1305M2-19-Q-NFFN-1883.pdf

1305M2-19-Q-NFFN-1883

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)

SOUTHEAST REGIONAL OFFICE (SERO)

PERFORMANCE WORK STATEMENT

FOR

MARINE MAMMAL BYCATCH FISHERY LIAISON

1305M2-19-Q-NFFN-1883

August 2019

NOTICE DATE: August 9, 2019

Response Due: Wednesday August 21, 2019 at 10:00 AM 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), Southeast Regional Office (SERO) is soliciting quotes for a Contractor to provide Marine Mammal Bycatch Fishery Liaison Services.

This RFQ is Total Small Business Set-Aside. The associated North American Industry Classification System (NAICS) code is 541690, Other Scientific and Technical Consulting Services, which has a corresponding size standard of $15M.

The Government anticipates awarding a Firm-Fixed Price (FFP) contract with a base period of performance from September 18, 2019 through September 17, 2020 and 4 (four), 1 (one) year Option periods.

The Contractor shall supply all necessary personnel, services, materials, travel and other items as required in accordance with this RFQ.

Attachment 1-Pricing Schedule shall be completed by the Contractor for pricing purposes.

Section I Performance Work Statement

1305M2-19-Q-NFFN-1883

DEPARTMENT OF COMMERCE (DOC)

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

SOUTHEAST REGIONAL OFFICE (SERO)

PERFORMANCE WORK STATEMENT

FOR

MARINE MAMMAL BYCATCH FISHERY LIAISON

1.0 GENERAL

1.1 BACKGROUND

Section 118 of the Marine Mammal Protection Act (MMPA) requires NMFS to develop and implement Take Reduction Plans (Plans) to assist in the recovery or prevent the depletion of strategic marine mammal stocks that interact with Category I and II fisheries. Each Plan must achieve short- and long-term goals as established in the MMPA.

NMFS convenes Take Reduction Teams (Teams) to develop Plans to meet these short- and long-term goals. Teams consist of a balance of representatives from the fishing industry, fishery management councils, state and Federal resource management agencies, the scientific community, and conservation organizations. The Teams develop, via consensus, recommendations for a draft Plan that NMFS considers for implementation.

Within the Southeast Region, there are currently three established Teams, with resulting Plans that will be directly related to the Contractor’s responsibilities:

1. The Bottlenose Dolphin Take Reduction Team (BDTRT) and Plan (BDTRP) was formed to reduce incidental deaths and serious injuries of coastal bottlenose dolphins in specific Category I and II commercial fisheries from New Jersey through Florida’s east coast.

More information on the BDTRP is available on NOAA’s website.

2. The Pelagic Longline Take Reduction Team (PLTRT) and Plan (PLTRP) was formed to reduce incidental deaths and serious injuries of short- and long-finned pilot whales in the mid-Atlantic region of the Atlantic pelagic longline fishery. More information on the PLTRP is available on NOAA’s website.

3. The Atlantic Large Whale Take Reduction Team (ALWTRT) and Plan (ALWTRP) was formed to reduce the incidental deaths and serious injuries of right, humpback, fin, and minke whales in the South Atlantic shark gillnet fishery, Gulf of Maine and Mid-Atlantic lobster trap/pot fishery, Mid-Atlantic gillnet fishery, and Gulf of Maine sink gillnet fishery. More information on the ALWTRP is available on NOAA’s website.

Communication and collaboration with commercial fishermen who must comply with Plan regulations and/or participate in Team meetings is crucial for successful implementation of the Plan. Providing this necessary Plan and Team information to fishermen helps ensure compliance with existing or new regulatory requirements from Plans, thereby, facilitating effectiveness at meeting mandated goals. Equally as important is consistent and timely flow of high quality, https://www.fisheries.noaa.gov/national/marine-mammal-protection/bottlenose-dolphin-take-reduction-plan https://www.fisheries.noaa.gov/national/marine-mammal-protection/pelagic-longline-take-reduction-plan https://www.fisheries.noaa.gov/national/marine-mammal-protection/pelagic-longline-take-reduction-plan https://www.greateratlantic.fisheries.noaa.gov/protected/whaletrp/

1305M2-19-Q-NFFN-1883

credible information from the fishing community (e.g. commercial fishing operations and gear practices) to NMFS to make informed decisions. Therefore, the NMFS SERO intends to contract a marine mammal bycatch fishery liaison in the southeast region to ensure there is a constant and consistent, neutral communication source between the NMFS and both individual commercial fishermen and industry groups affected by the Plans.

