1305M2-18-R-NFFN-0002.pdf

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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

1 72

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

1305M2-18-R-NFFN-0002

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

July 16, 2018

6. REQUISITION/PURCHASE NUMBER

NFFN7300-17-00187

7. ISSUED BY NOAA/EAD

AJ930073 8. ADDRESS OFFER TO (If other than Item 7)

Contract Specialist, Julia Klotz

200 GRANBY STREET, SUITE 815

NORFOLK VA 23510

TEL: (757) 441-6577

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

SOLICITATION

9. The proposal shall be submitted to the address in Block 7, Attn: Julia Klotz, no later than 12:00 PM EDT TBD on August 16, 2018

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION CALL

A. NAME

JULIA KLOTZ

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

JULIA.CALLAHAN@NOAA.GOV AREA CODE

NUMBER

441-6577

EXT.

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGES(S) (X) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 29-50

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3-14 X J LIST OF ATTACHMENTS 51

X D PACKAGING AND MARKING 15 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 16

X

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

52-63

X F DELIVERIES OR PERFORMANCE 17-19

X G CONTRACT ADMINISTRATION DATA 20-21 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 64-69

X H SPECIAL CONTRACT REQUIREMENTS 22-28 X M EVALUATION FACTORS FOR AWARD 70-72

OFFER

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT

FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 3304(a)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. (Must be fully completed by offeror)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c) mailto:JULIA.CALLAHAN@NOAA.GOV

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SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. CONTRACT TYPE

This is a single award Indefinite Delivery-Indefinite Quantity (IDIQ) contract with a sixty (60) month ordering period that begins with date of award. This ordering period may be extended by an additional six (6) months under the Option to Extend

Services Clause, FAR 52.217-8. The Task Orders will include Time-and-Materials line items.

B.2. SCHEDULE OF ITEMS

Contractor's rates shall be fully burdened, that is inclusive of all wages, fringe benefits, overhead, general and administrative expenses, and profit.

See Attachment 1: Pricing Schedule

B.3. PAYMENT DESCRIPTION

B.3.1 TRAVEL

Reimbursement is authorized only for actual travel of Observers, including the Observer hourly rate associated with trainings and vessel deployment, vessel cancellations at the dock, and other work required under this contract (C.4.3.4, C.4.3.5).

B.3.2 HOURLY RATE

Reimbursement is authorized for the Observer hourly rate for vessel deployments, training, outreach events, time associated with “no-show” trips, and cancellations.

B.4. COMMERCE ACQUISITION REGULATIONS (CAR) 1352.216-75 MINIMUM AND MAXIMUM

CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government anticipates placing orders totaling a minimum of $25,000.00. The amount of all orders shall not exceed [To be determined at Award].

B.5 CAR 1352.216-77 CEILING PRICE (APR 2010)

The ceiling price of this contract is [To be determined at Award]. The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk.

(End of Clause)

END OF SECTION B

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SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

SOUTHEAST FISHERIES SCIENCE CENTER OBSERVER PROGRAM SUPPORT SERVICES

C.1. BACKGROUND OVERVIEW

The NOAA mission is to understand and predict changes in the Earth’s environment and conserve and manage coastal and marine resources to meet our Nation’s economic, social, and environmental needs. NOAA NMFS supports the overall

NOAA mission by focusing on stewardship of living marine resources through science-based conservation and management and the promotion of healthy ecosystems.

NMFS is responsible for the management, conservation and protection of living marine resources within the United States

Exclusive Economic Zone (EEZ). NMFS also plays a supportive and advisory role in the management of living marine resources in coastal areas under state jurisdiction. It provides scientific and policy leadership in the international arena, and implements international conservation and management measures as appropriate.

Under this mission, the goal is to optimize the benefits of living marine resources to the Nation through sound science and management. This requires a balancing of multiple public needs and interests in the sustainable benefits and use of living marine resources, without compromising the long-term biological integrity of coastal and marine ecosystems.

Many natural and human-related factors affect the status of fish stocks, protected species and ecosystems. Although these factors cannot all be controlled, available scientific and management tools enable the agency to have a strong influence on many of them. Maintaining and improving the health and productivity of these species is the heart of the NMFS mission.

These activities will maintain and enhance current and future opportunities for the sustainable use of living marine resources as well as the health and biodiversity of their ecosystems.

The NMFS Southeast Fisheries Science Center (SEFSC) conducts scientific research in the Southeast Region and

Northwestern Atlantic Region to support the NMFS mission. The Southeast Region extends from North Carolina to Florida

(South Atlantic), from Florida to Texas (Gulf of Mexico), and Puerto Rico and Virgin Islands (Caribbean). For Highly

Migratory Species (HMS), activities may occur anywhere in the northwestern Atlantic. The SEFSC is composed of several laboratories, including Beaufort, NC; Miami, FL; Panama City, FL; Pascagoula, MS; Stennis Space Center, MS; Lafayette, LA; and Galveston, TX.

