1305M321RNFFO0007 Amendment 0001.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

OBSERVER SUPPORT FOR NMFS, WEST COAST REGION, SUSTAINABLE FISHERIES DIVISION

See Attached Page(s)

1 39

1305M321RNFFO00070001 MAY 06, 2021 NF-FO1000-21-00845

AJ630031

WESTERN ACQUISITION DIVISION

CONTRACTS BRANCH

7600 SAND POINT WAY NE, SOU6

SEATTLE WA 98115-6349

See Block 6

1305M321RNFFO0007

APR 14, 2021

See Schedule

Attachment Page

PAGE 2 OF 39 1305M321RNFFO00070001

Amendment 0001 to Solicitation 1305M321RNFFO0007 is issued to:

A. Provide responses to vendor questions in the attached titled “VENDOR Q&A”.

B. Provide revisions to the price schedule contained in pages 3-5 of the solicitation issued on April 14, 2021.

Revisions are attached and are indicated in red strikeout and underscore.

C. Provide revisions to FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) contained in the solicitation issued on April 14, 2021; reference Section C – CONTRACT CLAUSES. Revisions are attached and are indicated in red strikeout and underscore.

D. Provide revisions to the Performance Work Statement contained in the solicitation issued on April 14, 2021;

reference SECTION D – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS. Revisions are attached and are indicated in red strikeout and underscore.

E. Provide revisions to CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) contained in the solicitation issued on April 14, 2021; reference SECTION E – SOLICITATIONS AND PROVISIONS. Revisions are attached and are indicated in red strikeout and underscore.

F. Provide revisions to CAR 1352. 237-75 KEY PERSONNEL (APR 2010) contained in the solicitation issued on April 14, 2021; reference SECTION E – SOLICITATIONS AND PROVISIONS. Revisions are attached and are indicated in red underscore.

G. Provides Appendix 1 – 2013 Field Manual and Appendix 2 Observer Training Manual LL 2018 for informational purposes.

The date for receipt of proposals is extended to at 2:00 pm, Pacific time in May 18, 2021 by reason of this modification. All other terms and conditions remain unchanged.

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VENDOR Q&A

1. Q: How many vessels are in the fleet?

A: Amendment 0001 is issued and addresses this question as indicated in revisions to Paragraph 3.3.9 of the PWS.

2. Q: What are the coverage requirements?

A: Amendment 0001 is issued and addresses this question as indicated in revisions to Paragraph 3.3.10 of the PWS.

3. Q: What is the average length of a trip?

A: Amendment 0001 is issued and addresses this question as indicated in revisions to Paragraph 3.3.9 of the PWS.

4. Q: How many trips are conducted/completed per year?

A: Amendment 0001 is issued and addresses this question as indicated in revisions to Paragraph 3.3.10 of the PWS.

5. Q: How many observers does the current incumbent employ?

A: The number of observers employed by the incumbent is their business approach and not releasable.

Requirements stated in Paragraph 3.3.12 of the PWS contained in the Solicitation are intended to aid in proposal preparation.

6. Q: Is debriefing in person, or virtual?

A: Amendment 0001 is issued and addresses this question as indicated in revisions to Paragraph 3.2.3 (f) of the PWS.

7. Q: Is there a current PM, or is this a new requirement for this fishery?

A: This is not a new requirement, there is currently a PM.

8. Reference: Price Schedule, Ordering Period 5, page 4 Q: The NTE amount for expenses lists $1,000,000.00 for Ordering Period 5 when all of the other periods list $100,000.00. Is this a typo?

A: Yes, Amendment 0001 is issued and revises the NTE amount for Ordering Period V to read

$100,000.00.

9. Reference: SECTION C – CONTRACT CLAUSES, FAR52.216-19 Order Limitations (OCT 1995), page 19 Q:

The minimum listed here ($3,500.00) is not the same as the minimum listed on page 22 under CAR 1352.216-75 Minimum and Maximum Contract Amounts which is $10,000.00. It would appear that the latter number is applicable but can you clarify?

A: Amendment 0001 is issued and revises the minimum listed in FAR 52.216-19 ORDER LIMITATIONS

(OCT 1995) to read $10,000.00.

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VENDOR Q&A

10. Reference SECTION D – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS, Performance Work Statement Paragraph 3.2.3 Observer Duties and Data Collection Requirements p. 54.

Q: The first paragraph states that if an observer is unable to report within two business days for a debriefing where the Government is involved, the Contractor needs to notify the COR to request a time extension that will be reviewed on a case-by-case basis by the CO. The intent seems to conflict with Section D – 3.1.2 where the Project Manager will collaborate with all parties (Government and Observer in this case) to resolve all issues at the lowest possible level. It would appear that this would be a case where the PM and the COR would resolve the issue without needing to involve the CO. Please clarify.

