A5_-_Rev_1_SOW_Vessel_Charter.pdf

Statement of Work

Bottom Trawl Gear Efficiency Study

1.0 GENERAL

NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) is seeking a charter vessel partner to participate in a research study designed by the Northeast Trawl Advisory Panel (NTAP) to estimate trawl gear capture efficiency in order to improve assessments of commercially important fish populations in the Northwest Atlantic, focusing primarily on the effect of variable wingspread on capture efficiency of the survey trawl. A commercial fishing vessel will be selected to conduct research bottom trawl hauls between 10 – 14 total sea days. The exact duration, number of legs and timing of each leg will be determined in consultation with the NTAP and the contracted vessel. The study will use the standard NEFSC 4-seam, 3-bridle survey bottom trawl provided by the NEFSC. Bottom trawl hauls will be conducted in areas of relatively high abundance of commercially important species with the exact haul locations to be determined in consultation with NTAP and the contracted vessel.

2.0 SPECIFIC TASKS AND RESPONSIBILITIES

2.1 Period of Performance

The planned period of performance includes 10-14 days of work with a period of performance within one year from the date of award. If the research sampling is completed in less than the allocated time, the vessel will be reimbursed for only those days actually at sea (sea days). A sea day is defined as any part of a calendar day spent steaming to and from the port of departure for the purpose of conducting the research, and the days actually spent conducting the sampling. Calendar days of less than 24 hours will be prorated at an hourly rate based on the daily rate agreed upon for the contract period. Conducting the research is defined as steaming to each haul location, towing at each haul location and laying-to due to bad weather or scientific equipment failure.

A vessel shall be placed off-hire in the event of loss of time due to any Contractor or vessel-related operational deficiencies. Any underway days lost by the vessel during the currency of the contract due to excusable delays as defined in FAR 52.212-4f shall be added to the cruise period per contract modification (See FAR 52.212-4c and FAR 52.212-4f). Fuel costs will be reimbursed separately from the vessel charter rate at actual costs.

2.2 Cruise Operations

Prior to the commencement of the cruise, the vessel will be made available to NEFSC scientific staff, on mutually-agreed upon date(s), to inspect the vessel, install scientific equipment, and to meet with the Master and owners. Any software, gear, nets and/or equipment installed on the vessel for the purpose of conducting the research cruise shall be removed by NEFSC at the end of the cruise.

The vessel must have a minimum of five crew, including Master, mate, engineer and cook, to operate the vessel and to support fishing and scientific operations. The Master and at least one other member of the ship’s crew must be fluent in English.

While at sea, the Master is responsible for the operation of the vessel and safety of the scientific staff and crew. The Chief Scientist shall be in charge of overseeing the scientific sampling. Any damage to the vessel and its gear which occurs during the cruise is the responsibility of the vessel. The crew is responsible for operation of the vessel, fishing operations and assisting with processing of the catch. It is imperative that all fish be removed from the entire net after each set to ensure that all fish recorded are from the correct set. After each set, the catch shall be sorted to species and lengths shall be collected from selected species. Additional biological data may also be collected from selected species.

Each cruise leg shall take place in the continental waters of the western North Atlantic including mid-Atlantic, Southern New England, Georges Bank and the Gulf of Maine in water depths ranging from 5-100 fathoms. Fishing shall occur day and night; operating on agreed-upon watches, at pre-determined haul locations selected in consultation with the NTAP and provided to the Master prior to departure for his/ her review. The fishing gear shall consist of a four-seam three-bridle survey bottom trawl rigged with 16 inch rockhopper ground-gear (sweep) and 20 fathom bridles provided by the NEFSC. Suitable trawl doors shall be provided by the vessel capable of spreading the standard NEFSC trawl net to 17m width. This research study shall utilize restrictor ropes between the doors to define the width of the trawl net. The vessel crew must be able to safely and consistently set and haul the research utilizing restrictor ropes. Exact lengths of the restrictor ropes and target net spreads shall be determined in consultation with the NTAP and the contracted vessel. The vessel shall be required to provide a fully functioning acoustic trawl mensuration system capable of accurately and consistently measuring door spread, wing spread and headrope height in real time. It is imperative that each haul be conducted according to standard operating procedures which shall be provided prior to departure. These procedures shall include a standardized tow duration (time net is in contact with the bottom), a standard towing speed, and standardized setting and retrieval procedures. Some time at the beginning of the initial cruise leg may be dedicated to gear trials to ensure proper configuration of the research fishing gear.

