Attachment 1). 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 5% below the maximum poundage and number of fish may be considered acceptable per CLIN, as further described in FAR 52.211-16. Further, load sizes for deliveries may be adjusted after coordination with the COR but may need not exceed the number/poundage for the CLIN.

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 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. CLIN 0001 is the base award representing 97,568 pounds of rainbow trout (Oncorhynchus mykiss) production and release on the target dates (Attachment 1). Specific delivery dates shall be coordinated by the COR.

2.8. Option CLIN 0002 representing an additional 48,365 pounds of rainbow trout (Oncorhynchus mykiss) production and release on the target dates (Attachment 1). Specific delivery dates shall be coordinated by the COR. This option may be exercised in accordance with FAR Clause 52.217-7.

2.9. Option CLIN 0003 representing an additional 50,674 pounds of rainbow trout (Oncorhynchus mykiss) production and release on the target dates (Attachment 1). Specific delivery dates shall be coordinated by the

2.10. Option CLIN 0004 representing an additional 48,933 pounds of rainbow trout (Oncorhynchus mykiss) production and release on the target dates (Attachment 1). Specific delivery dates shall be coordinated by the

2.11. Option CLIN 0005 representing an additional 31,460 pounds of rainbow trout (Oncorhynchus mykiss) production and release on the target dates (Attachment 1). Specific delivery dates shall be coordinated by the

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

Production and release of specified hatchery trout production into the appropriate water bodies.

- Meeting the specified number and poundage of fish released

- Time and location of release

- Quality of fish at release for each facility

- Periodic Inspections

- Quarterly Report review

1 per quarter

Adipose fin clip 100% of all trout to be released

- Adipose fin clipping rate greater than 99%

- Periodic Inspections

- Quarterly Report review

1 per quarter

Monitor fish health by examining hatchery trout for parasites, bacterial, viral, or other pathogens.

- Conduct examinations at least once per month

- Conduct examinations on fish destined for transfer or liberation no earlier than six weeks prior to movement.

- Periodic Inspections

- Report review

1 per quarter

3.1. 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 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.

3.2. 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 (Attachment 4). By initialing the form, the Contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the Contracting Officer.

3.2.1. Nonconforming Work. Nonconforming work shall be handled as outlined in FAR 52.212-4, Contract Terms and Conditions – Commercial Items.

3.2.2. Correction of Non-Performance of Work. The contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance, and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, within a period of time deemed acceptable and documented by the COR.

3.3. 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 Marine 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 Hatchery Genetic Management Plan (HGMP) for Upper Willamette Hatchery Rainbow Trout Program

5. Subcontracting. The Contractor shall notify the COR, in writing, of any work to be subcontracted. Compliance with the provisions of this award shall be the responsibility of the Contractor.

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 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. Points of Contact:

Submit invoices to:

Original invoice:

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

And one electronic copy:

Robert Wertheimer (541)374-8801 Robert.H.Wertheimer@usace.army.mil

8. General Administration:

Contracting Officer USACE Portland District Attention: Patrick Collins 333 SW 1st Avenue Portland, OR 97204-3440 Email: Patrick.P.Collins@usace.army.mil Phone: (503)808-4594

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.

(End Statement of Work for Rainbow Trout Production)

(End of Summary of Changes)