C.2 OBSERVER PROGRAM OBJECTIVES

NMFS has an extensive program to monitor and observe living marine resources and associated communities to provide information on biota, their habitats, and the human activities and actions that may impact coastal and ocean ecosystems. Data are the foundation of scientific advice, which provides information to management to support decision-making. A more consistent flow of high quality, credible information is required to improve decision-making. To collect the quantity and quality of data necessary, NMFS intends to continue to improve upon its capacity to conduct surveys and to conduct research and studies for better understanding of ecosystems. These efforts rely on extensive collaboration with fisheries participants and other stakeholders in the living marine resource decision process.

Observers are the only robust independent data source for some types of at-sea information such as bycatch composition and mortality, and marine mammal, sea bird and sea turtle interactions. Although vessel self-reporting is often utilized, only limited data collection demands can reasonably be placed on the captain and crew. In addition, the reliability of self-reported information is a concern for scientists and policy makers, who use the data to make fishery management decisions for the purpose of maintaining the nation’s marine resources. While electronic monitoring systems are being developed, these systems may be years away from practical application and are likely unable to completely replace the suite of information that can be collected by a human Observer.

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NMFS is required to collect scientific, management, regulatory compliance, and economic data for fisheries by placing

Observers aboard U.S. domestic fishing vessels. These data cannot be obtained at the dock or on Government research vessels. These data are needed for the management of fisheries occurring in the EEZ and the high seas beyond the EEZ.

Currently, more than 1,025 Observers are deployed in 31 Observer programs most of which are administered through NMFS

Fisheries Science Centers. The NMFS Observer programs are typically authorized by the Magnuson-Stevens Act, the Marine

Mammal Protection Act, and the Endangered Species Act. The SEFSC currently conducts Observer programs in the

Northwestern Atlantic, Gulf of Mexico and Caribbean with over 100 Observers deployed in the programs. Specific Observer programs include the following:

Southeast Shrimp Trawl Observer Program – Year round program to collect Observer data in the South Atlantic and

Gulf of Mexico on shrimp otter trawls (including rock shrimp), skimmer trawls, and other fixed gear.

Atlantic Pelagic Observer Program– Year round program to collect Observer data in the Northwestern Atlantic, Gulf of Mexico, and Caribbean pelagic fisheries, including pulsed and experimental effort. Gear types include, but are not limited to: longline, green stick, purse seine, and buoy gear.

Southeast Shark and Coastal Gillnet Observer Program – Year round program to collect Observer data on Southeast shark and coastal teleost gillnet fisheries.

Southeast Shark Bottom Longline Observer Program – Year round program to collect Observer data on US South

Atlantic and Gulf of Mexico directed large coastal shark bottom longline fisheries.

Gulf of Mexico Reef Fish Observer Program – Year round program to collect Observer data on all fishing gears targeting reef fish.

US south Atlantic Reef Fish Observer Program – Year round program to collect Observer data on all fishing gears targeting reef fish in the US south Atlantic.

Gulf of Mexico Menhaden Observer Program – Conducted from April through November to collect Observer data on menhaden fisheries (voluntary).

Platform Removal Observer Program (PROP) – Year round program to protect sea turtles and marine mammals from underwater explosives used to remove oil and gas platforms in the Gulf of Mexico. This program is not completely comparable to the other SEFSC Observer programs, which monitor fisheries operations. Where this distinction creates operational differences, they will be noted below.

The SEFSC conducts these programs through 3 different facilities (Miami, Panama City, and Galveston), and 4 different

Federal Task Managers.

C.3 SCOPE AND OUTCOMES

The Contractor shall provide and retain the necessary qualified personnel, material, services, and facilities (except as otherwise specified) to perform quality environmental, biological, and fisheries operations data collection, data analysis, and information dissemination for SEFSC Observer programs. Data quality is of the utmost importance. Quality data collection, analysis, and dissemination are expected to increase the critical information gathered for stock assessments to manage South

Atlantic, Gulf of Mexico, and Caribbean species and to protect sea turtles and marine mammals from underwater explosives used in the Gulf of Mexico and adjacent waters.

This SOW defines the requirements and services necessary to provide program continuity, integrity, and productivity.

C.3.1 Policies and Regulations

In addition to the Federal Acquisition Regulation (FAR) clauses referred to and listed in Section I of this Request for

Proposal (RFP), the Contractor shall comply with the Federal Regulations, Acts, Executive Orders, Special Publications, Guidelines, NOAA Directives and Policies and standards listed below. This listing is not all-inclusive and is not intended to relieve the Contractor of its responsibilities for identification of applicable statutes, regulations and procedures and compliance therewith, when performing work under the SOW.

