SOLICITATION.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Each offeror must provide the following information with the quote:

1. The Request for Quote (RFQ) number;

2. The Name, Address, Telephone Number, and DUNS Number of the Offeror;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quotes that reject the terms and conditions of the RFQ may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any, and;

5. Provide a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

6. Address technical capability in meeting the requirement per the Statement of Work.

DUNS NO.: _______________

0001 Labor and material to support a project that will involve Building a Groundfish Image Library from NEFSC Survey Collection (FIS/NOP funds). NCSP project to collection Electronic Monitoring (EM) data on the NOAA survey research vessel in support of image recognition technology. Provide EM system units on the NOAA research vessel, HENRY BIGELOW, in an effort to collect images to support a data warehouse for image recognition advancements.

1.00 JB

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Table of Contents

CLAUSES

CLAUSES

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CLAUSES

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CONTRACT CLAUSES

1. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCTOBER 2016) (Reference)

2. FAR 52.213-4 CONTRACT TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL ITEMS) (NOV 2017) (Reference)

3. FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) (Reference)

4. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013) (Reference)

5. FAR 52.243-1 CHANGES – FIXED PRICE (AUG 1987)

6. FAR 52.247-29 F.O.B. ORIGIN (FEB 2006)

7. Far 52.247-34 F.O.B. DESTINATION (NOV 1991)

8. CAR 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference)

9. CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference)

10. CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference)

11. FAR 52.213-4 Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items) (Jan 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(iv) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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(vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Nov 2017).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)

(41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the

U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of

$150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of

Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and

Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of

$150,000 or more).

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(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf.)

(viii)

(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or

52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when

52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United states (the 50

States and the District of Columbia.))

(xi) 52.213-4, Terms and Conditions – Simplified Acquisitions (Other than Commercial Items).

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693) (Applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY

STAR® Program or Federal Energy Management Program (FEMP) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xvi) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

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(xvii) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities).

(xviii) 52.225-1, Buy American —Supplies (May 2014) (41 U.S.C. chapter 83) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792)

(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the

System for Award Management (SAM) database as its source of EFT information.)

(xxi) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul

2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at

47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor of a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sep 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

__https://farsite.hill.af.mil_________________________________________________________________

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[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights --

(1) Within a reasonable period of 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.

(e) 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 of 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) 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.

(End of Clause)

11. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

WWW.ACQUISITION.GOV

(End of Clause)

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12. FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____. [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

13. CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

Chesapeake Bay Program Office

410 Severn Avenue, Suite 207A

Annapolis, Maryland 21403

(End of Clause)

14. CAR 1352.233-70 Agency Protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Dawn Dabney, 200

Granby Street, 8th Floor, Norfolk, VA 23510.

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S.

Dept. of Commerce, DOC Senior Procurement Executive, 1401 Constitution Ave. NW, Ste. 6422, Washington, DC 20230.

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law

Division of the Office of the General Counsel within one day of filing a protest with either the Contracting

Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the

General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and

Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

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15. CAR 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon

(i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the

General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and

Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482–5858.

(End of clause)

16. NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

(1) Included in NOAA’s locator, and

(2) When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

(End of clause)

17. NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

(1) Allow contractors to better prepare for and propose on business opportunities.

(2) Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

(3) Identify constraints in transparency and process.

(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

(c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a

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contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

(d) There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

(1) Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process

(e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

(2) The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

(3) The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

(4) The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

(5) The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

(6) The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of

Commerce, or the U.S. Government.

(7) The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

(f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

(g) Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO

Ombudsman, at Rafael.Roman@noaa.gov.

18. TRAVEL COSTS

Travel and subsistence expenses incurred, if required, in the direct performance of this contract shall be reimbursed in accordance with the contractor’s established policy, subject to the limitations set forth herein, pursuant to the Federal Acquisition Regulation (FAR) 31.205-46 or (31.3), establishing the

Federal Travel Regulations (FTR) procedures.

Travel shall not be reimbursed in excess of the cost of first class rail or of the lowest customary standard coach or equivalent airfare offered during normal business hours, except where the contractor certifies as to unavailability of accommodations, or necessity to travel during other than normal business hours based solely on the Government’s requirement for performance.

Subsistence for lodging, meals, and incidental expenses shall be reimbursed based on actual costs incurred only to the extent that they do not exceed on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations.

