1305M2-19-Q-NFFM0273_Solicitation.pdf

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U.S. Department of Commerce

National Oceanic and Atmospheric Administration Eastern Acquisition Division 200 Granby Street, Suite 815

Norfolk, VA 23510

REQUEST FOR QUOTATION

NATIONAL MARINE FISHERIES SERVICE (NMFS)

NORTHEAST FISHERIES SCIENCE CENTER (NEFSC)

ATLANTIC HERRING FISHERY, ELECTRONIC

MONITORING

1305M2-19-Q-NFFM-0273

July 2019

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NOTICE DATE: July 31, 2019

Response Due: Friday, August 16, 2019 at 12:00 PM EST

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12- Acquisition of Commercial Items and Subpart 13.5-Simplified Procedures for Certain Commercial Items. The synopsis/solicitation constitutes a RFQ and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2019-3 dated 06/12/2019. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier’s acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN

SOLICITATION WILL NOT BE ISSUED.

The National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, 200 Granby Street, Suite 815, Norfolk, Virginia 23510, on behalf of the National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) is soliciting quotes for a Contractor to provide and install Electronic Monitoring (EM) units (video cameras and sensors) on up to twelve (12) commercial fishing vessels.

This RFQ is Total Small Business Set-Aside. The associated North American Industry Classification System (NAICS) code is 541715, Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology), which has a corresponding size standard of 1,000 Employees.

The Government anticipates awarding a Firm-Fixed Price (FFP) contract with a sixteen month period of performance from February 2, 2020 through May 31, 2021.

The Contractor shall be responsible for the installation of equipment, uninstalling of equipment, equipment maintenance, field support, meeting with industry members, stakeholders, and NMFS personnel, conducting outreach, image review, and data analysis summaries.

Attachment 4-Pricing Schedule shall be completed by the Contractor for pricing purposes.

SECTION I

STATEMENT OF WORK

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

NORTHEAST FISHERIES SCIENCE CENTER (NEFSC)

ATLANTIC HERRING FISHERY ELECTRONIC MONITORING

STATEMENT OF WORK

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 Electronic Monitoring (EM) units (video cameras and sensors) on up to twelve (12) commercial fishing vessels. The Contractor shall be responsible for the installation of equipment, uninstalling of equipment, equipment maintenance, field support, meeting with industry members, stakeholders, and NMFS personnel, conducting outreach, image review, and data analysis summaries. The Contractor personnel will be working under the guidance of NMFS staff. The Contractor shall provide initial advice and training on processing the video and sensor data. The processing and data annotation of the electronic data will be the responsibility of the Contractor; however, NMFS may assist or audit the data as needed. All data collected will be the property of the Government.

The Contractor shall work with NMFS staff to implement EM in the Atlantic herring midwater trawl fishery.

The New England Fishery Management Council (NEFMC) is pursuing increased monitoring via industry-funded monitoring (IFM) in certain fishery management plans (FMPs) to better assess catch and reduce variability around catch estimates. As a result, Northeast Fisheries Science Center (NEFSC) and Greater Atlantic Regional Fisheries Office (GARFO) staff are working are working with the NEFMC on the New England IFM Omnibus Amendment.

In the IFM omnibus amendment, the NEFMC recommended increased monitoring in the herring fishery to address the following goals: 1) accurate estimates of catch (retained and discarded), 2) accurate catch estimates for incidental species for which catch caps apply, and 3) affordable monitoring for the herring fishery. The IFM amendment evaluates how different coverage target alternatives meet the specific monitoring goals identified by the New England Council while comparing the costs of the monitoring programs, particularly costs that would be borne by the fishing industry. The herring coverage target action alternatives include Northeast Fisheries Observer Program-level (NEFOP-level) observer, at-sea monitoring (ASM), EM, and portside sampling (PS) coverage.