A: Amendment 0001 to the solicitation revises the requirements stated in Paragraph 3.1.2 and 3.2.3(f) of the PWS and addresses this question.

11. Reference SECTION D – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS, Performance Work Statement Paragraph 3.3.2 Observer Training, p. 56.

Q: The bottom of page 56 states that the Contractor will provide written certification that the candidates will have completed the IT security awareness training. Neither of the website links provided in the Solicitation work so we are unable to determine what any of the requirements are or how the candidates are supposed to complete and submit the IT training. Can you ensure that the links are working properly?

A: Amendment 0001 to the solicitation updates the link at Paragraph 3.3.2 of the PWS.

12. Reference SECTION D – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS, Performance Work Statement Paragraph 3.3.2 Observer Training, p. 57.

Q: The first paragraph states that any Observer that has not worked in more than 6 months but less than 1 year will be required to take a 1-day briefing session before being deployed on a vessel. The last sentence of the paragraph also states that each observer must have a 5-day briefing session annually. Why would a 5-day briefing session be required for an observer that fits the criteria of only needing to attend a 1-day briefing class?

A: Amendment 0001 to the solicitation revises Paragraph 3.3.2 of the PWS to indicate that a 2-3 day refresher is required and eliminated the complex counting of months between trainings.

13. Reference SECTION E – SOLICITATION PROVISIONS, CAR 1352.215-70 PROPOSAL PREPARATION,

a) Q: Is the page limit of 30 for the Volume II – TECHNICAL PROPOSAL accurate? Given the amount of information requested by the Government in this volume, the limit seems excessively tight.

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to indicate that the 30 page limit does not include the Draft Quality Assurance Plan, the Draft Project Management Plan, Table of Contents, List of Tables and Figures, Summary of Technical Proposal or Exceptions and Deviations.

b) Q: Are the Draft Project Management Plan and Draft Quality Assurance Plan excluded from the page limitation of the Technical Proposal?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to indicate that the Draft Project Management Plan and Draft Quality Assurance Plan are excluded for the 30 page limit.

c) Q: Are the Project Management Plan and Quality Assurance Plan documents allowed to deviate from the Elite 12 double-spaced format/font?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to indicate that single spacing and Times New Roman font, 12 pitch type is acceptable for the Draft Management Plan and Draft Quality Assurance Plan.

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d) Q: Are the formats for tables and schedules that may be used in the Technical Proposal allowed to deviate from the Elite 12 double-spaced format/font?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to indicate that tables and figures may be single spaced and allows Times New Roman, 10 pitch type.

14. Q: For the proposal, is the only acceptable font "Elite"?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to address this question, revisions are indicated in strikeout and underscore.

15. Q: For the proposal, should references be from the past 3 years (page 66 of RFP) or past 5 years (page 92 of

RFP)

A: Amendment 0001 to the solicitation is issued and revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to indicate that past performance questionnaires are required for the past three years.

16. Q: Are the observers members of a union? Is there a CBA? Can we get a copy?

A: There is no CBA in place for this requirement.

17. Q: Can we get a list of the historical average (past 3 years) of deployments out of each port? Of those trips, what was the breakdown by gear type?

A: Amendment 0001 to the solicitation is issued and revises Paragraphs 3.3.9 and 3.3.10 of the PWS in the solicitation and addresses this question.

18. Q: How many observers have been trained in the past 3 training sessions?

A: This information is deemed the incumbent’s business approach and is not releasable.

19. Q: Can we get the specific coverage levels for each of the gear types?

A: Amendment 0001 to the solicitation is issued revising Paragraph 3.3.10 of the PWS and addresses this question.

20. Q: Where does the current contractor store GFE? Commercial space?

21. Q: Can we get an overview of data collection methods for each gear type (paper forms, ORCA) and how that data is transmitted to the government?

A: Data collection methods are outlined in the Field Manual. Amendment 0001 to the solicitation is issued includes and addresses data collection in revisions to Paragraph 3.2.(c) of the PWS as well as including a copy of the 2013 Field Manual.

22. Q: Can we get a copy of the training manual?

A: Amendment 0001 to the solicitation is issued and provides a copy of the Observer Training Manual and addresses this question; reference Appendix 1.

23. Q: What are the current covid-based debriefing procedures?

A: At this time, there are no Covid-based debriefing procedures.

24. Q: Does the government have a list of vessels, contact info, primary gear type, LOE, and homeport?

A: Amendment 0001 to the solicitation is issued and revises Paragraphs 3.3.9 and 3.3.10 of the PWS in the solicitation and addresses this question.