In the event that the contractor cannot negotiate a lodging rate at or below the FTR rate, the Contractor shall submit a request for payment of actual lodging costs to the Contracting Officer for approval prior to incurring any charges for lodging.

For any employee, routine daily commuting time (less than 50 miles one-way from their place of employment or residence) to and from the work site is not an allowable charge under this order.

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SUBMISSION OF INVOICES:

Invoice shall be submitted to the POC in accordance with the Purchase Order.

CONTRACT PROVISIONS

1. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

2. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

3. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

4. 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

5. 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC COPRORATIONS—

REPRESENTATION (NOV 2015)

6. FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN –REPRESENTATION AND CERTIFICATION

(OCT 2015)

7. 52.203-7 ANTI-KICKBACK PROCEDURES (May 2014)

Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

“Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

“Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

“Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United

States.

“Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime

Contractor.

“Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor,” as used in this clause,

(1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and

(2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

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“Subcontractor employee,” as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The 41 U.S.C. chapter 87, Kickbacks, prohibits any person from --

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractorto the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may

(i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or

(ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

(End of Clause)

8. Evaluation Criteria Award will be made on the basis of the best value to the government. The following evaluation factors will be used:

merit of technical proposal, personnel, past performance and price. Combined technical proposal, personnel, and past performance are more important than price.

1. Personnel

A. Description of the qualifications and experience of the personnel who will be involved in the requirement, identifying specifically which part of the task with which each will be involved.

B. Resumes of personnel.

2. Past Performance

A. The Contractor shall identify three (3) contracts/delivery orders/task orders, recently performed or currently underway that are similar in nature to this requirement. If the Contractor has not performed three such

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contracts/delivery orders/task orders, he/she shall identify as many similar contracts performed or currently underway.

B. The Contractor shall provide the following information with respect to each of these contracts:

1. Contract number, contract type, and dollar value

2. Date of contract award and period of performance

3. Name, address, and telephone number of all applicable contract points of contact

4. Brief description of contract work, scope, and responsibilities

3. Price Proposals

A. Offerors must submit a written price proposal by the date and time indicated in the request for quotations.

B. The price proposal shall be broken down and shall clearly explain and delineate costs, i.e. personnel, labor hours, other direct costs, and other costs as appropriate.

1330-52.203-70 Scientific Integrity and Research Misconduct

As prescribed in 1330-3.70, please insert the following solicitation and contract language: Scientific Integrity and Research

Misconduct

(a) Definitions. As used in this provision –

Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.

Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.

(b) General Guidelines

1. Maintaining Integrity. The contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudication of allegations of research misconduct.

2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the contractor shall comply with the provisions herein and NOAA

Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.

3. Primary Responsibility. The contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the

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contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.

4. By executing this contract, the contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.

5. The contractor shall insert the substance of this requirement in subcontracts at all tiers that involve research being performed under this contract.

(c) Investigating Misconduct Research

1. Initiating Investigation. If the contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the contractor shall:

A. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.

B. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.

2. Finalizing Investigation. When the investigation is complete, the contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

(d) Findings and Corrective Actions

1. If the contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:

i. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and

ii. Coordinate remedial action with the contracting officer.

(e) Department of Commerce Actions

1. The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the contractor shall fully cooperate with the investigation. The contracting officer will inform the contractor of the Department’s final determination.

2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

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DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

NORTHEAST FISHERIES SCIENCE CENTER (NEFSC)

Building a Library: Image Processing and Machine Learning to Support Electronic

Monitoring Programs

STATEMENT OF WORK

C.1.0 GENERAL

The Department of Commerce (DOC), National Oceanic and Atmospheric Administration

(NOAA), National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center

(NEFSC) is seeking a contractor to provide and install an image collection system capable of recording from four stations (three sampling and one belt sorting) on the survey vessel NOAA ship Henry B. Bigelow. The Contractor shall be responsible for the installation of equipment, removal of equipment, equipment maintenance, field support, meetings with NMFS personnel, image review, data analysis, image data set curation, and report writing. The Contractor personnel will be working under the guidance of NMFS staff.