The purpose of the IFM Amendment is to standardize future IFM programs for NEFMC fishery management plans (FMPs) and implement IFM in the Atlantic herring fishery. EM and Portside Sampling (PS) were recently recommended by the NEFMC as an IFM option for midwater trawl vessels participating in the herring fishery. EM would be used to confirm catch retention for portside sampling and verify compliance with discard restrictions. Portside sampling would be used to collect species composition and age and length data. Legal requirements dictate that certain cost responsibilities associated with IFM must be borne by the agency. The IFM Amendment would codify agency cost responsibilities associated with IFM for NEFMC FMPs to ensure consistency and compliance with legal requirements. Any increased monitoring resulting from IFM in the herring fishery requires the availability of funding to support the agency’s cost responsibilities associated with IFM.

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2.0 SCOPE AND OUTCOMES

The Contractor shall provide and retain the necessary qualified personnel, material, equipment, services, and facilities (except as otherwise specified) to perform quality environmental, biological, and fisheries operations data collection, data analysis, and information dissemination for the Northeast Fisheries Science Center (NEFSC). Data quality is of the utmost importance. Quality data collection, analysis, and dissemination are expected to increase the critical information gathered for management of catch caps and herring quotas.

3.0 MONITORING 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 improve its methods for fisheries sampling 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 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. Recent work has shown that camera and sensor systems referred to as EM have the potential to produce some of the same information that observers do, and this program seeks to use these systems in the role defined for them by previous studies. 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.

Currently, more than 500 observers are deployed in 11 observer programs, most of which are administered through NMFS’ 6 regional Fisheries Science Centers (FSC). NMFS observer data coverage is essential to reliably estimating catch and bycatch and helping to implement programs to reduce bycatch. Additional benefits of enhanced observer programs are near real-time monitoring of biological and environmental conditions and sampling opportunities not available from dockside sampling. This includes information on marine mammals, turtles and seabirds, resource abundance, contaminants, habitat, life history, and other basic biological information.

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 U.S. Exclusive Economic Zone (EEZ) and the high seas beyond the EEZ.

NMFS requires Contractor support, as described below, to satisfy these requirements.

4.0 BACKGROUND

4.1 Overview

DOC/NOAA/NMFS is the Government agency responsible for monitoring and managing Federal fisheries. Within the NEFSC, the Fishery Research and Monitoring Division (FMRD), Fisheries Sampling Branch (FSB) is responsible for monitoring and observing fishing in the Northeast and mid-

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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 by-catch and discard information), economic data, and vessel efficiency, as well as biological samples of landed catch and discards. The FSB will receive and review EM summary data to conduct data analysis and comparisons with other data sources where applicable. EM data review will support active fisheries monitoring needs as well as the development of improved fishery monitoring.

Nationally there are several EM initiatives and programs, but implementation in the Northeast has been limited. As part of the GARFO Electronic Technology (ET) Implementation Plan, the Councils and NMFS have approved the use of EM in the Atlantic herring midwater trawl fishery to improve catch monitoring and accountability. This contract 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 May 2016.

● The NEFSC and GARFO conducted a study (August 2016 – January 2018) to test EM to monitor catch retention. NMFS determined EM and Portside Monitoring (PS) were an adequate substitute for ASM coverage abroad MWT vessels. The results of the study were presented at the April 2018 New England Fishery Management Council meeting and EM and PS were approved for the midwater trawl fishery (Attachment 1, Herring and Mackerel Fishery Electronic Monitoring Project Final Report).

EM will be deployed on midwater trawl vessels actively participating in the Atlantic herring fishery as one component of IFM. This program is consistent with the objectives of IFM to improve monitoring and to address bycatch in these fisheries. The Atlantic herring midwater trawl fishery has limited discarding because the contents of the net are pumped directly into the hold of the vessel. Therefore, the operation of these fisheries lends itself to using EM to verify whether catch is retained and brought to port where it can be sampled under a PS program.

EM (paired with PS) is currently approved as a monitoring option for the midwater trawl herring fleet in lieu of human monitors. The agency has learned about the requirements needed to make an EM program work at-sea (e.g., appropriate review protocols, hardware technical specifications) from pilot studies, however, the agency will continue to incorporate information learned from this contract into its best practices to determine final protocols and requirements for an operational EM program in these fisheries.