The vessel crew shall be responsible for repairing any damage to the trawl gear incurred during the study. It is crucial to the success of the study that the gear be maintained in its original, standardized condition. Net mending supplies and a detailed net plan shall be provided by the Government. At the end of the charter the vessel crew is responsible for thoroughly cleaning, washing, and baling all nets. This includes removal of all fish, crabs, seaweed, etc. and towing the net behind the vessel until it is free of any biological material. All nets shall be neatly stacked and baled securely with rope.

Retention and sale of catch from survey tows shall not be permitted. A Scientific Research Permit from the NOAA Fisheries Northeast Regional Administrator shall be obtained by the Contracting Officer Technical Representative (COTR) and maintained onboard each vessel for the duration of the survey. No Days-At-Sea (DAS) shall be charged to the vessel under this research activity; the vessel shall be considered a NOAA research vessel under this contract.

The vessel shall utilize and maintain nautical charts, logs and/or computer software(s) that provide a record of the vessel’s location, operations, operating conditions and any significant vessel-related events. These charts, logs and software output(s) shall be made available upon request of the Chief Scientist. The Master shall provide access to scientific personnel of GPS location data, speed, RPM, and other available operational data during the trawling activities, either by recording or electronically logging these data.

Nothing herein contained shall be construed as creating demise of the vessel to the Government. The Contractor under this contract shall retain complete and exclusive possession and operation of the vessel and its navigation.

2.4 Provisions

Three meals per day (breakfast, lunch and dinner) shall be prepared by the vessel cook for 5 scientists. Meats shall be included at each lunch and dinner along with two vegetables and dessert or fruit. Milk, coffee, tea, water, cold juice and soft drinks shall be available at all times. Meals shall be prepared during each day of vessel operation under this contract.

2.5 Emergency Medical Care, Safety and Health

a. Medical Services. The Contractor shall provide at least one crewmember trained in advanced first aid, CPR and automated external defibrillator (AED) use while underway for the duration of the contract. The medical person in charge is responsible to the Master for health of crewmembers and Scientific Field Party personnel including emergency and routine care, preventative medicine and medical administration. The medical person in charge shall assist the Master in developing plans and procedures for dealing with medical emergencies, including obtaining shore side medical advice/assistance and designating and training other shipboard personnel to provide assistance in emergencies.

b. Medical Provisions. The contracted vessel shall be outfitted with a current first aid manual, complete first aid kit and automated external defibrillator (AED). The Contractor shall provide a designated area to accommodate first aid treatment, medical equipment and other medical provisions. The Contractor shall establish adequate and reasonable controls and procedures for the custody and safekeeping of all medical supplies, equipment and controlled medical substances.

c. Medical Records. The Contractor shall maintain medical records aboard the vessel for Scientific Field Party personnel containing a minimum medical history and on-board treatment records. The confidentiality of these records shall be protected in accordance with the Privacy Act at 5 USC 552a.

d. Hazardous Materials. The Contractor shall follow all applicable regulations and standards pertaining to the Pipeline and Hazardous Materials Safety Administration, Department of Transportation contained in 49 CFR.B.1. The Contractor shall maintain a current library of Material Safety Data Sheets (MSDS) for all hazardous materials aboard the vessel and shall make them readily available to all personnel on board. The Chief Scientist shall provide the Contractor with a current copy of an MSDS for any/all hazardous materials brought onboard the vessel by the Scientific Field Party. The Chief Scientist shall be responsible for the removal of all hazardous materials not consumed during scientific operations and for the removal of all hazardous materials, if any, generated by the Scientific Field Party. The Government shall provide the personal protective equipment required for the safe handling of those hazardous materials brought onboard by the Scientific Field Party. The Contractor is responsible for the compliance with all applicable environmental, health and safety laws and regulations pertaining to shipboard operations, including the use of hazardous materials, and the treatment, storage and disposal of hazardous materials (if any) generated by the vessel. It is not anticipated at this time that any hazardous materials shall be brought on board. However, if this changes, arrangements shall be made with the Master to accommodate the above requirements. Additional safety requirements such as an emergency eye wash station shall also need to be arranged. These arrangements shall be made in cooperation with the Master

2.6 Living and Working Conditions for Scientific Personnel

a. Liquor or Illegal Drugs. During the cruise period, the possession or use of intoxicating liquor and or illegal drugs by any person aboard the vessel is not permitted, and may be grounds for termination of the contract by the Government.