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25. Q: Can we get a copy of the placement checklist, observer health and safety questionnaire, or vessel inspection document?

A: Amendment 0001 to the solicitation is issued and provides a copy of the 2013 Field Manual and Observer Training Manual and addresses this question; reference Appendices 1 and 2.

26. Q: Are vessels reimbursed for Observer Food during a deployment?

A: Amendment 0001 to the solicitation is issued and revises PWS Paragraphs 3.3.4 and 3.3.9 addressing this question. Additionally, refer to Paragraphs 3.2.3(i) and 3.3.14.

27. Q: Are there standard standby pay scales, travel rates, if not GSA, and debriefing pay rates available?

A: No, this is something that would be part of your business approach.

28. Q: What are the anticipated dates for the 2021 Observer training (if already set)?

A: Dates have not yet been set.

29. Q: Can we send a management representative to the training?

A: Yes, training is open to provider staff.

30. Q: On page 90 (2) (C), the RFP states elite font, 12 pitch type (or equivalent). Please would you confirm that

Times New Roman is an acceptable alternative to elite?

A: Amendment 0001 to the solicitation is issued and revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to state that Times New Roman font, 12 pitch type is acceptable for the technical proposal.

31. Q: On page 90 (2) (C), the RFP states that the technical proposal shall be double-spaced and 12 pitch type.

Would it be acceptable to use single spacing and 11pt font in tables?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to indicate that tables and figures may be single spaced and allows Times New Roman, 10 pitch type.

32. Q: On page 90 (2) (C), the RFP states that corporate experience documents are excluded from the 30 pages.

Please will you provide an example of corporate experience documents?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to remove the reference to corporate experience documents in addition to adding Draft Management Plan, Draft Quality Assurance Plan, Table of Contents, List of Tables and Figures, Summary of Technical Proposal or Exceptions and Deviations as items excluded from the 30 page count limit.

33. Q: On page 90 (2) (C), the RFP identifies the need for a Table of Contents, List of Tables and Figures. Are these pages, the proposal cover sheet, and the Acronym List excluded from the 30 page limit?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to exclude Draft Management Plan, Draft Quality Assurance Plan, Table of Contents, List of Tables and Figures, Summary of Technical Proposal or Exceptions and Deviations from the 30 page count limit. An acronym list is not an item required in the proposal, so should you choose to include one, it would be included in the 30 count page limit.

34. Q: On page 92 (2) (C) the RFP states that Volume II shall be submitted via email. Please will you confirm that

Volumes I and III should also be submitted at the same time via email?

A: Paragraph (3)(i) of CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) states that Volume III is also required to be submitted by email. Amendment 0001 to the solicitation revises CAR 1352.215- 70 PROPOSAL PREPARATION (APR 2010) to indicate that one electronic copy of Volume I is required to be submitted via email.

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35. Q: On page 27, Section C, Schedule of Deliverables, the RFP identifies that a Draft Project Management Plan and a Draft Quality Assurance Plan are required at proposal submission. Pages 90 and 91 indicate that both plans are to be included in Factor 1- Management Approach. Given the 30 page limit, should these plans be included as Appendices to the proposal (and be in addition to the 30 page technical proposal limit) and submitted by email with the Technical Proposal or is it the Government's intention that they are included in the 30 page limit?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to exclude Draft Management Plan, Draft Quality Assurance Plan, Table of Contents, List of Tables and Figures, Summary of Technical Proposal or Exceptions and Deviations from the 30 page

36. Q: Page 9, (C) (ii) Format and Content lists contents (A)-(E) that should be included in the Technical Proposal.

Does the 30 page limit include all the listed contents or just apply to (D) Technical Proposal, with the other components exempt from the page limit?

A: Amendment 0001 to the solicitation revises CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) to exclude Draft Management Plan, Draft Quality Assurance Plan, Table of Contents, List of Tables and Figures, Summary of Technical Proposal or Exceptions and Deviations from the 30 page

37. Q: Can the government provide the amounts billed for equipment, supplies, and observer travel support costs for each or any of the last five years?

A: The specific amounts billed for these items are deemed the contractor’s business approach and not releasable. Additionally, as stated in the RFP, these items are reimbursable based on actual cost incurred up to $100,000.00 for each ordering period and is included for planning purposes.

38. Q: Over the last five years how many observed sea days were not considered “successful” by the government?

A: The requested information is tied to the incumbent’s performance and is not deemed publicly releasable information.

39. Q: Following the submittal of data what is the approximate time period it takes the government to accept the data?

A: There is no estimated timeframe as it can vary.