This statement of work describes the role an EM service provider will play in implementing a new monitoring program designed for the commercial midwater trawl vessels that land Atlantic herring. This

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1305M2-19-Q-NFFM0273/Electronic Monitoring Page 6 of 51 program will accommodate between 2 and 12 midwater trawl vessels. The midwater trawl herring fishery is made up of 10-12 somewhat large vessels (range in length from 81.1 to 141 feet) that engage in relatively short trips (duration ranges from 3.2 days to 4.5 days). An average of 2.4 to 4 hauls are made per trip, and average estimated catch (kept and discarded) ranges from 73,000 lb. to 119,000 lb. per haul.

4.2 Atlantic Herring Midwater Trawl Fishery

The New England Council has been interested in increasing monitoring in certain fisheries for the past several years. GARFO and the NEFSC worked with the Councils to develop an option for industry-funded monitoring in all New England fisheries. A particular interest in this amendment is increasing monitoring for the Atlantic herring midwater trawl fishery due to concerns about bycatch of groundfish (mainly haddock) and river herring and shad, as well as accurate accounting of Atlantic herring catch.

While the Councils considered options for at-sea observer and monitor programs, these types of programs are expensive and may not be the most cost-effective way to increase monitoring in a fishery that retain and land the majority of their catch, like the Atlantic herring midwater trawl fishery. For these reasons, there is strong stakeholder support, including the commercial fishing industry and environmental advocates, to establish an efficient and cost effective EM and portside sampling program for the Atlantic herring fishery. This EM contract would facilitate implementation of the IFM Omnibus Amendment by refining an EM program for the Atlantic herring fishery for a period of performance of February 1, 2020 through May 31, 2021.

5.0 OBJECTIVES

GARFO and the NEFSC are proposing to implement an operational EM program in the Atlantic herring fishery to support the Council’s objective to improve monitoring and catch accountability in that fishery.

This EM program would test and refine an EM monitoring program for the Atlantic herring fishery. The NMFS and the Councils could use the information generated from this contract to refine requirements and regulations for an operational EM program for the Atlantic herring fishery through the IFM Amendment.

Through this program, NMFS intends to meet the following contract goals:

● Test and refine EM program requirements;

● Test and refine data program and EM service provider performance standards;

● Further establish roles and responsibilities for the industry, service providers, and NMFS; and

● Continue to explore and detail how EM data collected in this contract could be integrated into other reporting requirements.

Participating vessels will be subject to EM monitoring on all declared herring trips. Under the IFM, vessels opting for EM and PS are subject to 50% coverage levels. Vessels will be required to activate the EM system on all declared trips, but only 50% of the total trips will be selected for EM review. The Contractor will be responsible for reviewing 100% of the 50% selected trips. This will allow vessel captains, the service provider, and NMFS to refine EM program operations while maintaining the integrity of existing data streams critical for science and management. This information will assist in the further development of EM program requirements and EM performance standards to be determined by NMFS and the Councils. To achieve these objectives, NMFS has identified the following Contractor specific contract deliverables:

● Installation and deployment of EM systems on up to twelve (12) Atlantic herring midwater trawl vessels;

● Develop local infrastructure for vessel and program support;

● Develop Vessel Monitoring Plans (VMPs) and establish standards and procedures for approving VMPs and equipment installations (due two (2) months after award of contract);

● Use EM to monitor fishing activity on selected trips;

● Review sensor and video data;

● Provide EM data summaries in line with NMFS program requirements, and

● Work with NMFS to review program performance for refinement.

The goal of this contract is to test the program requirements developed by NMFS that allow EM data to be used as a component of monitoring in the Atlantic herring midwater trawl fishery. This program will be implemented through an Exempted Fishing Permit (EFP) with collaboration from the fishing industry a third-party partner and also further clarify the industry investments and costs for EM. Additionally, the contract will allow NMFS, service providers, and the industry to identify improvements and innovations in areas such as data transfer, review, and storage.

5.1 Inclusion of Best Practices

While this program will provide the monitoring required by the IFM, a secondary goal of this contract is to refine business rules and operational practices to support an EM program in the Atlantic herring fishery. Feedback and input was collected during the NMFS-sponsored Herring and Mackerel EM pilot study (Attachment 1) regarding system requirements, equipment set-up, data management, and reviewing procedures. The recommendations below are regarded as best practices and shall be incorporated as standards that will be evaluated over the course and at the completion of this contract.