The Contractor shall comply with the requirements to maintain a Drug Free Workplace contained in FAR 52.223-6.

b. Firearms. During the cruise period, all firearms, should any be onboard, shall be kept under lock and key by the Master.

c. Smoking. Smoking shall be prohibited in all interior spaces occupied by or utilized by the Scientific Field Party. Smoking on deck shall be in designated areas only.

d. At no time during the vessel charter period which includes staging and destaging in-port times, shall any member of the scientific party or crew be subjected to or take part in, any acts of discrimination based on sex, disability, race, color, ethnic nationality, sexual orientation or gender identification. This includes discriminatory comments, jokes, propaganda or harassment whether directly or indirectly involving a member of the scientific party or crew member.

e. Pornographic Material: All pornographic material, such as magazines, movies, calendars, etc. shall be removed from all public/common areas on board the vessel during the duration of the vessel charter period.

f. Water intended for personal use and consumption that is taken, produced, or stored aboard the vessel shall be handled in accordance with applicable regulations. Evidence of bacteriological and chemical testing of shipboard potable water taken from the vessel’s storage tanks via the vessel’s distribution system by a certified laboratory within three months of the charter period shall be provided. Potable water shall be tested and treated to maintain a pH of 6.8 to 7.8 and a residual halogen content of 0.2 ppm to 2.0 ppm free available chlorine (or equivalent) weekly. Water should be free of tastes, odors, and turbidity that would be objectionable to the majority of those on board.

2.7 Passengers

The Contractor shall not permit any passengers to be transported aboard either vessel for any reason without specific approval of the COTR. This restriction applies to Government employees, Contractor’s employees who are not crewmembers, Scientific Field Party personnel not assigned to the Scientific Field Party and the general public.

2.8 Security

The vessel shall provide a security watch while in port to ensure that unauthorized personnel are not permitted to board the vessel from shore or via the harbor.

Emergency phone numbers for local port officials and law enforcement shall be available to the person on watch. Best marine practices shall be in place while underway to ensure that unauthorized personnel or craft are not permitted to approach the vessel. The Master of each vessel shall take all additional customary and reasonable precautions to ensure that no harm befalls the vessel while in port and at sea.

3.0 VESSEL REQUIREMENTS

3.1 Minimum Vessel Specifications

1) The vessel must be capable of safely trawling on the continental shelf of the

Northwest Atlantic in water depths of 5-100 fathoms.

2) The vessel shall have been actively used for commercial trawling or research where trawl gear was used in the past 12 months

3) The vessel must be able to tow the NEFSC survey bottom trawl gear, rigged with 16 inch rockhopper ground-gear, continuously for 30 minutes under all weather conditions. Typically this will require a minimum continuous horsepower of 400 or greater.

4) The vessel must be able to maintain a minimum cruising speed of 8 knots in low sea states.

5) The vessel must be completely rigged for trawling including:

a. A stern ramp and gallows or gantry.

b. At least one net reel; 2 net reels are preferred and preference will be given to vessels that can tow two trawls simultaneously (twin-trawl).

c. Split trawl winches with a minimum of 400 fathoms of trawl wire in good condition and free of signs of excessive wear (frayed, broken strands, excessive corrosion etc.).

d. The ability to accurately measure the length of trawl wire deployed.

6) The vessel crew must be able to safely and consistently set and haul the research utilizing restrictor ropes.

7) A well-lit, sheltered deck area clear of obstructions of at least 100 ft2 for use by scientific crew.

8) Electrical power outlets available to work area.

9) The ability to efficiently discard fish overboard. A conveyor system allowing efficient discard is preferred.

10) A dry storage area for scientific supply storage of at least 150 ft2.