Magnuson-Stevens Fishery, Management, and Conservation Act (MSA)

Marine Mammal Protection Act (MMPA)

Endangered Species Act (ESA)

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Data Quality Control Act (P.L. 106-514)

Information Technology Security Policy

Fisheries Management Plans (FMP)

Biological Opinions (BO)

Take Reduction Teams (TRT)

NOAA Safety Standards

Fair Labor Standards Act (FLSA)

Service Contract Act (SCA)

Department of Labor Wage Determinations

Applicable Federal and State labor laws

Observer Health and Safety regulations

Federal, state, and local safety regulations

Merchant Marine Act (Jones Act) and General Maritime Law

U.S. Longshore and Harbor Worker’s Compensation Act

National Defense Authorization Act

The Contractor shall submit a National Observer Safety Program Compliance Action Plan to the CO and COR at proposal submission and within 7 calendar days after contract award. Updates to the plan are required to be submitted to the CO and

COR within 30 days after official notification of changes to policies or procedure by the National Observer Program.

C.4 PERFORMANCE

C.4.1 MANAGEMENT REQUIREMENTS

C.4.1.1 Project Management

The Contractor shall perform all Project Management functions including contract, technical, personnel, administrative, logistic, quality, business, and other management functions that are necessary to execute the total effort required by the SOW.

The Contractor shall provide all personnel and other resources, except as otherwise specified in the SOW, necessary to accomplish these functions. The Contractor shall effect these management functions through an integrated management approach, including cost, schedule, and technical performance within an acceptable project management framework (e.g., Project Management Institute (PMI)). The Contractor shall develop and submit to NMFS a Project Management Plan (as further defined in Section L) for approval that details how the Contractor shall manage the contract, the Observer Programs, and the task orders. The Contractor shall update the Project Management Plan, if needed, and submit the updated plan annually to NOAA within 30 days after the contract anniversary date.

C.4.1.2 Project Manager

The Contractor shall assign a Project Manager to be the focal point for communications between NMFS and the Contractor.

The assigned Project Manager shall be designated as Key Personnel for this contract per Section H. The Project Manager shall be responsible for managing personnel resources such that emergencies and other short term ad hoc requirements are responded to without disruption and/or degradation of other services, this person ensures all key personnel attends and completes trainings as needed. The Project Manager shall collaborate and communicate with all parties (Government and vessel owners/industry representatives) as necessary to resolve issues at the lowest possible level.

The Project Manager shall have the authority to represent the Contractor on all issues related to the contract.

C.4.1.3 Coordinators

The Contractor shall assign coordinators as needed to coordinate Observer deployment and provide Observer support services. All coordinators are required to maintain current Observer certification. All Coordinators shall ensure that all contractor personnel attend any refresher trainings for Observers.

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C.4.1.4 Management Reporting and Coordination

The Contractor shall prepare and submit to the Contracting Officer (CO) and Contracting Officer Representative (COR) a monthly Status Report on all Task Orders that provides monthly information on project status to include monthly, year-to-date, and contract award-to-date financial expenditures, any problems or issues encountered, and other information as may be requested by the COR. An example monthly Status Report shall be included at proposal submission. The monthly Status

Report shall be submitted within 15 calendar days from the last day of the previous month.

Upon award of the contract, the Contractor shall provide the CO and COR with written documentation of their formal process which enables Observers to communicate any concerns they may have regarding Observer programs. In addition, the

Contractor shall provide a quarterly field work summary report from the coordinators, which provides field activities, fishing effort, sea day accomplishment, issues with sea day achievements, and Observer deployments. The report shall be provided within 30 days from the last day of the last month of each quarter. The Contractor shall also provide all vessel contact information to NMFS upon request.

The Contractor shall develop and implement Observer deployment guidelines for the Observer programs. The guidelines for the fishery Observer programs may be different from the PROP and they must be submitted to the CO and COR for review and acceptance within 15 working days after award of the contract.

C.4.1.5 Performance Management

The Contractor shall manage the contract to meet the performance measures specified in Section F. The Contractor shall measure the appropriate metrics, as defined in Section F and report the results in accordance with Section F.

C.3.1.6 Quality Control Management

The Contractor shall develop and submit to the CO and COR a Contractor Quality Control Plan at proposal submission. The

Quality Control Plan shall include details of how the Contractor shall ensure effectiveness and efficiency of data collection efforts as well as the quality of data collected by its Observers. The Contractor shall further establish, implement, and maintain a Quality Control Program to ensure consistent quality of all work products and services performed under the contract and establish a routine, transparent, and consistent process to monitor Observer performance for both trainings and deployments. The Contractor shall update the Quality Control Plan as needed, and submit the updated plan annually to

NOAA within 30 days after the contract anniversary date. The Quality Control Plan must be approved by the CO.