40. Q: Is the contractor responsible for storing surplus equipment and supplies or does the government store these items until they need to be issued to the contractor? If the former can the government estimate the space needed to safely and securely store the surplus equipment?

A: Amendment 0001 to the solicitation is issued and addresses responsibility of storage of equipment and supplies. The amount of space necessary is considered the contractor’s business approach.

41. Q: How many observers have been trained annually each of the last four years?

A: Information on how many observers have been trained annually is the incumbent’s business approach and not releasable. Amendment 0001 is issued and revises Paragraph 3.3.2 of the PWS and addresses information on required training for observers.

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42. Section 3.2.3 part F establishes the requirement that observers participate in all debriefings as required by the COR. (page 53) It states:

a. Q: “Government staff will debrief new Observers after each of their first two deployments.” Can the government define a deployment? How long is a deployment? How many days typically elapse between deployments?

A: Amendment 0001 is issued and provides revisions to Paragraph 3.3.9 of the PWS which indicates typical trip lengths. The length of time between trips is determined by the contractor based on their business approach.

b. Q: “The Contractor’s Program Manager or Observer Coordinator will conduct all subsequent debriefings with the Observer.” How many debriefings of this nature have been completed each of the last five years? How long on average to these debriefings take? Please describe the qualifications of the Observer Coordinator mentioned in this section and the general duties to be performed by this position.

A: Amendment 0001 is issued and revises Paragraphs 3.3.9 and 3.3.10 to include coverage information.

Additionally, this amendment provides revisions to Paragraph 3.1.2 changing Program Manager to Project Manager and including a definition for the Observer Coordinator. Information related to the number of debriefings and length of time taken is deemed the contractor’s business approach and not releasable.

c. Q: “The Government will debrief pelagic longline Observers after every completed longline trip.” On average how many days at sea is a longline trip? How many longline trips have been completed each of the last four years? How long does a typical longline debriefing take?

A: Amendment 0001 is issued and provides revisions to Paragraph 3.3.9 of the PWS in the solicitation to include estimated trip durations for each of the fishery types.

d. Q: Are debriefings performed in person and if so where? Is travel to and from debriefings reimbursable?

A: Amendment 0001 is issued and provides revisions to Paragraph 3.2.3 and 3.3.4 of the PWS and addresses this question.

43. Q: Section 3.2.4 Data Entry describes a new electronic data collection system. Will the equipment needed to use the system be provided by the government? If not what equipment is necessary?

A: Amendment 0001 to the solicitation is issued and revises Paragraph 3.2.4 of the PWS and addresses

44. Q: Section 3.3.1 Logistics and Operation Support for Observer Deployment states that support provided by the contractor shall include training. Section 3.3.2 Observer training states that a two week training course is conducted by the Government. Can the Government describe the training that will be provided by the contractor?

A: Amendment 0001 to the solicitation is issued and revises Paragraph 3.2.4 of the PWS and addresses

45. Q: Section 3.3.2 states the Government currently anticipates a maximum of one (1), two-week (8 hours day/5 days per week) training session and one (1) one-week briefing session will be conducted per contract year, unless otherwise scheduled. Over the last five years, by year how many observers have attended two week training sessions, how many observers have attended briefing sessions, and during what months have each of these sessions occurred? Where do the sessions occur? Is the contractor responsible for conducting the briefing sessions?

A: Amendment 0001 to the solicitation is issued and revises Paragraph 3.3.2 of the PWS and addresses

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46. Q: Section 3.3.7 Communications Log, Can the government provide the number of communications logged each month by each of the methods described in this section, i.e. made at the docks, in person, by telephone, fax, or by email?

47. Q: Section 3.3.9 Vessel Operations and Working Conditions- For each of the gear types described in this section can the government provide an estimated number of trips made, the number of observed trips, the number of sea days observed, by port, per month and year or any combination of this information to assist in determining the historic observed effort by fishery. How many vessels have historically used Bouy gear? What is the average trip duration by gear type?

A: Amendment 0001 is issued and provides revisions to Paragraph 3.3.9 of the PWS and addresses this question.

48. Q: Section 3.3.10 Monitor Fishing activity and Estimate Observer Coverage Requirements, How many vessels engaged in the fisheries to be observed are equipped with VMS units and is the contractor provided access to the system to monitor fishing activity? This section provides estimates intended for planning purposes. Can the Government provide the actual number of days billed each year by fishery listed for each or any of the last 5 years?

A: Amendment 0001 to the solicitation is issued and revises Paragraph 3.3.10 and addresses VMS coverage. The number of actual days billed each year is deemed the contractor’s business approach and is not releasable.