5.1.1 EM Equipment

5.1.1.1 System components

In the pilot study, the EM systems provided by Saltwater functioned reliably and captured high quality data that allowed reviewers to identify discard events. Some unnecessary recording occurred when the vessels engaged in non-fishing activity at the dock that incorporated the vessel hydraulics and initiated camera recording. The incorporation of geofencing technology to restrict the onset and completion of video recording eliminated these unintended recordings and should be required in an operational program.

5.1.1.2 System use and reliability

Power interruptions to the EM system caused incidences of data loss. The use of voltage conditioners and uninterruptible power supplies (UPS) decreased the risk of power loss to the EM system. Camera connectivity issues that occurred were due to high vibration on the rail mounted cameras. Vibration resistant cameras are recommended for boom mounted cameras in this fishery.

5.1.2 Compliance

The previous project had lower participation in the last quarter for a variety of reasons that are addressed later in this report, but ultimately were a result of the voluntary structure of the study. In an operational program, vessels would be required to operate their systems or would be subject to consequence measures. Another common issue we encountered was the lack of proper training of vessel personnel responsible for operating the EM system. The vessel representative trained by Saltwater during the install was often the vessel owner or fleet manager, not the captain. For this reason, captains and crews did not always fully understand their responsibilities. Under full implementation, the captain should be present during the install for operator training.

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To maximize the ability of EM reviewers to view all discards, we determined that cameras should be installed to capture all four (4) possible discard locations as listed below:

● Fish pumping

● Dewatering box

● Full deck

● Stern

These four views can generally be captured by three properly placed cameras. On most vessels, getting well framed views of all listed locations will require the installation of a boom arm mount (as described in Attachment 1).

5.1.3 Data Management and Review

5.1.3.1 Data review

It is important for all project partners to work together at the onset of any EM contract to determine which data fields should be collected and how they should be reported. Doing this early ensures the EM systems are installed with the best possible configuration to collect the necessary information and that data is properly documented in the review process. All events of interest should be clearly defined to prevent variation in the classification of discard events among reviewers. Data reviewers should be trained by NMFS to ensure categorization of events and species identification is standardized.

5.1.3.2 Data retrieval

In fisheries with complex logistics where the vessels are not all located in the same port, in person data retrieval can be costly and logistically complicated. Mailing EM data to the review center can simplify this process and result in cost savings. However, mailing the data diminishes the opportunity for face to face contact, which allows vessel operators to ask questions, build working relationships with technicians and facilitates advantageous system performance checks. This issue may be mitigated by more frequent communication with the vessel operators early in the project (after the first few trips) to ensure EM responsibilities are understood and data collection is optimized. In an operational EM program with required compliance, vessel operators would be required to perform a “system check” prior to each trip, and ensure that any issues with the system are reported immediately to the EM service provider. In a fleet that makes frequent, short trips and is somewhat migratory, sufficient spare hard drives should be made available to the vessels to ensure data collection is not hindered due to hard disk drive (HDD) resource limitations.

6.0 SERVICE REQUIREMENTS

6.1 Contract Phases

6.1.1 Contract Setup - two (2) month period (initiated at contract award) involving the service requirements described in Sections 4.2 (Contract Outreach), 4.3 (EM Units to be Supplied), 4.4 (Installation, Servicing of EM Units aboard Vessels, and Field and Project Support) and 4.5 (Data Analysis). The activities provided in Section 4.4 relevant to this Phase are specifically related to establishing local capacity and infrastructure to provide and support field services. The activities in Section 4.5 relevant to this Phase include EM image review training.

6.1.2 EM Operation and Data Collection - twelve (12) month period (initiated two (2) months post contract award) involving the Service Requirements described in Sections 4.4 (Installation, Servicing of EM Units Aboard Vessels, and Field and Project Support), 4.5 (Data Analysis), and 4.6 (Removal of EM units from all fishing vessels).

6.1.3 Analysis, Summary, and Reporting; two (2) month period (initiated fourteen (14) months post contract award) involving the Service Requirements described in Section 4.7 (Final Report).