C.4.1.7 Emergency Action Plan

The Contractor shall develop and submit an Emergency Action Plan (EAP) to the CO and COR at proposal submission, and shall update it annually within 30 days after the contract anniversary date, or more frequently if necessary. The EAP shall outline how the Contractor shall respond to an emergency, including points of contact, protocols, guidelines, timelines, methods of communication, after action reports, and a mechanism for reviewing protocols following an emergency. The

EAP shall be designed to be used for all types of emergencies.

C.4.2 OPERATIONAL REQUIREMENTS

Observers shall be deployed, in accordance with sea day schedules or other effort measures developed by NMFS or the

Contractor, to vessels, which may use any of several types of fishing gear or, in the case of the PROP, vessels which perform oil field or explosives-related work. Examples of the types of gear include, but are not limited to, gillnets, trawls, and longlines. Due to availability of funding and changes in the fishery management, such as emergency closures, court ordered closures, weather, and unforeseen events, deployment scheduling must remain flexible. Additional Observer programs, special projects, and sea days may be added to the contract or task orders within the scope and maximum allowable funding ceiling.

If the Contractor is unable to meet the total tasked sea days/trips/hauls for any given calendar quarter, the Contractor shall notify the CO and COR and provide a plan on how it will increase accomplishments immediately. The Contractor shall notify the CO and COR and provide a mitigation plan within one (1) month before the calendar quarter ends. If the

Contractor is unable to complete all of the assigned tasked days at the end of a calendar quarter, the Contractor shall submit a

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COR, within 30 days after the quarter ends.

The following items define the operational services to be provided by the Contractor under the contract.

C.4.2.1 Recruitment and Retention Requirements

The recruitment and retention of fully qualified Observers is essential to successful performance under the contract. The

Contractor shall develop and submit with its proposal an Observer Recruitment and Retention Plan (as further defined in

Section F). The Contractor shall update the Observer Recruitment and Retention Plan as needed, and submit the updated plan annually to NOAA within 30 days after the contract anniversary date.

Observers shall be employees of the Contractor or Subcontractor. The Contractor shall provide sufficient qualified Observers to complete the sea day coverage requirement for task orders by selecting the best candidates. All New Observer recruits shall pass the required training course (including safety training) and the required physical examination (further described in

Section J, Attachment 2) and complete any required probationary trips as identified by the COR and Federal Task Manager.

If a trainee is unable to successfully complete any of the trainings, background checks, or physical examinations, the

Contractor shall not be compensated for any costs associated with such requirements. The same requirements to pass initial training and physical exams will be applied to refresher trainings (as required; excluding the PROP) and subsequent physical examinations (yearly). The Contractor shall manage its Observers to retain both Experienced Observers and New Observers.

For fisheries Observers (excluding the PROP), the Contractor shall develop and use a rotational deployment system, which provides fair and equitable deployments among Observers in addition to the need to properly use funding. The Contractor shall implement a systematic employee performance evaluation program.

C.4.2.2 Qualifications and Eligibility Requirements

Collecting fisheries characteristics catch and bycatch data during commercial fishing operations and collecting protected species data during platform removals and other underwater explosive activities requires speed and accuracy. Observers must possess basic computer and mathematics skills. Observers must possess the minimum educational and experience requirements and specific psychological and physical qualities cited in Observer Eligibility, Section J, Attachment 2 in order to perform duties described by the Labor Category Classifications and Job Descriptions, Section J, Attachment 3.

Observers shall be capable of identifying the majority of fish, sea turtle, and other resources caught on marine commercial fishing vessels in the Southeast U.S. Offshore experience is strongly preferred.

C.4.2.2.1 Non-Conflict of Interest

The Contractor shall certify in writing to the CO and COR that the Observer has no conflict of interest in conducting the requirements outlined in this document. The Contractor shall notify the CO and COR immediately of any updates to the certification document. See Section H.12.

C.4.2.2.2 Physical/Medical Condition

The COR and Federal Task Managers shall receive proof of medical clearance from the Contract Project Manager prior to the

Observer’s first deployment and on an annual basis thereafter. This proof of medical clearance shall show they meet physical standards and acknowledge the risks of conducting the requirements outlined in this document. The Contractor shall immediately notify the COR and Federal Task Manager of medical emergencies that may affect Observer deployment. See

Section H.17.

C.4.2.2.3 Communication Skills

Observer candidates must be able to clearly and concisely communicate, verbally and in writing, in English.

C.3.2.2.4 Citizenship or Ability to Work Legally in the United States

Observers must be a U.S. Citizen, or a non-citizen who has a green card, TN Authorization, H1 visa, or valid work visa, and a social security card.