49. Q: Section 3.3.11 Observed Vessel Departure and Arrivals mentions a trip notification system. Can the

Government describe this system? Is it created by the Government or the Contractor?

A: Amendment 0001 to the solicitation is issued and revises Paragraph 3.3.11 and addresses this question.

50. Q: Can the Government provide the number of current observers by labor category, Fishery Observer I, II, and

III?

51. Q: On average how many debriefings does the government complete each year and how many debriefings does the contractor complete? How many hours are spent debriefing each year?

A: This would be dependent on how the contractor staffs their program.

52. Q: Are all debriefings conducted in person or are some completed via phone or some other communication method? What is the ratio of debriefings conducted in person to debriefings conducted remotely?

A: This is dependent on the contractor’s business approach.

53. Q: How are vessel surveys submitted to the government?

A: Amendment 0001 to the solicitation is issued and provides revisions to Paragraph 3.2.3(c) of the PWS which addresses this question.

54. Q: The PWS states that while at sea observers work an average of 8 hours per day. Are the observers permitted to stop working while at sea to avoid exceeding an 8 hour average? How many hours per day on average do observers work following a trip to complete post trip data entry and other duties? How many hours per day do observers work when at sea working in the capacity of a Technician on the research cruises?

A: Observers are expected to conclude work when it is complete, not necessarily at the 8 hour mark.

Work regularly exceeds 8 hours per day; the information provided is intended to be an informational guide in pricing proposals. Amendment 0001 to the solicitation is issued and provides revisions to Paragraph 3.3.12 and addresses this question.

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55. Q: Will the government elaborate on the type of data analysis that may be required? How many hours of data analysis are expected each year?

A: Amendment 0001 to the solicitation is issued and revises Paragraph 3.2.3 of the PWS and addresses

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PRICE SCHEDULE - CONTINUED

Contract Period Supplies/ Services Quantity Unit Unit Price Total Ordering Period I

September 1, 2021

– August 31, 2022

Observer coverage aboard commercial fishing vessels in accordance with the Performance Work Statement contained herein.

1,200 DA $ $

Estimate for equipment, supplies, and observer travel support as required in the Performance Work Statement contained herein.

Expenses to be reimbursed based on actual costs incurred and in accordance with Section C – Contract Clauses, paragraph titled, “Associated Travel.” A not-to-exceed amount of $100,000.00 is established for this item.

1 NTE

LS $100,000.00

Ordering Period II

September 1, 2022

– August 31, 2023

Observer coverage aboard commercial fishing vessels in accordance with the Performance Work Statement contained herein.

1,200 DA $ $

Estimate for equipment, supplies, and observer travel support as required in the Performance Work Statement contained herein.

Expenses to be reimbursed based on actual costs incurred and in accordance with Section C – Contract Clauses, paragraph titled, “Associated Travel.” A not-to-exceed amount of $100,000.00 is established for this item.

1 NTE

LS $100,000.00

Ordering Period III

September 1, 2023

– August 31, 2024

Observer coverage aboard commercial fishing vessels in accordance with the Performance Work Statement contained herein.

1,200 DA $ $

Estimate for equipment, supplies, and observer travel support as required in the Performance Work Statement contained herein.

Expenses to be reimbursed based on actual costs incurred and in accordance with Section C – Contract Clauses, paragraph titled, “Associated Travel.” A not-to-exceed amount of $100,000.00 is established for this item.

1 NTE

LS $100,000.00

Ordering Period IV

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PRICE SCHEDULE - CONTINUED

September 1, 20214

– August 31, 2025

Observer coverage aboard commercial fishing vessels in accordance with the Performance Work Statement contained herein.

1,200 DA $ $

Estimate for equipment, supplies, and observer travel support as required in the Performance Work Statement contained herein.

Expenses to be reimbursed based on actual costs incurred and in accordance with Section C – Contract Clauses, paragraph titled, “Associated Travel.” A not-to-exceed amount of $100,000.00 is established for this item.

1 NTE

LS $100,000.00

Ordering Period V

September 1, 2025

– August 31, 2026

Observer coverage aboard commercial fishing vessels in accordance with the Performance Work Statement contained herein.

1,200 DA $ $

Estimate for equipment, supplies, and observer travel support as required in the Performance Work Statement contained herein.

Expenses to be reimbursed based on actual costs incurred and in accordance with Section C – Contract Clauses, paragraph titled, “Associated Travel.” A not-to-exceed amount of $100,000.00 is established for this item.