6.2 Contract Outreach

6.2.1 The Contractor shall participate in regular outreach at the dock with study participants during equipment installations, data retrieval, equipment service events, or as required. Frequent and consistent communication with study participants will help build a good working relationship, reinforce commitment (study participant and Contractor), and will serve to address any outstanding questions or concerns the vessels may have. The Contractor and NMFS will also use these opportunities to describe program goals, provide feedback on crew performance, and convey study results. Outreach will be conducted in this manner to limit interference with vessel fishing operations and to promote study participation and data quality. The Contractor will track all vessel visits and document the purpose of each event in a vessel service tracking sheet, which will be accessible to

NMFS.

6.2.2 The Contractor shall also participate in occasional industry outreach meetings with NMFS staff, contract participants, industry members and other stakeholders throughout the course of the contract (maximum of five (5)). Meetings will be led, organized, and scheduled by NMFS. Outreach may include an equipment demonstration component.

6.2.3 The Contractor shall engage in regular communication (every two (2) weeks or more frequently as required) with NOAA Fisheries staff (in person or by conference call) to review monitoring objectives, data requirements, project plans, program deliverables, program spending and budget plans (quarterly), and staffing and resources.

6.2.4 The Contractor shall assist NMFS in outreach events the Contractor shall develop and provide to NMFS a reference sheet outlining vessel power requirements and basic operations of an EM system. Outreach may include an equipment demonstration component. The Contractor shall provide a detailed schematic design of their EM system and its components in their quote and as part of their reference sheet.

6.2.5 Any communication the Contractor engages in with the industry must be within the scope of this contract and must be pre-approved by NMFS.

6.2.6 Any information or formal agreements the Contractor provides to the fishing industry shall also be provided to NMFS and must be pre-approved by NMFS.

6.3 EM Units to be Supplied

The Contractor shall provide up to twelve (12) EM units (leased or purchased) necessary to provide at-sea coverage on the Atlantic herring fleet. The Contractor shall also have adequate spare or back-up equipment available locally in case of a system failure or equipment malfunction. The EM units supplied by the Contractor shall meet or exceed the technical requirements defined in the Electronic Monitoring Equipment Specifications (Attachment 2) developed by NEFSC.

6.4 Installation, Servicing of EM Units Aboard Vessels, and Field and Contract Support

Prior to commencement of the active data collection, the Contractor shall set up local capacity to install equipment and provide field support to vessel participants. The field support shall include; equipment

1305M2-19-Q-NFFM0273/Electronic Monitoring Page 9 of 51 installation, equipment or system troubleshooting, data retrievals (by means of in-person retrieval or postal mailing), and equipment removal. The Contractor shall provide local service technicians who are capable of providing all servicing events and needs for twelve (12) participating vessels. The data retrievals shall occur after each trip and will take place no more than twenty-four (24) hours after trip landing. The Contractor may need to interact with NMFS websites, user portals, or database systems and/or personnel to determine fishing and landing activity, and to document trips selected for video review. The Contractor shall also reserve or set up local storage or office space to store spare or back-up EM system units and parts as needed. In addition, the Contractor shall set up a twenty-four (24) hour servicing hotline to address any vessel service needs seven (7) days a week. The Contractor shall present a formal plan on servicing, local capacity, and response time to address any equipment issues in their quote.

The Contractor shall create and maintain a field service tracking log to include all installations, service events, data retrievals, equipment or system troubleshooting and equipment removals. If equipment servicing or troubleshooting occurs the Contractor shall note the issue, length of time to fix the issue, and how the issue was rectified in the service tracking log. The tracking sheet shall be updated daily and the Contractor shall provide full access to NMFS. The Contractor shall also track all system failures (any instance where the equipment is not functional) and report all system failures to NMFS in twenty-four

(24) hours of receipt of data from trip where the system failure occurred.

The Contractor shall install, test, and initialize all the EM equipment on the participating fishing vessels.