1.2 SCOPE

The Contractor shall be responsible for: (1) facilitating two-way communication with both individual commercial fishermen and industry groups affected by the Plans (Section 1.1); and (2) contributing to the effectiveness of the Plans. The Contractor shall serve as a liaison between the NMFS SERO, Protected Resources Division, and the commercial fishermen/fishing industry groups affected by the Plans (Section 1.1) within the southeast (North Carolina through Florida) and other areas outside the southeast and affected by the Plans as needed (e.g. Virginia).

1.3 OBJECTIVE

The objective for this requirement is to identify a qualified Contractor to ensure consistent and constant communication between the NMFS SERO and the fishing industry relative to the importance of their role in successful implementation of the Plans’ (Section 1.1) requirements.

The Contractor’s duties will largely entail: (1) facilitating two-way communication with both individual commercial fishermen and industry groups affected by the Plans (Section 1.1); and (2) contributing to the effectiveness of the Plans. This position would require contracting a key personnel who would be identified as a marine mammal bycatch fishery liaison for the NMFS SERO (Section 4.0).

2.0 TASKS

The Contractor shall be responsible for the following key tasks to satisfy the scope and objectives (Section 1.2 and 1.3) of this contract:

2.1 TASK ONE. Commercial fishing gear and field operation/practice information

2.1.1 Develop, foster, and maintain partnerships with individual commercial fishermen, commercial fishing industry members/groups, state agencies, observer program personnel, and other stakeholders.

2.1.2 Provide NMFS SERO with updated and regular real-time information on pertinent commercial fishing activity, gear characteristics and field operation practices in North Carolina, and additional areas affected by the Plans (Section 1.1) as requested and needed by NMFS SERO.

2.1.3 Characterize current commercial fishing field operations/practices and fishing gear characteristics for those fisheries affected under the Plans (Section 1.1), as needed or requested by NMFS SERO; and provide NMFS SERO with written characterizations with a timeline for written characterization to be determined by NMFS SERO in consultation with the Contractor.

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2.1.4 For marine mammal fishery-related bycatch events (e.g. strandings and observed takes) in areas affected by the Plans (Section 1.1), assist with identifying and characterizing the nature/type of fishing gear(s) involved and its respective fishing practice(s) or potential fishing activity occurring in the vicinity of the stranding, when requested by NMFS SERO and within 2 days of the request.

2.1.5 Provide NMFS SERO with recommendations on fishing gear modifications to reduce marine mammal bycatch as needed or requested and in consultation with the commercial fishermen/industry groups as appropriate.

2.1.6 Provide regular written and verbal communication to NMFS SERO on any concerns, comments, questions, or feedback received from communications with commercial fishermen and industry representatives.

2.2 TASK TWO. Fishermen/industry group collaboration and communication

2.2.1 Develop, foster and maintain partnerships with the individual commercial fishermen and commercial fishing industry groups affected by the Plans (Section 1.1).

2.2.2 Regularly communicate and meet with fishermen (e.g. at major Southeast Region fishing ports) to provide accurate management outcomes from Team meetings and pertinent changes or amendments to Plans (Section 1.1); answer questions about fishing gear requirements; discuss potential fishing gear modifications and alternative gear deployment methods; and discuss/answer fishery observer efforts. Provide NMFS SERO with written summary within 5 business days.

2.2.3 Communicate (e.g. verbally, electronically, meetings, workshops, etc) and distribute pertinent compliance information on the Plans (Section 1.1), as well as other NMFS laws and regulations as they pertain to commercial fisheries affected under the Plans (Section 1.1); and provide NMFS SERO with written summary within 5 business days of communication and distribution method.

2.2.4 Assist NMFS SERO in the development of regulatory compliance information for fishermen affected by the Plans’ (Section 1.1) implementing regulations based on the Contractor’s knowledge of the target fishing community

2.2.5 Provide NMFS SERO with recommendations for enhancing commercial fishing industry compliance with the Plans’ (Section 1.1) implementing regulations based on the Contractor’s knowledge of the target fishing community.

2.2.6 Assist NMFS SERO in alerting commercial fishermen affected by the Plans (Section 1.1) of possible funding opportunities to collaboratively conduct research designed to reduce interactions between marine mammals and fishing gear, and help fishermen to respond appropriately to these solicitations as applicable.