1 NTE

LS

$1,000,000.00 $100,000.00

PLEASE NOTE: Offeror(s) MUST submit pricing for each ordering period in the above schedule. Failure to offer in this manner may result in the proposal’s rejection. Unit prices are firm-fixed-price daily rates. Proposed prices for these unit prices are to be fully loaded billable rates inclusive of all costs, e.g. labor, training, briefing, stand-by, sampling days, direct costs, indirect costs, overhead, G&A expenses, profit, etc. However, no expenses for equipment, supplies or observer travel shall be included in the daily sea day rate; these items are reimbursable under the line items for equipment, supplies and observer travel. The quantity designated for each ordering period is for evaluation purposes only and does not obligate the Government to purchase the full quantity of each of these items.

KEY

DA = Each Observed Sea Day LS = Lump Sum NTE = Not-to-Exceed

*The Amount noted above for equipment, supplies, and observer travel is an estimate for evaluation purposes only.

The Government is not obligated to expend or fund the estimated amount specified in the above schedule. Any equipment, supplies, and observer travel will be funded under individual task order(s) and reimbursed per Section D

– “CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS”, Performance Work Statement (PWS) paragraph 15– Reimbursable Items.

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PRICE SCHEDULE - CONTINUED

The amount of a firm fixed price set forth for each item in the Schedule of Items and cost will be earned for each successfully observed sea day provided by the Contractor. An “observed sea day” includes the following: (1) a day when the observer is on board the fishing vessel and the vessel is not in port; (2) a day when the observer is on board the vessel, going to, from or between fishing grounds; and (3) a day the vessel departs port and a day the vessel returns to port.

Failure to deliver data from an observed sea day includes: (1) no data delivery; (2) observer failure to participate in a timely debriefing; and (3) delivery of data where the data are determined to be fraudulent or of such poor quality as to be unusable.

If the Contractor fails to deliver data as described above, the observed day is not considered “successful” and the Contractor will therefore not receive payment.

The price for each successfully observed sea day may be billed in the regular billing period after the data from the trip is accepted by the Government.

The number of observed sea days listed in the Schedule is the Government’s best estimate. It does not guarantee the Contractor the total number of observer sea days to be performed. In no case shall the contractor exceed the number of funded sea days.

Travel is required and will be reimbursed based on actual expenses incurred and in accordance with the Federal Travel Regulation, and Section C – CONTRACT CLAUSES, Paragraph: ASSOCIATED TRAVEL. Cost reimbursement is authorized only for actual travel and Contractor-furnished equipment and supplies described in the PWS.

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SECTION C – CONTRACT CLAUSES

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00$10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $7,700,000.00;

(2) Any order for a combination of items in excess of $7,700,000.00; or

(3) A series of orders from the same ordering office within seven calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

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SECTION D – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

PERFORMANCE WORK STATEMENT

This firm-fixed price, commercial item acquisition with time and materials line items for equipment, supplies, travel and COVD-related expenses for fishery observer support for the National Marine Fisheries Service, West Coast Region, Sustainable Fisheries Division and any resulting contract(s) are subject to Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items in conjunction with FAR Part 15, Contracting by Negotiation. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2021-05 dated 3/10/2021.

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the following Performance Work Statement:

OBSERVER SUPPORT FOR NMFS, WEST COAST REGION, SUSTAINABLE FISHERIES

DIVISION

OVERVIEW

The National Oceanographic and Atmospheric Administration ’s (NOAA) mission is to understand and predict changes in the Earth’s environment and conserve and manage coastal and marine resources to meet our Nation’s economic, social, and environmental needs. NOAA’s National Marine Fisheries Service (NMFS) supports the overall NOAA mission by focusing on stewardship of living marine resources through science-based conservation and management and the promotion of healthy ecosystems.

NMFS is responsible for the management, conservation and protection of living marine resources within the United States Exclusive Economic Zone. NMFS also plays a supportive and advisory role in the management of living marine resources in coastal areas under state jurisdiction. It provides scientific and policy leadership in the international arena, and implements international conservation and management measures as appropriate.

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

Many natural and human-related factors affect the status of fish stocks, protected species and ecosystems.

Although these factors cannot all be controlled, available scientific and management tools enable the agency to have a strong influence on many of them. Maintaining and improving the health and productivity of these species is the heart of the NMFS mission. These activities will maintain and enhance current and future opportunities for the sustainable use of living marine resources as well as the health and biodiversity of their ecosystems.

NMFS has three objectives in its mission to protect, restore, and manage the use of coastal and oceanic resources: protect and restore ocean, coastal, and Great Lakes resources; recover protected species; and, rebuild and maintain sustainable fisheries.