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C.4.2.2.5 Statement of No Criminal Conviction

The Contractor shall certify that the Observers have no criminal conviction history.

C.4.2.2.6 Cardiopulmonary Resuscitation (CPR) and First Aid Requirements

The Contractor shall ensure Observers obtain and maintain current certification for CPR by the American Red Cross or

American Heart Association (AHA) or other as approved by the COR. Approved CPR certification must include “hands on” training. Completion of a basic First Aid class is also required before the start of training. A copy of CPR and First Aid certification(s) for all Observers shall be provided to the Federal Task Manager and the COR at least fourteen (14) calendar days prior to the first day of training and annually thereafter.

C.4.2.2.7 Observer Standards of Conduct

At sea, Observers work in a self-supervised capacity and shall maintain high standards of conduct. Observers shall maintain a professional, objective demeanor at all times. Observers may be subject to a drug test by their employer or the U.S. Coast

Guard (USCG) as a result of an investigation. Observers should not volunteer or agree to drug tests at the request of a fishing owner or operator. Observers shall comply with these standards and those set forth in the Standards of Conduct (Section J, Attachment 4, Observer Standards of Conduct).

C.4.2.3 Duties and Data Collection Requirements

(a) The Contractor shall collect scientific, management, compliance, economic, and other data at sea through interviews of vessel captains and crew; observations of fishing operations; sampling catch; photographic images and video; recording fisheries and International Convention on the Prevention of Pollution from Ships (MARPOL) violations; measuring selected portions of the catch and fishing gear, collecting samples, and visual surveys for protected species from both vessels and aircraft. Observer coverage is mandated by a number of statutes and is an integral part of the regulations.

These authorities empower the Observer to perform certain functions aboard vessels as well as afford protection to the

Observer against interference and intimidation in the course of performing his/her duties.

(b) The Contractor shall ensure the Observer does not interrupt a vessel departure when adequate time has been offered for travel. Observers are requested to arrive at a vessel with enough time to adequately and safely conduct a safety checklist and walkthrough.

(c) The Contractor shall collect biological samples from the catch and bycatch of fisheries according to detailed procedures outlined in programmatic Observer manuals and biological sampling manuals. The biological samples shall be submitted to NOAA within 4 business days of each trip landing. These data include those collected once per deployment;

those collected with each change of fishing gear; those collected at the beginning and end of each tow/set/haul; those collected continuously during the hauling of the gear; and those collected during the deployment cruise. These data are recorded electronically or on data sheets provided by NMFS. For the PROP, data collection includes visual observations of protected species, environmental data, and explosives use.

(d) The Contractor shall collect data on fishing effort, location, and retained catch and bycatch for each gear deployment that occurs while the Observer is aboard the vessel. The Observer Sampling Manuals describe data collection protocols for gear deployment that the Observer sees as well as those not observed.

(e) The Contractor shall collect length measurements and biological samples from segments of the catch and bycatch.

Observer protocols, priorities, and data/sample collection procedures are detailed in materials provided to Observers by

NMFS.

(f) The Contractor shall collect information on any incidentally captured protected species, including, but not limited to, location of take, biopsies, measurements, photos, and any other information required by the SEFSC. When protected species are caught, the primary responsibility of the Observer shall be to observe and document the handling and release of the protected species, unless specified otherwise in materials provided to Observers by NMFS.

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(g) The Contractor shall participate in all training, briefings and debriefings as required by the Federal Task Managers.

Debriefing of the Observer ensures that the data are complete and as accurate as possible before computer audits are run.

Debriefing also provides immediate feedback to the Observer in the field and errors can be corrected immediately.

Debriefings shall occur on a regular basis and as frequently as possible.

Debriefings shall consist of 1) reviewing sampling methods and answering Observer questions; 2) reviewing preliminary data; 3) correcting any data errors; 4) reviewing any other past errors or changes in sampling techniques or recorded on forms; 5) reviewing any logistical problems or concerns encountered by the Observer; and 6) providing the Observer with any updates on modifications to sampling procedures or other program information. For the PROP, debriefing consists of completion of a debriefing form and an informal interview.

The Observer shall turn in all completed forms, film, pictures, and/or electronic/digital images, and samples and request or exchange gear and other supplies at the time of the debriefing. All information (including trip or vessel related data collected on paper or electronic media not supplied or required by NMFS) collected by the Observer during the trip is the property of NOAA Fisheries and shall be submitted to NOAA within 4 business days of each trip landing. Every

Observer shall have a final debriefing at the close of the fishing season or at the end of the Observer’s deployment.

(h) At the completion of an Observers’ deployments on a single vessel (there may be multiple deployments on a single vessel), the Observer shall be required to complete a vessel survey and provide this information to NMFS. The vessel survey asks questions regarding the accommodations, food, sampling station and other data collection activities. The vessel survey may be part of the debriefing process.