2.2.7 Facilitate communication with commercial fishermen serving on Teams (Section 1.1) about Team meeting scheduling to ensure adequate participation from commercial fishing industry representatives at the meeting(s).

2.2.8 During Team (Section 1.1) meetings and as requested by NMFS SERO, facilitate dialogue and discussions amongst pertinent commercial fishery industry representatives and other industry members, as applicable.

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2.3 TASK THREE. Plan requirements and fishery regulations

2.3.1 Attend and participate in workshops and meetings related to Plans and Teams (Section 1.1).

2.3.2 Attend fishery-related meetings organized by state agencies, fishing associations, or local communities, as applicable to fisheries managed under the Plans (Section 1.1); and provide NMFS SERO with written summary within 5 business days from meeting attendance.

2.3.3 Assist NMFS SERO with implementing pertinent Team (Section 1.1) meeting consensus recommendations.

2.3.4 Identify commercial fishing industry representative(s) for consideration by NMFS SERO to serve as replacement member(s) on applicable Team(s) (Section 1.1), as needed.

2.3.5 Immediately notify the applicable NMFS Plan coordinator of any potential violation of the laws or regulations under the MMPA, Endangered Species Act, or Magnuson- Stevens Fishery Conservation and Management Act, such as vessels failing to abide by any of the Plan’s stipulated regulations.

2.3.6 Assist NMFS SERO when requested and necessary with discussions related to protected species concerns and fishermen compliance with regulations in the mid-Atlantic.

3.0 DELIVERABLES

3.1 Monthly Reports

The Contractor shall provide a monthly progress report along with the monthly invoice to the COR via electronic mail. At a minimum, each monthly report shall contain the following details:

• Approximate labor hours worked during monthly reporting period to accomplish contract requirements;

• Any travel conducted;

• Location of all ports visited;

• Summaries for dock visits conducted, including names of the fishermen the

Contractor met with and contact information, where possible;

• Location of workshops, meetings, trainings conducted or attended, and a brief summary of each, including information relayed and feedback received;

• Progress and outcomes achieved through meeting with fishermen, and any related recommendations;

• Suggestions or recommendations for implementation strategy for the Plans’ (Section

1.1) related to fishermen compliance with regulations;

• Details on current commercial fishing activity, gear types and characteristics, and target species; and

• Any other perspectives, comments, questions, or concerns from fishermen to which

NMFS should consider or respond.

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3.2 Annual Reports

The Contractor shall also provide an annual report to the COR on September 1st of each year of the contract, which shall outline the work accomplished during the previous fiscal year. This report should include narrative explanations of programs implemented, status of programs in progress, successes and challenges, feedback information, and recommendations for the program moving forward into the next fiscal year. Outline initiatives associated with the duties of this contract that the Contractor feels have been successful and should continue, as well as those that should be modified or amended to increase effectiveness.

3.3 The Contractor shall consider items in BOLD as having mandatory due dates. Items in italics are deliverables or events that are as requested, needed, or accomplished associated with tasks in Section 2.0.

ITEM PWS

REFERENCE

DELIVERABLE /

EVENT DUE BY DISTRIBUTION

1 10.0 Post Award Conference 10 business days from contract award N/A

2 3.1 Monthly Progress Reports

Monthly: on or about the first of each month for the prior month’s activities

COR

3 3.2 Annual Reports Annually, on September 1st COR

4 2.0 Meeting Summaries

Provides NMFS SERO with written summaries from any pertinent Plan, Team, and fishery related meetings, workshops, etc within 5 business days from meeting attendance.

COR

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ITEM PWS

REFERENCE

DELIVERABLE /

EVENT DUE BY DISTRIBUTION

5 2.1 Fishing Activity Reports

At least monthly, provide NMFS SERO with updated and real-time information on pertinent fishing activity in North Carolina via written email, and additional areas affected by the Plans (Section 1.1) as requested and needed by NMFS

SERO.

COR, NMFS

SERO

6 2.1 Fishery/gear Characterization Reports

As requested by NMFS SERO and per Section 2.0, provide NMFS SERO with written characterization(s) of current commercial fishing field operations/practices and fishing gear characteristics;

characterization of gear/fisheries involved in marine mammal bycatch events; and recommendations on fishing gear modifications

COR, NMFS

SERO

1305M2-19-Q-NFFN-1883

ITEM PWS

REFERENCE

DELIVERABLE /

EVENT DUE BY DISTRIBUTION

7 2.2, 2.3 Activity Reports

Provide NMFS SERO with activity reports, as requested and if needed at interim timeframes from inclusion in monthly reports, on progress made towards implementation of Team consensus recommendations, including efforts to communicate with fishermen and enhance compliance.