NMFS will measure its performance against these objectives using the following measures:

1) Increased number of coastal and marine ecosystems maintained at a healthy and sustainable level

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2) Increased social and economic value of the marine environment and resources (e.g., seafood, recreation, and tourism)

3) Increased number of acres and stream-miles restored for coastal and ocean species

4) Increased number of protected species in a stable condition or in an upward trend

5) Increased number of managed species that are at optimum levels

6) Improved ecological conditions in coastal and ocean protected areas

The Government desires Contractor support, as described below, to satisfy these requirements.

1. 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 West Coast fisheries observed by NMFS West Coast Region (WCR). Data quality is of the utmost importance. Quality data collection, analysis, and dissemination are expected to increase the critical information gathered for stock assessments to manage the species.

This Performance Work Statement (PWS) defines the requirements and services necessary to provide program continuity, integrity, and productivity.

A. Background

The Government requires selection, supervision, and outfitting of all sea-going personnel needed to fulfill Federal fisheries obligations of the Observers for the West Coast Region Observer Program

(WCROP).

NMFS WCR has the obligation to monitor and to obtain estimates of the incidental take of marine mammals and other protected species in U.S. West Coast fisheries. Data are required to assess the potential impact of the fisheries on marine mammals, sea turtles and seabirds, specifically sperm whales, humpback whales, short-finned pilot whales, other strategic marine mammal stocks, leatherback and loggerhead sea turtles, and North Pacific albatross. Data are also required to document finfish bycatch.

Observer coverage aboard commercial fishing vessels is mandated by the Marine Mammal Protection Act (MMPA), Endangered Species Act (ESA) and the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). Section 118 of the MMPA provides for limited exemptions from the MMPA’s general prohibition on the take of marine mammals by commercial fishermen if the take is incidental, unintentional and occurs during the course of the commercial fishing operations.

Sea-going Observers work 40 hours or more per week as the sole contract employee aboard privately-owned commercial fishing vessels. Observers collect required information to assess the involvement of marine mammals, sea turtles, seabirds and finfish bycatch in the fisheries and acquire biological information for population and life studies.

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2. POLICIES AND REGULATIONS

In addition to the Federal Acquisition Regulation (FAR) clauses referred to and listed in Section I, Contract Clauses, the Contractor shall comply with the Federal Regulations, Acts, Executive Orders, Special Publications, Guidelines, NOAA Directives and Policies and standards listed below. This listing is not all-inclusive and is not intended to relieve the Contractor of its responsibilities for identification of applicable statutes, regulations and procedures and compliance therewith, when performing work under this PWS.

Magnuson-Stevens Fishery, Management, and Conservation Act (MSA) Marine Mammal Protection Act (MMPA) Endangered Species Act (ESA) Data Quality Control Act (P.L. 106-514) Information Technology Security Policy Fisheries Management Plans (FMP) Biological Opinions (BO) Take Reduction Team (TRT) NOAA Safety Standards Fair Labor Standards Act (FLSA) Service Contract Act (SCA) Department of Labor Wage Determinations Applicable Federal and State labor laws Observer Health and Safety regulations Federal, state, and local safety regulations

3. CONTRACT REQUIREMENTS

The Contractor shall meet all requirements of this document, especially the Government’s objectives as outlined above. The Contractor’s performance shall be evaluated against the performance measures cited in this PWS and detailed in Section C – Contract Clauses, paragraph titled Performance Measurements.

3.1 MANAGEMENT REQUIREMENTS

3.1.1 Project Management

The Contractor shall perform all Project Management functions including contract, technical, personnel, administrative, logistic, quality, business, and other management functions that are necessary to execute the total effort required by this PWS. The Contractor shall provide all personnel and other resources, except as otherwise specified in this PWS, necessary to accomplish these functions. The Contractor shall effect these management functions through an integrated management approach, including cost, schedule, and technical performance within an acceptable project management framework (e.g., Project Management Institute (PMI)). The Contractor shall develop and submit to the Government a Project Management Plan (as further defined in Section C – Contract Clauses, paragraph titled Performance Measurements) for approval that details how the Contractor will manage the contract and its Observer Program.

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3.1.2 Project Manager and Observer Coordinator

The Contractor shall assign a Project Manager to be the focal point for communications between the Government and the Contractor. The assigned Project Manager shall be designated as Key Personnel for this contract per in accordance with CAR 1352.237-75 – Key Personnel. The Project Manager shall be responsible for managing personnel resources such that emergencies and other short term ad hoc requirements are responded to without disruption and/or degradation of other services. The Project Manager shall collaborate with all parties (Government and vessel owners) as necessary to resolve issues at the lowest possible level.