(i) An Observer who encounters captains or vessel owners operating in fisheries requiring mandatory Observer coverage who refuse to accept them on their vessel for deployments shall provide documentation of the refusal to the Project

Manager, and the Project Manager shall provide to the Federal Task Manager. The NMFS Program Manager shall notify the COR as soon as possible after the event. This documentation shall be of sufficient substance and detail to be usable for NMFS enforcement actions. Narrative shall be provided to completely answer the following guideline questions:

who, what, when, and where. Similar documentation is needed for Observers who turn down a vessel, after travel to a location, for any reason.

(j) Observers shall be required to complete and sign an affidavit after each trip that documents any fisheries or MARPOL violations that were observed during the trip, or the absence of such observations. This affidavit shall be of sufficient substance and detail to be usable for NMFS enforcement actions. Narrative shall be provided to completely answer the following guideline questions: who, what, when, and where. Observers may be requested to provide additional information by the request of NMFS (including OLE), and in rare cases requested or subpoenaed to appear in court.

(k) The Contractor shall be required to perform various Observer program support tasks (e.g. industry outreach activities and research support). The Contractor shall invoice NMFS separately for these costs as communicated to the Contractor

Project Manager by the COR.

(l) The Contractor shall enter and manage data as required in coordination with the Federal Task Managers. Submission of

Observer data shall be as specified within the contract. The Contractor shall work with the Federal Task Managers to establish the appropriate means to transfer the electronic data to the Federal Task Managers and/or to establish a shared network database.

C.4.2.3.1 Data Quality Control

Data shall be collected and maintained in accordance with Contractor’s Quality Control Plan, as approved by the CO.

The overall goal of quality control is to ensure the effectiveness and efficiency of collection efforts as well as the quality of data collected. Data quality and confidentiality is of utmost importance. As such the Contractor must ensure the highest quality in data collected by its Observers and have procedures in place to protect the confidentiality of information collected by Observers.

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C.4.3 LOGISTICS AND OPERATIONAL SUPPORT SERVICES

C.4.3.1 Logistic and Operation Support for Observer Deployment

The Contractor shall provide complete logistical and operational support for Observers. Such support shall include, but is not limited to, training and travel to land-based assignments and vessel deployments. The Contractor shall submit a complete list of Observer names and contact information to the COR and Federal Task Manager within 7 calendar days of contract award.

The contractor shall immediately provide updates on Observer contact information or change in work status.

The Contractor shall make Observers available to NOAA or other agency’s Law Enforcement or General Counsel staff for the purposes of investigating circumstances of alleged refusals by vessels to take an Observer or other violations of the

Magnuson-Steven Fishery Conservation Act (MSA), Marine Mammal Protection Act (MMPA), Endangered Species Act

(ESA), Marine Pollution (MARPOL), and/or other regulations recorded by the Observer in the course of his/her duties.

C.4.3.2 Training

Observer candidates shall undergo a training session with NMFS and shall be tested prior to deployment at sea. Candidates must demonstrate their potential to collect accurate field data, and react to unfamiliar situations at sea in a professional manner. NMFS personnel as well as specialists in other areas, such as vessel safety, shall conduct examinations. Refresher training sessions or briefings (as appropriate) will be conducted by NMFS when data logs or protocols change or when there has been over 6 months service interruption for the Observer.

The Contractor shall submit to the COR, at least ninety (90) calendar days (unless an exception is granted by the CO) before the beginning of each training event, the following information to initiate background investigations:

List of the selected candidates’ names (full legal spelling).

Documentation of past work history under NOAA contracts, if applicable

The Contractor shall submit to the COR and Federal Task Manager, at least thirty (30) calendar days before the beginning of the training event, the following information as referenced in Section F.3.12:

Updated list of candidates

Medical report for each candidate substantiating the individual’s medical clearance for the position

The Contractor shall submit to the COR and Federal Task Manager, at least fourteen (14) calendar days before the beginning of the training, the following information as referenced in Section F.3.13:

Final list of candidates attending upcoming training session

CPR and First AID Certificate for each candidate

Contact information (name, address, phone number, emergency contact information) for each candidate

The Federal Task Manager will email a training agenda to the Contractor for dissemination to Observer candidates. The CO may require additional information regarding Observer candidates and should be consulted regarding any proposed candidate for which there is some question regarding qualifications. Should substitution of Observers be required, the Contractor shall also provide the substitute’s pertinent information to the COR prior to such substitution. The CO may reject any Observer proposed by the Contractor if his or her qualifications do not meet the qualifications or for any other valid reason (e.g.

banned from performing work under a NOAA contract).