Some operations in the herring midwater trawl fishery include pair trawling, where two (2) vessels tow a single net and the fish is loaded onto one (1) or both vessels. In pair trawl operations, both vessels will be equipped with EM equipment. The field service technician may be required to go out to sea on a trip with participating vessels to understand fishing operations and evaluate the vessel’s EM system configuration to meet contract goals. Each vessel will be fully outfitted with EM equipment and the Contractor shall provide instruction on the use and care of the EM equipment to the vessels’ crews. The Contractor shall provide a detailed description of what is involved in the installation and removal of EM to NMFS and study participants (potential and actual). The Contractor shall develop a vessel reference sheet which provides the description of the EM system, outlines captain and crew responsibilities, and includes instruction on the use and care of the EM equipment which will be included in the vessel’s VMP. The vessel reference sheet is required one (1) month after contract award.

The Contractor shall develop a VMP for each participating vessel. The VMP shall outline vessel specific catch handling protocols and EM system configurations being used throughout the duration of the program. The VMP is a communication tool used to ensure that captains, EM field technicians, EM data reviewers, and contract coordination staff know what their roles are for a successful implementation. The VMP will include at a minimum: general EM procedures, EM system configuration, operator responsibilities, protocols for data retrieval, catch handling protocols, observer protocols (if applicable), general vessel information, monitoring objectives, the vessel layout, reporting requirements, vessel hail in or out procedures, notification requirements, basic system troubleshooting, program contacts, and any other pertinent information. Because portside sampling will be required of vessels selecting the EM/PS monitoring option the VMP and general protocol shall include protocols for interacting with PS monitors and general offloading procedures (provided by NMFS).

All alterations, with the exception of the vessel’s power supply, required for a vessel to accommodate the EM system will be incurred by the Contractor. This includes, but is not limited to; swing arm mounts for cameras, discard chutes, additional lighting for night fishing, and wire shielding to prevent Radio Frequency Interference (RFI). The Contractor shall devise a plan for those vessels who want to participate but have insufficient power resources. The Contractor’s quote shall include suggested

1305M2-19-Q-NFFM0273/Electronic Monitoring Page 10 of 51 solutions or arrangements to address power issues to increase study participation and shall include information on how this may impact Contractor costs for this contract.

The Contractor shall coordinate and determine a schedule for EM installation on each vessel and will take into account vessels’ fishing schedules and concerns. The installation and maintenance of the EM technology shall not unduly delay any vessel from participating in the fishery. The Contractor shall ensure the functioning of EM systems and communicate the status of systems on each trip to NMFS.

Specific criteria that describe how the system performed should be made available to NMFS. This should build off of the System Use & Reliability portion of the pilot study final report (Attachment 1). The Contractor shall develop and implement strategies for system failure and shall work with vessels where system performance is unsatisfactory help them meet program and vessel requirements. The Contractor shall also develop and implement strategies for vessel compliance and shall work with vessels that are non-compliant to help them meet program and vessel requirements. Vessel accountability shall be described in detail in the Contractor’s quote.

6.5 Portside Sampling

EM and Portside Sampling (PS) were recently recommended by the NEFMC as an IFM option for midwater trawl vessels participating in the herring fishery. EM would be used to confirm catch retention for portside sampling and verify compliance with discard restrictions. Portside sampling would be used to collect species composition and age and length data. Although these monitoring programs work collectively as a singular monitoring model, EM and PS are completely independent. The data sources are distinct in collection, but will be tied together for data analysis and integration at NMFS’ discretion.

Any interaction or communication between the EM and PS Contractors will be guided by NMFS.

6.6 Data Review and Analysis

Participating vessels will be required to activate the EM system for 100% of their declared herring trips.

IFM coverage levels require 50% of EM trips will be selected for video review. The Contractor shall review all of sensor and video data for trips that are selected for review. NMFS will determine the process for selecting trips for review and will inform the Contractor of trip selections in a timely manner.

NMFS reserves the right for full access to any data collected under this contract, regardless of the data was selected for video review or not. The Contractor shall provide NMFS with EM data from the review process and provide complete access to all data (sensor and video) to NMFS for the purposes of quality control.

The Contractor’s EM reviewers should have experience with northeast fisheries and be familiar with northeast species (fish, mammals, birds, etc.). Reviewers may be required to take a trip with participating vessels to increase their knowledge in this fishery and to improve data review. All reviewers will need to be approved by NMFS. Data provided to NMFS and video recordings submitted for audit purposes under this contract will be the property of NMFS. All data collected or summarized as a result of this study is subject to the same data confidentiality guidelines as observer data.