COR, NMFS

SERO

4.0 KEY PERSONNEL REQUIREMENTS

The marine mammal bycatch fishery liaison is a key source of providing consistent, neutral information to both commercial fishermen and NMFS. To successfully perform the tasks outlined in Section 2.0, it is crucial that there is continuity and consistency in the fishery liaison position because of the critical nature of building trust with commercial fishermen and the fishing industry groups. This is essential for successful communication and collaboration in contributing to the Plans’ (Section 1.1) effectiveness. Therefore, the marine mammal bycatch fishery liaison is considered key for this requirement and there should be consistency with one key personnel maintaining the contract position.

Providing key personnel to fulfill the marine mammal bycatch fishery liaison position requires specific technical skills and demonstrated experience, knowledge and ability to successfully fill this need. It is crucial for the key personnel to have demonstrated knowledge and in-depth understanding of the Plans implemented along the U.S. Atlantic Coast (Section 1.1) and related marine mammal bycatch issues. The key personnel must demonstrate experience and ability with regularly interpreting, to commercial fishermen/industry groups, the Plans and their implementing regulations and compliance guides and answering the fishermen/industry’s questions based on the key personnel’s in-depth knowledge of the Plans. Communicating compliance information on the Plans’ implementing regulations to commercial fishermen/industry groups requires the ability to accurately convey complex regulatory and biological information, as well as gear and fishing practice information to both NMFS and the commercial fishermen/industry groups. Therefore, the key personnel must also demonstrate experience with and the ability to characterize fisheries affected by the Plans (PWS Section 1.1)

Performance Work Statement through direct knowledge and understanding of the affected commercial fishing field operations and fishing gear characteristics, specifically for gillnets, trap/pots, seines, stop nets, pelagic longlines, and pound nets. To successfully meet the requirements of the fishery liaison position, the key personnel must have a demonstrated communication network and meaningful relationships with both individual commercial fishermen and industry groups affected by the Plans (Section 1.1) and specifically for those using gillnets, trap/pots, seines, stop nets, pelagic longlines, and pound nets. The key personnel must also have a minimum of ten years past experience directly liaising with the commercial fishermen and fishing industry groups affected by the Plans (Section 1.1) and working with them on compliance of the Plans’ implementing regulations and related marine mammal bycatch issues. This direct experience is necessary to build trust with stakeholders that is essential for successful communication in contributing to the Plans’ effectiveness. The key personnel must be willing to travel regularly to conduct work specified in the PWS, and it is preferred the key personnel lives in North Carolina and has a history of participating in a commercial fishery in North Carolina. The estimated labor hours for this requirement is 1900 per year.

Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 30 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the Contracting Officer. The Contractor shall not replace Key Contractor personnel without approval from the Contracting Officer.

5.0 PERFORMANCE REQUIREMENTS SUMMARY

This contract includes a Performance Requirements Summary (PRS). The PRS plays an integral role in the administration of the contract. In addition to any applicable inspection clauses or other related terms and conditions contained in the contract, the PRS shall serve as a primary tool for inspection and acceptance of services as facilitated by the Contracting Officer’s Representative (COR). Evaluation of the Contractor’s overall performance shall be in accordance with the performance standards set forth in the PRS, and will be conducted by the COR. The PRS constitutes a material aspect of the contract and will not be changed or otherwise modified without prior written approval of the Contracting Officer.

The PRS establishes key elements of Contractor performance that represent “mission essential” service requirements, which are identified in the table below in the “Service Output” column.

The “Performance Objective” column represents the standard against which Contractor performance will be measured in relation to accomplishment of the corresponding service output. The performance objective or “standard” describes the minimum acceptable level of service by the Contractor for satisfactory performance. The “Acceptable Quality Level (AQL)” column displays the maximum allowable deviation from the performance objective, which, if exceeded, evokes the negative incentive specified in the table below.

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Service Output Performance Objective Acceptable

Quality Level

(AQL)

Method of Surveillance

(Performance Requirements) (Performance Standard)

(Performance Metrics) (Quality Assurance)

Plan Requirements & Fishery

Regulations

(PWS 2.3)

Stays up-to-date on all Plan (Section 1.1) implementing regulations, requirements, amendments, and implementation needs, as well as related gear changes, research, etc.