All Observers must successfully complete the approximately 2 to 3 week duration training (including safety training) course provided by the NMFS. Training may be strenuous and may require: swimming, heavy lifting (<50lbs), live fire training, live flare training, marine damage control training, fish necropsying, long periods of classroom work, and other tasks as assigned. Observer candidates must also pass a required physical examination. See Section J, Attachment 2.

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All Observers must successfully complete the approximately 2 to 3 week training (including safety training) course provided by the NMFS. Training may be strenuous and may require: swimming, heavy lifting (<50lbs), live fire training, live flare training, marine damage control training, fish necropsying, long periods of classroom work, and other tasks as assigned.

Observer candidates must also pass a required physical examination. See Section J, Attachment 2.

Requirements will be listed in specific task orders. The Contractor shall provide the status of its completed and in process

Observer training approvals in its Monthly Status Report. An Observer’s first deployments (the specific number of deployments determined by the specific Observer program) and the resulting data shall be immediately edited and approved after each trip by NMFS prior to any further deployments by that Observer. During the Observer’s first deployments (the specific number of deployments determined by the specific Observer program), in order for them to go on their next trip, their data must be received, edited, and the Observer must be “cleared” by the NOAA Observer Program Manager on the quality of the Observer data. This notification will be sent via e-mail to the Observer’s provider. The Observer cannot be deployed until the e-mail notification has been sent by the COR. If the data quality is considered acceptable the Observer will become certified. If the data quality is not considered acceptable, the Observer will not be certified by NMFS at that time.

The Contractor shall track availability of trained and experienced Observers, and provide this information to the COR in planning future training requirements needs.

NMFS will provide Observers who successfully complete training with written documentation that they are trained fisheries

Observers.

Training costs are reimbursable and are intended to include most costs associated with Observer training (both initial training and refresher trainings), including, but not limited to, salary during the training period, per diem (meals & reimbursements and lodging), and miscellaneous equipment for use during training. However, travel and salary associated with attendance at training modules specific to contract company orientation, policy, time reporting, benefits, et cetera are not reimbursable and are borne by the contract company. Per diem and lodging during weekends are reimbursable during trainings that occur over the course of multiple weeks. Weekend Observer labor costs are not covered under reimbursement, unless program specific training occurs on a weekend day and work is actually performed. If training is conducted locally in relation to Observer location, per diem and lodging costs are not reimbursable..

C.4.3.3 Gear Acquisition and Maintenance

The COR shall provide a list of government furnished Observer gear, equipment, and supplies to the Contractor prior to

Observers being deployed. After the government furnished equipment and supplies have been issued to the Contractor, and the accuracy has been agreed to by both parties, the Contractor shall properly maintain the issued gear, equipment, and supplies throughout the Period of Performance of the contract. The Contractor shall provide an annual inventory to the COR by May 15 th of each year or by the date designated by the COR. The Contractor shall be resupplied with equipment and supplies in a routine manner; however, in coordination with the COR, the Contractor shall be responsible for purchasing gear and supplies if unavoidable circumstances make timely resupply impossible. The gear and equipment purchased and charged to the Government in the performance of the contract becomes Government property at the end of the contract. Equipment and gear must be inspected and repaired in accordance with manufacturers specification as needed and at a minimum of once per year. Replacement gear acquired by the Contractor must be of the same quality as the originally provided gear. Observer gear and Contractor’s tracking and maintenance of such gear is subject to periodic audit by the Government. The

Government retains the right to modify gear specifications and requirements to meet research collection needs. Replacement costs for lost or damaged equipment (other than normal wear from usage) is the responsibility of the Contractor.

C.4.3.4 Travel and Lodging

The Contractor is responsible for all travel arrangements and expenses, appropriate lodging, and all expenses associated with training, safety meetings, briefings, debriefings, and deploying Observers to assigned vessels. All travel costs and expenses incurred shall be reimbursed in accordance with the Federal Travel Regulations (FTR). Where different methods of travel are available (air, privately owned vehicle (POV), rental car) the Contractor must conduct cost comparisons and select the most economical method of transportation, unless otherwise approved by the CO. These comparisons must be made available to the government at the COR or CO’s request. A Government vehicle may be provided and shall be used for individual task orders when necessary. The Contractor’s staff shall comply with the requirements of the NMFS Vehicle Operations Safety

Policy, document number NMFSPD 35-103, available from the COR. In cases where Government vehicles are not available, Page 12 of 72 - 1305M218RNFFN0002 the Contractor’s staff may use their POV. The Government will reimburse Contractor expenses incurred for all travel and lodging, in accordance with the FTR, through submission of invoices.

The Contractor shall make NMFS aware of any vessel that is delayed for 24 hours or more. Cost comparisons must be carried out to determine if traveling an Observer home is more economical than keeping them in travel status. These comparisons must be made available to the government at the COR or CO’s request.