Building off the work of the Herring and Mackerel EM pilot program (Attachment 1, Herring and Mackerel Fishery Electronic Monitoring Project Final Report), the Contractor shall work with NMFS to determine which events are to be recorded and how the events shall be documented. NMFS will require the Contractor and EM reviewers to participate in NMFS training to correctly identify events and document information according to NMFS standards (Attachment 2, Electronic Monitoring Data File Technical Specifications).

The specific data analysis and reporting tasks to be carried out by the Contractor include:

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● The Contractor shall provide a trainer to train the three (3) video auditors (video auditors to be supplied by NEFSC and GARFO) in sensor and imagery viewing to complete this work jointly at a site in Massachusetts arranged by NOAA Fisheries. The training shall be provided during the contract set-up phase within two (2) months post contract award, Section C.4.1.1;

● The Contractor shall set up of three (3) user accounts or licenses to facilitate EM data review and auditing;

● The Contractor shall keep an inventory of all data retrieved and shall create a tracking spreadsheet to track all data and the review of such data. The Contractor shall provide NMFS direct access to the tracking sheet;

● The Contractor shall abide by a schedule for data processing and delivery of a final data summary in accordance with the Electronic Monitoring Data File Technical Specifications (Attachment 2) with an initial target goal of within seven (7) business days of data receipt and an eventual goal of 5 (five) business days from data receipt;

● The Contractor shall assess the quality of image data on a per trip basis and shall develop categories of image quality that determine if the data is suitable for imagery review and data analysis. Image categories will require NMFS approval;

● The Contractor shall analyze vessel sensor data for quality and completeness (e.g., no data gaps). The Contractor shall summarize all data gaps or periods of missing data (sensor or video) and include summary information in the final report. The Contractor shall also notify NMFS of any trips with missing data within 24 (twenty-four) hours of trip review;

● The Contractor shall review 100% of the fishing activity at the trip level, beginning with the first deployment of the net (as detected by the sensors) until the vessel returns to port. Under this program, 50% of the trips will be selected for video review. Trip selection for review will be determined by NMFS;

● Identify all fishing episodes, including the activity of both vessels involved in pair trawling operations;

● Identify discarding by net slippage (release of catch from the net in the water at any time during pumping operations), operational discards (release of catch during operations to move fish from the net to the vessel’s fish hold (for example during pumping operations or at the end of pumping operations to quantify operational discards), discard of fish from the grate or deck of the vessel, or any other discarding event. The identification of discarded fish to the species level is not necessary for the purpose of this contract;

● Document the net or codend and its contents after pumping has ceased to identify fish (presence/absence) remaining in the net;

● Identify all instances where the catch does not come onboard after a fishing event (gear issue, fish pumped to another vessel, etc.);

● Identify interactions (presence/absence) with protected species, including but not limited to; detection of an interaction with a protected species, identification, location of animal, video timestamp, and a description of the interaction and end disposition;

● Identify anomalous events in the data set that may warrant further investigation as identified by

NMFS;

● Submit data reports according to EM summary file standards (Attachment 2, Electronic Monitoring Data File Technical Specifications). Completed electronic data summaries will be submitted to

NMFS’ API;

● Make available to NMFS raw video annotation data and video files such that NMFS may provide an independent secondary review of specific trips.

6.7 Removal of EM units from all fishing vessels

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Unless ownership or lease agreement is transferred to the vessel owner at the end of this contract, the Contractor shall be responsible for removing all EM units from the vessels at the end of the contract. The Contractor shall remove all evidence of the EM installation on every vessel. The care must be taken to return each vessel to the state it was in prior to the installation of the EM unit. The removal shall not unduly delay vessels from departing for other fisheries.