Demonstrates knowledge and understanding

98% of the time

Accuracy, random report/email reviews, and observations.

Stays up-to-date on pertinent fishery regulations associated with fishing gear regulated under the Plans (Section 1.1).

Demonstrates knowledge and understanding

98% of the time

Accuracy, random report/email reviews, and observations.

Assists NMFS SERO with meeting Team and Plan (Section 1.1) mandates by identifying replacement fishing industry representative(s) for Teams as needed; and implementing applicable Team meeting consensus recommendations.

Collaboration is professional, responsive, and plans are mutually agreed upon for meeting needs.

Feedback is positive 98% of the time

Accuracy, customer feedback, random report/email reviews, observations.

Fishermen/Fishing Industry

Communications

(PWS 2.0)

Regularly communicates and meets with fishermen/industry groups to provide: accurate management outcomes from Team (Section 1.1) meetings; pertinent changes or amendments to Plans; information about upcoming Team meetings to facilitate scheduling and meeting success; answers to questions about gear requirements, fishery observer coverage, etc; and relays questions and concerns to NMFS SERO.

Feedback is positive 98% of the time

Accuracy, information dissemination, customer feedback, random email/report reviews.

Assists NMFS SERO with Team (Section 1.1) meeting success by

Collaboration is professional and

Accuracy, information dissemination, facilitating communication with commercial fishermen on Team meeting scheduling and dialogues/discussions with fishing industry during Team meetings to help accomplish meeting goals.

feedback is positive 98% of the time customer feedback, observations

Provides NMFS SERO with recommendations for enhancing commercial fishing industry compliance with the Plans (Section 1.1); assists NMFS SERO with development of regulatory compliance information to industry as needed; and distributes compliance information to affected fishing industry on Plan requirements.

Collaboration is professional and feedback is positive 98% of the time

Accuracy, information dissemination, customer feedback, random report/email reviews.

Works with NMFS SERO and partners to determine the need for meetings/workshops with industry on new or existing Plan requirements (Section 1.1), emerging issues, and gear or fishery practice changes and modifications, and holds meetings/workshops.

Collaboration is professional and plans are mutually agreed upon for meeting needs.

Feedback is positive 98% of the time

Random report/email reviews, customer feedback, observations.

Fishing Gear & Practice Information

(PWS 2.1)

Conducts at least 1 monthly dock-side/fishing port visit.

Attempt is made at least 90% of the time

Random inspection, report/email reviews

Provides NMFS SERO with updated and real-time information on pertinent commercial fishing activity in North Carolina at least monthly, and additional areas affected by the Plans (Section 1.1) as requested and needed by NMFS SERO.

Requirements are met 90% of the time

Random inspection, report/email reviews, dissemination of information

Assists NMFS SERO in characterizing commercial fishery(ies) current field operations/practices and gear types

Collaboration is professional and characterization is

Random inspection, report review, affected by the Plans (Section 1.1) as needed, and provide written characterization(s) to NMFS SERO.

accurate.

Feedback is positive 98% of the time.

accuracy, and customer feedback.

Relays to NMFS SERO any concerns or feedback from commercial fishermen.

Responsive to requests, information is accurate. Feedback is positive and timely 98% of the time.

Responsiveness, observations, accuracy of information

Provide NMFS SERO, upon request, with information to identify and characterize the nature/type of fishing gear(s) and respective fishing practices involved in marine mammal bycatch events; and with recommendations on fishing gear modifications to reduce marine mammal bycatch events.

Responsive to requests, information is accurate. Feedback is positive and timely 98% of the time.

Responsiveness, observations, accuracy of information

Meetings

(PWS Section 2.0)

Attends Team (Section 1.1) meetings and planning meetings; pertinent fishery and gear related meetings affecting fisheries under the Plans (Section1.1) organized by state/federal agencies, councils, commissions, fishing associations, etc.

Attends pertinent meetings 95% of the time

Attendance, observations, random email/report review

Provides NMFS SERO with timely written summaries from any pertinent fishery and gear related meetings attended.

95% timeliness

Attendance, accuracy and dissemination of information.

Reports

(PWS Section 3.0)

Monthly reports are generated per requirements in the PWS and provided on or about the first of the month.

98% timeliness Random inspection, report review

1305M2-19-Q-NFFN-1883

An annual report is generated per requirements in the PWS and provided on or about September 1st.