C.4.3.5 Vessel Safety and Deployment

NMFS will select vessels for deployment. Vessels will be instructed to contact the appropriate NMFS office to discuss any issues surrounding potential deployments as well as the vessel’s upcoming fishing schedule. Once a trip departure date and location have been identified, the Contractor or Observer Coordinator will be notified to provide an Observer. Observers may then communicate directly with Task Order Managers or their staff for vessel briefings. and with the vessels themselves for clarification of any logistical issues. Vessels must be in compliance with the Observer Health and Safety Regulations before an Observer is deployed on board to serve as an Observer. For more information see the National Observer Program’s website at https://www.st.nmfs.noaa.gov/observer-home/. Vessels must also pass a safety checklist that must be completed by the Observer (not applicable for PROP Observers) before the vessel may depart. If the vessel fails to pass the safety checklist, the Observer is required not to sail on the vessel. If the vessel passes the safety checklist and is in compliance with all aspects of the Observer Health and Safety regulations, and the Observer has concerns about the safety of the vessel, the following process will be undertaken. The Observer shall immediately contact their employer and the Task Order Managers.

NMFS and the Contractor shall attempt to remedy the situation in cooperation with the vessel, USCG, and NMFS OLE, as necessary. If after the process is completed the Observer remains concerned about the safety of the vessel, the Observer has a right to refuse to board.

Any refusal to board a vessel after the inspection must be documented and discussed with the Contractor and the Federal

Task Manager. The USCG or the NMFS OLE will determine the appropriate and final course of action, if required. If a refusal occurs after traveling and is for reasons other than time conflict due to delay, safety, or health, the Contractor shall incur the costs of failed deployment.

Fishing and platform removal activities dictate vessel departures and arrivals. Since vessel schedules change, Observers must be prepared for sudden sea assignments (<24 hours’ notice) of extended and uncertain duration.

The Contractor shall assign Observers to vessels without regard to preference expressed by vessel owners or operators with respect to Observer race, gender, age, religion, or sexual orientation. The Contractor shall not consider an Observer’s expressed preference nor shall they assign Observers who are showing symptoms of illness or who may be contagious. In the event that an Observer falls severely ill or injured at sea, and the vessel must prematurely cease fishing to transport the

Observer to port, the Contractor shall propose a plan on how to work out a fair reimbursement for the vessel’s fuel expense

C.4.3.6 Observer Coordination and Program Support

The Contractor shall provide Observer and Assistant Observer Coordinators to assist in conducting the operations of the

Observer Programs. Observer coordination shall include, but not be limited to, maintaining vessel selection lists, notification of vessels, communication with vessels and Observers to coordinate deployments, debriefing Observers, quality controlling data, entry of data, report writing, and data analysis as needed. Observer Coordinators may also serve as trainers, may issue supplies to Observers, conduct outreach operations, and may be deployed as Observers as needed. The Observer Coordinator and Assistant Observer Coordinator may also be required to attend scientific conferences and meetings (e.g. Southeast Data, Assessment, and Review (SEDAR)) to present results of the program and participate and assist in other projects such as training workshops and outreach events.

C.4.3.7 Notification of Potential Infractions

The Contractor shall immediately notify the Federal Task Manager of any potential violation of the Rules and Regulations that implement the Fishery Management Plan under the Magnuson-Stevens Fishery Conservation and Management Act, Marine Mammal Protection Act or Endangered Species Act or any regulations that govern the Observer program, including but not limited to: vessels failing to provide adequate notification prior to departing, failing to take an Observer, incidents of

Observer interference, harassment, or intimidation. NMFS shall ensure that each returning Observer is debriefed for

Page 13 of 72 - 1305M218RNFFN0002 incidents of intimidation, interference, or harassment as soon as practicable after returning from sea. Reported incidents of the vessel failing to take an Observer or incidences of the Contractor failing to handle incidents of interference, harassment or intimidation of Observers will be investigated by NMFS at the discretion of OLE.

C.4.3.8 Vessel Operations and Working Conditions

Most vessel deployments are made from ports located in the South Atlantic and Gulf of Mexico regions. However, some trips depart from northeastern ports and occasionally foreign ports (e.g. Canada, Caribbean Islands); therefore the Contractor, upon request, must provide Observers with passports and vaccinations as necessary. Observers typically travel by POV or other Contractor arranged transportation to meet their assigned boats. Vessel trip length varies depending on the specific

Observer program.

Crew members and Observers live and sleep in cramped quarters, often in damp conditions, sharing toilet and shower facilities when available. Regulations require accommodations for the Observer to be equal to those of the crew. Some vessels have no shower and may lack permanent toilets or bunks. Although vessels may not have separate facilities for women, federal regulations require reasonable privacy for female Observers.