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

The contractor shall assign an Observer Coordinator to be the main point of contact for debriefing, equipment distribution and maintenance and management and storage of collected samples and delivery of samples to the SWFSC for the contractor.

3.1.3 Management Reporting and Coordination

The Contractor shall prepare and submit to the Contracting Officer (CO) , Contracting Officer’s Representative (COR) and the Fisheries Project Manager (FPM) a monthly Status Report, as listed in CAR 1352.237-74 Progress Reports, that provides monthly information on project status to include monthly, year-to-date, and contract award-to-date financial expenditures; Observer recruitment and retention monthly status; monthly deployment schedules and debriefing schedules; the tracking status of Observer training and certifications; any problems or issues encountered; and other information as may be requested by the COR.

3.1.4 Performance Management

The Contractor shall manage the contract to meet the performance measures specified in Section C – Contract Clauses, paragraph titled Performance Measurements. The Contractor shall measure the appropriate metrics, as defined in this paragraph and report the results in accordance with Section C – Contract Clauses, paragraph titled Schedule of Deliverables.

3.1.5 Quality Assurance Management

The Contractor shall develop and submit to the Government a Contractor Quality Assurance Plan, as referenced in Section C – Contract Clauses, paragraph titled Schedule of Deliverables, which details how the Contractor will ensure effectiveness and efficiency of collection efforts as well as the quality of data collected by its Observers. The Contractor shall further establish, implement, and maintain a Quality Assurance Management program to ensure consistent quality of all work products and services performed under this contract.

3.2 OPERATIONAL REQUIREMENTS

Observers are deployed, in accordance with sea day schedules developed by the Government or the contractor, to vessels, which may use any of several types of fishing gear. Examples of the types of gear sampled include, but are not limited to: gillnets, hook and line, buoy gear and longlines. Due to changing availability of funding, changes in the fishery management, such as emergency closures, court ordered

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closures, weather, and unforeseen events; sea day scheduling must remain flexible. Additional funding for special projects and additional sea days may be added to the contract or task order within the scope and maximum allowable sea days.

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

3.2.1 Observer Recruitment and Retention Requirements

The recruitment and retention of fully qualified Observers is essential to successful performance under the contract. Observers shall be employees of the Contractor. The Contractor shall provide sufficient qualified Observers to complete the sea day coverage requirement for task orders by selecting the best candidates. At least 95% of new Observer recruits shall pass the required training course (including safety training) and the required physical examination and complete any required probationary trips. The Contractor shall manage its Observers to retain both experienced observers and new observers. Contractor performance will be measured in accordance with the performance measurements listed in Section C – Contract Clauses, paragraph titled Performance Measurements.

3.2.2 Observer Qualifications

3.2.2.1 Education/Experience

Unless the Regional Administrator or Science Director has waived this requirement, Observer candidates must have: 1) a bachelor's degree from an accredited college or university with a major in one of the natural sciences and a minimum of 30 semester hours or equivalent in the biological sciences, 2) at least one undergraduate course in math or statistics; and 3) experience with data entry on computers. All relevant course work must been performed at a level acceptable for credit at the candidate’s academic institution.

3.2.2.2 Training Requirement

Observer candidates must complete required Observer training by passing a written and/or oral tests with an overall score of 85% or greater. In addition, candidates must successfully complete the safety training that includes reviewing the risks of participating in hands on training as identified in the acknowledgment of risk form.

3.2.2.3 Conflict of Interest

An Observer:

(1) May not have a direct financial interest, other than the provision of Observer services, in the fishery, including, but not limited to,

(i) Any ownership, mortgage holder, or other secured interest in a vessel or processor involved in the catching, taking, harvesting or processing of fish;

(ii) Any business involved with selling supplies or services to any vessel or processor in the fishery;

(iii) Any business involved with purchasing raw or processed products from any vessel or processor in the fishery.

(2) May not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who either conducts activities that are regulated by NMFS or has interests that may be substantially affected by the performance or nonperformance of the Observer’s official duties.

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(3) May not serve as Observers on any vessels or at any processors owned or operated by a person who previously employed the Observers in another capacity (e.g., as a crewmember).

(4) May not solicit or accept employment as a crewmember or an employee of a vessel or processor while employed by an Observer provider.

3.2.2.4 Physical/Medical Condition

A licensed physician must certify not more than 12 month prior to the end of the Observer training that the Observer candidate is physically and psychologically capable of serving as an Observer. Certification must be provided to the program prior to the Observer candidate’s completion of training.

The contractor shall provide medical fitness screening for each prospective Observer candidate prior to the beginning date of the scheduled Observer training or briefing session. Each prospective Observer candidate must:

(a)…