98% timeliness September inspection, report review

Collaboration & Partnerships

(PWS Section 2.0)

Develops, fosters, and maintains partnerships with individual commercial fishermen, commercial fishing industry members/groups, state agencies, observer program personnel, and other stakeholders.

Feedback is positive 98% of the time

Observation, customer feedback

Customer Service

Communications and interactions with the government, commercial fishermen/industry groups, state agencies, Team members, researchers and academia, council and interstate commission members are professional and courteous.

Feedback is positive 98% of the time

Observations and customer feedback.

Responsive to needs of the government

(PWS 2.0)

Assist, when requested and necessary, with protected species related discussions; compliance assistance;

participation in additional meetings, and research; and information gathering to facilitate the objectives of the PWS.

100% positive response to government needs and requests

Customer feedback

6.0 GOVERNMENT FURNISHED RESOURCES

The Government will not furnish any resources to the Contractor in support of this contract. The Contractor shall provide and retain the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the minimum duties specified herein.

The Government will provide any necessary information, data and documents to the Contractor for work required under this contract, unless it is developed with and by the Contractor per Section 2.0.

7.0 TRAVEL

Key personnel travel shall be required to support this requirement. The Contractor shall be responsible for all travel arrangements and expenses, appropriate lodging, and all expenses associated with performing the work required under this contract. All travel required by the

Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. These regulations can be found at www.gsa.gov. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

8.0 POST AWARD CONFERENCE

The Contractor shall attend a Task Order Kick-off conference with the Contracting Officer, COR, and Project Lead/Officer no later than 10 business days after the date of award. The purpose of the Task Order conference, which will be chaired by the Contracting Officer, is to set the standards of performance, clarify details, place of performance, building access time, communication channels, anticipated travel (if any), required GOV training, and progress report and invoicing details. The Task Order Kick off conference will be held via teleconference.

9.0 INTELLECTUAL PROPERTY

All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this Task Order. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the NMFS Project Leader.

10.0 IT SECURITY

The Contractor must meet the Department of Commerce IT Security Program Policy and Minimum Implementation Standards (found at https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program). The Contractor must also adhere to NOAA and NMFS security policies (found at https://www.csp.noaa.gov/policies/).

11.0 SECTION 508 COMPLIANCE

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.

105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

http://www.gsa.gov/ https://www.csp.noaa.gov/policies/ http://www.access-board.gov/ http://www.section508.gov/

12.0 CONFIDENTIALITY AND DATA PRIVACY

This contract may require that services contractors have access to Privacy Information. Services contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

Section II Contract Terms and Conditions

1. FEDERAL ACQUISITION REGULATION (FAR) 52.252-2 CLAUSES INCORPORATED BY

REFERENCE (FEB 1998)

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

Federal Acquisition Regulation (FAR) - http://farsite.hill.af.mil/vffara.htm Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vfcara.htm

(End of clause)

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 Governmentwide 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;

http://farsite.hill.af.mil/vfcara.htm

1305M2-19-Q-NFFN-1883

(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) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, 1305M2-19-Q-NFFN-1883 which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

1305M2-19-Q-NFFN-1883

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

1305M2-19-Q-NFFN-1883

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS (OCT 2018)

a. FAR 52.202-1 DEFINITIONS (JAN 2012)

b. FAR 52.203-3 GRATUITIES (APR 1984)

c. FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

d. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

e. FAR 52.204-19 – INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

f. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

g. FAR 52.245-1 GOVERNMENT PROPERTY (APR 2012)

h. FAR 52.245-9 USE AND CHARGES (APR 2012)

i. COMMERCE ACQUISITION REGULATION (CAR) 1352.201-70 CONTRACTING

OFFICER’S AUTHORITY (APR 2010)

j. CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

k. CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

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

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

n. CAR 1352.237-71 SECURITY PROCESSING REQIREMENTS – LOW RISK CONTRACTS

(APR 2010)

o. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to expiration of the current contract period.

Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

(End of clause)

p. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) If more than 30 days remain in the contract period of performance, the Government, without prior written notification, may exercise this option by issuing a contract modification. To exercise this option

1305M2-19-Q-NFFN-1883

within the last 30 days of the period of performance, the Government must provide to the Contractor written notification 60 days prior to the expiration date of the contract period of performance. This preliminary notification does not commit the Government to exercising the option.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

q. CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) [To be identified at the time of award] is hereby designated as the Contracting Officer’s Representative (COR).