The base period will be 14 months and will include project start-up, data collection, and data analysis and report writing periods. The project is expected to begin in late summer or early fall of 2018 with the coordination and installation of image collection equipment on the NOAA ship

Henry B. Bigelow in order to collect high quality images of a large proportion of the fish specimens processed by the bottom trawl survey. The Contractor will be responsible for developing image collection methods which minimize the impact of image data collection on

NMFS survey staff and shipboard resources. The Contractor will be responsible for pairing the collected image data with species records from the ship’s data collection system and producing a dataset appropriate for use in machine learning applications. The processing and data annotation of the electronic data will primarily be the responsibility of the Contractor; however, NMFS may assist or review the data as needed. All data collected will be the property of the

Government. The Contractor shall work with NMFS staff to develop an image library that can be of use to the broader scientific community.

The goal of this study is to aid in the development of resources with which to enhance the efficiency and accuracy of automated species identification. The information gained through this study will help ultimately enhance Electronic Monitoring (EM) in New England and Mid-Atlantic by providing the means to make EM video review more efficient and thereby a more viable option for collecting fisheries data.

C.2.0 BACKGROUND

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C.2.1 Overview DOC/NOAA/NMFS is the Government agency responsible for monitoring and managing Federal fisheries. Within the NEFSC, the Fishery Monitoring and Research Division’s (FMRD) Fisheries

Sampling Branch (FSB) is responsible for monitoring and observing fishing in the Northeast and mid-Atlantic U.S. The FSB collects, processes, manages, and provides fishery dependent data and biological samples obtained from fishing vessels. Collection of these data is mandated or otherwise needed for management under the Magnuson-Stevens Fishery Conservation and

Management Act, the Marine Mammal Protection Act, the Atlantic Tuna Convention Act, and the

Endangered Species Act. The branch staff and observers under contract perform at-sea operations aboard commercial vessels to collect information on fishing operations, fishing effort, catch, including bycatch and discard information, economic data and vessel efficiency, and biological samples of landed catch and discard. The Greater Atlantic Regional Fisheries Office

(GARFO) receives and reviews EM summary data to conduct data analysis and comparisons with other data sources where applicable.

EM is being considered as a tool for catch monitoring and reporting compliance in fisheries around the world. Nationally there are several EM initiatives and programs, but implementation in the northeast has been limited to date. As part of the Greater Atlantic Region’s Electronic

Technology (ET) Implementation Plan, the Councils and NMFS are considering implementation of EM in the Atlantic herring and northeast multispecies groundfish fisheries to improve catch monitoring and accountability. This project builds off of the recommendations and action items from the following completed projects and current initiatives:

● National EM Workshop, January 2014, GARFO and the NEFSC, in collaboration with

The Nature Conservancy (TNC), hosted a two (2) day workshop in May 2014 for the purpose of developing a shared strategy of implementing EM.

● The NEFSC completed the final phase of its New England Electronic Monitoring Project in 2013 and published the final report in August 2014. This project yielded initial technical specifications and onboard configurations for EM systems, catch handling protocols, methods for weight estimation, and other best practices for a groundfish EM program.

● TNC, the Gulf of Maine Research Institute, the Maine Coast Community Sector, and

Ecotrust Canada, have collaborated with GARFO and NEFSC, to operationalize an EM program in the groundfish fishery. The final project goal is to develop standards, process, and analysis to support the use of EM in lieu of At-Sea Monitors (ASMs) in the

New England multispecies fishery and implement an operational program in 2018.

● NEFSC and GARFO have partnered in 2016 and 2017 to test the applicability of EM to provide specific monitoring services in the Atlantic herring and mackerel fisheries.

● In 2018 NEFSC is exploring the effectiveness of still image cameras as a means for reducing storage costs associated with EM.

This study will deploy a camera system on a NOAA research vessel with the goal of producing an image library that can be used to develop tools that will advance catch accounting methods.

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This project is consistent with the objectives of the Councils to improve monitoring and to address bycatch in the groundfish fisheries.

Since 1963 the NEFSC has conducted a scientific bottom trawl survey spanning the Northeast

Continental Shelf Large Marine Ecosystem. This expansive design-based survey typically carries out ~370 tows (per season) at random stratified stations throughout the region. Surveys are currently conducted in the spring and fall and typically represent ~120 seadays. The fall survey typically runs from September through mid-November and the spring survey runs from

March through mid-May. Each spring and fall survey is divided into legs, between 2-3 weeks duration. Survey legs typically depart from and return to Newport, RI, however, Norfolk, VA and

Boston, MA may be used depending on cruise logistics. The NOAA Ship Henry B. Bigelow is the the primary vessel used for these surveys. The research vessel has a total length of 206ft and is staffed by 24 officers and crew and as many as 16 scientific personnel. The gear used for this survey is a standardized, multispecies bottom trawl that features a 89’ rock-hopper sweep and a 69’ headrope. Nominal fishing characteristics are 105’ door spread, 42’ wing spread, and

13’ headrope height. The on-bottom tow duration is standardized to 20 minutes. Total catch weight per tow are typically between 100 and 1000 lbs, however, tows as large as 30,000 lbs are occasionally encountered. The entire catch of each tow is dumped into a hopper (also called a checker pen) and brought inside a wet-lab via conveyor system. The catch is sorted by species along the conveyor and then weighed in at a primary weigh station by the watch chief.