6.8 Final Report

The Contractor shall provide NOAA Fisheries with a draft and the final report on this contracted work in a format to be approved by NMFS. The draft report is due one (1) month prior to the final report. The draft shall allow NOAA Fisheries to provide comments and edit content. The final report, incorporating changes suggested by NOAA Fisheries, shall be clear, straightforward and will incorporate at a minimum, an overview of the EM program, analysis of the EM data, lessons learned and applicability in other Northeast fisheries. It shall also include an objective review of the benefits and challenges of EM applicability to the various gear and vessel configurations, all incidences of at-sea discards, positions and vessel track lines of all tows, comparison to NEFOP observer collected data, and any other unique circumstances that may have arisen.

The final report shall be a narrative of the operational components and processes for the tested EM monitoring approach. The final report shall read as a template or blueprint for vessel owners and NMFS who intend on incorporating an EM monitoring program into operation plans. Contractor responsibilities for specific data analysis and reporting in the final report shall include but is not limited to the following:

● Document and detail all operational components (e.g., data management and storage, data retrievals and management, equipment maintenance and supporting field services, data processing, notification system, onboard methodologies, compliance measures, feedback mechanisms, etc.), necessary to support an EM monitoring program. Information included shall be practical and based on applied knowledge;

● Thoroughly document the EM model (approach) tested, including objectives, approach definitions, specific approach goals, approach assumptions, approach scope of work, etc.;

● Document procedures (list of necessary tasks to complete processes), description of resources (training, skill sets, etc.), data quality procedures and considerations, and timeframes and logistical considerations associated with data models for each approach;

● Identify any significant issues or concerns with EM operational programs, including: fishing in multiple management areas (if applicable), data gaps (sensor or video), equipment interference issues, safety concerns, chain of custody concerns and data confidentiality, data ownership, data storage, haul

vs. trip level reporting, data turnaround times, etc.

● Document “best practices or best recommendations” for a successful and independent electronic monitoring program. The “best practices” information shall be supported by data collected and analyzed as part of this study. Supporting data shall be utilized to collaborate and reinforce “best practice recommendations” and shall be incorporated in a “lessons learned” format. This information shall include methods tested and evaluated (efficiencies) as part of this study, including elements such as: data alignment, modified catch handling, distinguishing between discarding events, methods to address undetected discard events, techniques for industry reporting, etc. The Contractor shall as applicable incorporate “lessons learned” from other pilot studies or operational programs which they have conducted or are associated with;

● Identify and document all cost drivers related to an EM monitoring program. Information shall demonstrate how specific cost drivers impact overall monitoring costs and identify which cost aspects vary in accordance with other factors. Information shall also include how specific monitoring

1305M2-19-Q-NFFM0273/Electronic Monitoring Page 14 of 51 objectives relate to or influence program costs. Cost information shall be presented in a manner that allows the fishing industry to optimize costs based on specific monitoring objectives;

● Summarize all data collected. Summarized information shall include: detail of collected data (number of trips, estimated total hours, and number of participating vessels, etc.), EM data quality assessment for reviewing, interpretation and analysis methods, video and sensor data quality, quality control measures for data alignment between reviewers, and inventory (catch composition) of all species or events recorded in EM data;

● Assess vessels in the context of compatibility with the EM equipment and detailing any deficiencies identified in the fleet that would not be conducive to collecting EM information or EM monitoring;

● The final report will include a template of a Vessel Monitoring Plan (VMP) with generic information related to vessel monitoring and crew responsibilities. The report shall reference the VMP and include information as to the purpose and need for vessel-specific VMPs to properly support a program.

6.9 Ownership of materials

All, reports, summaries, information collected or developed during this contract and submitted to NMFS as required, and collected video and sensor data will be the property of NOAA Fisheries and will be maintained onsite by the NMFS. All data will be delivered in a manner accessible to NMFS. Copies will be supplied to vessel owners at their request and upon completion of a signed waiver by the owner. The EM data will be used solely for this contract and will be protected as confidential data under observer information [Magnuson-Stevens Reauthorization Act amended Section 402(b)]. The Contractor may not use the data collected from this contract without Government permission.

The data collected throughout this contract may be used for outreach purposes, trainings (video auditors, NMFS staff, observers, etc.), and presentations as needed.

The Contractor will be required to store all (sensor and video) data for three (3) years from the contract start date.

SECTION II

CONTRACT TERMS AND CONDITIONS

1. 2. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT

2018)

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

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement 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.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

(ix)…