11) Sufficient capacity on deck or in hold to store at least one backup net, codend and sweep sections.

12) A suitable, dedicated, dry counter area on the bridge large enough to accommodate one computer and monitor with adjacent 110/115 volt power outlets for collection of vessel sensor data.

13) One (1) dedicated, clean, sanitary, and sufficiently ventilated berth with mattress shall be provided for each of 5 scientists. Bunk areas for scientific crew shall contain at least one drawer or closet per occupant for storage of clothing and personal gear. It is preferred that each crew member has a dedicated berth as well.

14) A minimum of one head, one shower and sink with hot water that is available to scientific crew.

15) Fresh water supply adequate for 10 people for 12 days (minimum 2,000 gal).

16) Sufficient potable water for 10 people for 12 days.

17) Mess facilities for concurrent seating of 5 people.

3.2 Electronic and Communication Equipment Requirements

1) Radios:

a. VHF (minimum 2)

b. Single side-band

2) Radar (2 units with minimum range 40 nm)

3) GPS (minimum 2 units)

4) Plotters with capability of plotting input from GPS

5) Depth sounders (minimum 2, multiple frequencies preferred)

6) Email capability

7) Weather FAX capabilites desirable but not required

8) Functioning acoustic trawl mensuration system capable of accurately measuring and reporting door spread, net spread and headrope height in real time.

3.3 Crew requirements

1) The Captain shall have a minimum of three years of bottom trawl fishing experience as Master of a comparable-sized trawler in north Atlantic waters, and at least five years total fishing experience as a Master.

2) The Captain shall be competent in the use of modern navigational and fish-detecting equipment and be skilled in the rigging and repair of bottom trawls.

3) At least two other members of the crew shall have a minimum of three years experience in otter trawl fishing and demonstrated experience in building, rigging, repairing and operating bottom trawls. They must possess demonstrated competence for repairing damaged trawls to their original specifications based on a net plan.

4) One crewmember must be designated as the cook. The designated cook should have adequate experience in the planning and preparation of three daily meals at sea for groups of 10 people.

5) Offerors shall include documentation indicating pertinent employment experience for each crew member indicating the requisite experience. Similar documentation will be submitted to the Contracting Officer’s Representative for approval of all replacement personnel propose for hire during the charter.

3.4 Safety

The Contractor shall provide documentation that a USCG Fishing Vessel Safety Inspection has been passed within one year of the start of the cruise. The vessel shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations, Part 28.

The vessel shall be outfitted with personal floatation devices and survival craft of sufficient number and capacity to accommodate all on board including visiting scientific party and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. There shall be two identified escape routes from all general areas.

A navigational watch shall be maintained at all times while the vessel is at sea.

No crew member shall be required to work continuously in excess of 12 hours at any given time on any given day. Under normal operating scenarios, all crew members shall be provided at least two rest periods per 24 hour period, one of which must be at least six continuous hours in duration. Aboard a vessel employing a one-person bridge watch, a tamper resistant audible watch or bridge alarm in the wheelhouse is required with an activation cycle not to exceed 15 minute intervals during the charter.

The vessel must have an emergency source of electrical power, independent of the main source of electrical power, to provide power to emergency loads in accordance with USCG or SOLAS requirements for a vessel of its size, type, and service. At a minimum, the chartered vessel shall have a means to provide emergency power to the following equipment: emergency lighting, navigation equipment, navigation lights, general alarm systems, and emergency communication systems and equipment. The emergency source of electrical power must be capable of supplying connected emergency loads continuously for at least three hours and must be located in a space or locker other than the engine room. Batteries of sufficient size and capacity may serve as an adequate source of emergency power.

Survival suits for the ship’s crew must be provided by the Contractor; the scientific party will provide their own survival suits. The Government reserves the right to inspect the vessel for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the research cruise. A thorough pre-cruise orientation aboard the vessel shall be conducted for the scientists and crew regarding the vessel’s safety, firefighting and lifesaving capabilities assigned responsibilities and procedures.

3.5 Stability

The vessel shall be of a design and shall be operated and maintained in a condition that warrants it seaworthy and stable in accordance with the American Bureau of Shipping’s Guide for Building and Classing Fishing Vessels and the 46 CFR, Part 28, Subchapter E as applicable, taking into consideration itinerant loads identified herein.