Individual species are then passed along a secondary conveyor for biological sampling and processing at one of three workstations. While dependent upon the status of the species examined, data elements collected per individual finfish species typically include: length, weight, sex, and analysis of stomach contents. These data are captured using the Fisheries Scientific

Computer System (FSCS) and stored in an Oracle database. For additional information on the research vessel, the FSCS system, and survey protocols please see relevant publications1.

The data generated by each survey varies, but for the most commonly encountered species

~10,000 individuals are processed for length measurement per cruise (Figure 1) and closer to

1,000 individuals are processed for additional sampling like weight estimation (Figure 2). For a breakdown of some of the data elements included with the length data, see the InPort entries for the materialized view UNION_FSCS_SVLEN (https://inport.nmfs.noaa.gov/inport/item/33602).

1 PJ Politis, JK Galbraith, P Kostovick, RW Brown. 2014. Northeast Fisheries Science Center bottom trawl survey protocols for the NOAA Ship Henry B. Bigelow. US Dept Commer, Northeast Fish Sci Cent Ref Doc. 14-06; 138 p.

Available from: National Marine Fisheries Service, 166 Water Street, Woods Hole, MA 02543-1026, or online at http://nefsc.noaa.gov/publications/

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Figure 1. The distributions of length samples taken per survey season (the number of individual specimens processed). Data comes from cruises 2000 - 2018. Species selected are the most common species sampled in this manner across all surveys. Dashed vertical line represents ten thousand individuals with length estimates. Note the x axis is a log scale.

Figure 2. The distributions of weight samples taken per survey season (the number of individual specimens processed). Data comes from cruises 2000 - 2018. Species selected are the most common species sampled in this manner across all surveys.

Dashed vertical line represents one thousand individuals with weight estimates. Note the x axis is a log scale.

Additional cruise information is available through the InPort system at these locations

(https://inport.nmfs.noaa.gov/inport/item/22560 for the fall survey and https://inport.nmfs.noaa.gov/inport/item/22561 for the spring survey). These inPort files represent presentation data models and do not encompass the full scope of data collected at sea. Individual fish data elements that may be relevant to linking images include: location of the

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vessel, sampling site identifier, sampling location where individual fish parameters are collected, species identification, unit of measure where applicable, and date and time stamp for each parameter collected (please see Appendix 1).

C.2.2 Specifics of fish handling and data acquisition

Fish are processed in a streamlined and efficient manner on the research vessel2 (see also the the wet lab schematic and processing description Appendix 2). Typically, catch moves from a checker pen to sorting where individual species are grouped into baskets. From there, baskets are passed to two person teams (a ‘recorder’ and a ‘cutter’). These teams prep specimens for biological sampling and take the appropriate measurements and samples. Specimens which are only measured (only a length is recorded) are processed quickly often only with a few seconds between each specimen. This rapid processing allow the vessel to collect information from a large number of individuals, but also poses a challenge for those trying to collect images of the specimens. Specifically, the hands of the cutter will often remain on the fish while a length measurement is taken. This is especially true for the most experienced crew that are processing samples quickly. Generally, crew are working at capacity and it is unlikely that major changes

(such as delayed sampling protocols or cutters taking their hands off the specimens can be accomodated). For an example of this challenge please see the images on slides 16 and 18 of the noted processing presentation2 (again, also see the attached wet lab description and fish processing document). The goal initially will be to determine if adequate images can be collected without altering catch handling. Should an inadequate number of high quality images be collected in the early stages of the project additional consideration will be given to minor catch handling and processing changes.

C.2.3 Machine Learning and Image Analysis in the Northeast

There are a growing number of groups interested in applying a machine learning approach to

EM nationally. Much of the innovation in this realm is being driven by collaborations between

NOAA staff and researchers from the University of Washington. In New England there have been a couple of projects that have tried this using…