All vessels chartered by NOAA shall have stability information and instructions derived based on tests and calculations, in a format required by regulation applicable to the vessel’s size, type, and service.

The vessel shall have, as a minimum, a Stability Letter that reflects the vessel’s current configuration and intended service, signed by a qualified individual (a recognized naval architect or naval architecture firm having been trained in and having experience in matters of stability calculations) certifying that the vessel meets intact stability requirements, taking into account the loading, over-the-side lifting, and at-sea conditions under which the vessel will reasonably be expected to operate during the charter. The stability letter shall contain instructions and guidance for the vessel’s operating personnel intended to maintain satisfactory vessel stability and shall include information regarding loading constraints and operating restrictions under varying conditions. Vessels 79 feet or less, for which regulatory stability evaluation criteria is not available or applicable, must provide evidence that stability has been evaluated by a qualified individual using best available data in lieu of an official Stability Letter required by regulation.

All vessels chartered by NOAA shall have and shall maintain stability information aboard the vessel. All vessels chartered by NOAA shall be operated in accordance with the vessel’s stability instructions and guidance.

3.6 Material Condition, Structural and Watertight Integrity

The Contractor shall provide one or more of the following, reflecting the vessel’s current configuration, as evidence of the vessel being maintained in a seaworthy condition: evidence of a dry dock survey, or underwater survey in lieu of drydocking, and an internal structural examination within the two years prior to the initiation of the cruise; or proof of satisfactorily passing an inspection completed by the Contractor’s marine insurance carrier within one year of initiation of the cruise. The Government reserves the right to inspect the vessel’s material condition with respect to maintenance of vital systems, vessel configuration, and watertight integrity prior to award and commencement of the cruises.

3.7 Regulatory Compliance

The vessel shall be outfitted, operated and maintained to meet all applicable federal, state and local environmental, health, safety and pollution control regulations. The Contractor shall have on board during the currency of this contract all certificates, records and other documents required by applicable laws and regulation including a “Certificate of Financial Responsibility” meeting requirements of the U.S. Coast Guard for vessels over 400 tons. Vessels must not have any current operator or vessel permit sanctions.

3.8. Reimbursable Supplies - FUEL

(a). The vessel’s fuel tanks shall be topped-off at the beginning and end of each leg. The Government shall reimburse the vessel for the cost of fuel used during a trip, in addition to the daily vessel cost. The Government will reimburse the Contractor only for the actual price paid for fuel. Reimbursement will be provided upon receipt of a copy of the paid invoice attached to a contractor invoice for those services. Payment may only be made to the Contractor of the vessel charter. A Government representative and a vessel crew member shall, together, verify the volume of fuel on board at the beginning of the charter and the end of the charter, in order to ensure the Government pays for no more or less fuel than the performance of the charter requires.

(b). When the Contractor expects total funding expended to reach 85 percent of the total funds available for fuel, the Contractor shall notify the COTR and Contracting Officer within one day. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding available for fuel. The Government is not obligated to reimburse the Contractor for fuel in excess of the funded amount stated in the schedule.

4.0. Deliverables

Following is a schedule of administrative deliverables required during the period of performance of this contract:

Item Description Quantit y Due Date Delivery to Reference

Structural Inspection Verification 1 EA

With Quote COR/CO

SOW, Para 3.6

Additional $5 million Insurance Rider for period of at-sea work 1 EA

Prior to Cruise COR Section II.12

0003 Data Waiver 1 EA With Quote CO

SOW, Para 2.2

Stability Letter, if applicable 1 EA

With Quote CO

SOW, Para 3.5

CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR)(Apr 2010)

(a) Robbin Sowieja is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at:

Northeast Fisheries Science Center 166 Water St.

Woods Hole, MA 02543 Robbin.sowieja@noaa.gov

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor

(End of clause)

CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property listed in Attachment A to the Contractor. The Contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of the “Government Property” clause included in this contract.

Item No. Description Delivery Date 1 Research Permits Prior to Cruise 2 Fishing Nets Prior to Cruise

Scientific Sampling and Recording Equipment Prior to Cruise