1305M322QNFFK0062 Form SF1449 (final).pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year

0001 THREE OPERATIONS TO BE CONDUCTED

BETWEEN OCTOBER 1, 2022 - SEPTEMBER 30,

2023 THAT INCLUDE THE VESSEL, ROV, AND CREW

NECESSARY TO CONDUCT SURVEY AND HAUL

DEEP-SET LOBSTER GEAR. OPERATION DATES

AND LOCATIONS WILL BE DETERMINED BY NED.

Period of Performance: 10/01/2022 to 09/30/2023

3.00 EA

0002 Transportation of Lobster Gear seized during the operations from Contractor's vessel to joint base OTIS in accordance with the Performance Work Statement.

Contractor shall provide all labor, equipment, materials, transportation, supervision, and other non-personal services necessary to complete the work identified within the PWS.

Period of Performance: 10/01/2022 to 09/30/2023

3.00 EA

PAGE 3 OF 42 1305M322QNFFK0062

Table of Contents

Instructions to Quoters

Evaluation Criteria

Statement of Work

52.203-3aa GRATUITIES (APR 1984)

52.203-17aa CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

52.204-7aa SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13aa SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.212-4aa CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)... 19

52.219-14aa LIMITATIONS ON SUBCONTRACTING (SEP 2021)

52.232-40aa PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)

1352.201-70aa CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73aa COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74aa ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

52.204-24aa REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.204-26aa COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.212-3aa OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2022)

52.212-5aa CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

52.233-2aa SERVICE OF PROTEST (SEP 2006)

52.252-1aa SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2aa CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5aa AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.252-6aa AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

1352.201-72aa CONTRACTING OFFICER`S REPRESENTATIVE (COR) (APR 2010)

1352.215-72aa INQUIRIES (APR 2010)

1352.228-70aa INSURANCE COVERAGE (APR 2010)

1352.233-70aa AGENCY PROTESTS (APR 2010)

1352.233-71aa GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.246-70aa PLACE OF ACCEPTANCE (APR 2010)

1352.270-70aa PERIOD OF PERFORMANCE (APR 2010)

1330-52.203-71aa NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

1330-52.222-71aa NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY APPLICABLE

TO CREW MEMBERS OF VESSELS UNDER NOAA CONTRACT OR ORDER (MAY 2018)

1330-52.237-70aa CONTRACTOR COMMUNICATIONS

1330-52.237-71aa NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)..40

1330-52.242-70aa SUBMITTAL OF INVOICES

1330-52.243-70aa REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304aa NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

PAGE 4 OF 42 1305M322QNFFK0062

CLAUSES

Instructions to Quoters

PAGE 5 OF 42 1305M322QNFFK0062

FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

Applied with the following addendum:

Addendum: All references herein to “offerors” shall be construed as “Vendors,” and all references herein to “offers” or “bids” shall be construed as “quotes.” The text of paragraph “c” is changed to read “The Vendor agrees to hold the prices in its quote firm for 180 calendar days from the date specified for receipt of quotes.” The text of paragraph “f” is hereby deleted and annotated as “Reserved.” The text of paragraph “l” is deleted.

NOTICE DATE: July 14, 2022

Response Due: Wednesday, July 27, 2022 2:00pm MST

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.

2021-05 dated 03/10/2021. 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

IS A COMBINED SYNOPSIS/SOLICITATION AND ANNOUNCEMENT.

The National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division, on behalf of the National Marine Fisheries Service (NMFS), Office of Law Enforcement (OLE) is soliciting quotes for Lobster Gear Inspection 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 $16.5M.

The Government anticipates awarding a Firm-Fixed-Price contract with a Base Period of October 1, 2022 through September 30, 2023.

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

Quote Preparation: The cover should indicate the following:

• Title of the Quote

• Volume Number (I, II, or III)

• Quote Category (Business, Technical, Price Quote)

• Request for Quote (RFQ) Number

PAGE 6 OF 42 1305M322QNFFK0062

• Name and address of Vendor, Cage Code, UEI, Business Size and applicable TAX I.D.

Number (TIN)

• Quote validity period of 180 days from date of quote submission

• Quote shall be submitted electronically to Monica Cowdrey at monica.cowdrey@noaa.gov

Overall Arrangement of Quote:

(1) Volume I- Business Quote

(A) Volume I, Business Quote, consists of the actual quote to enter into a contract to perform the desired work. It also includes required representations, certifications, and acknowledgments, if applicable; justifications for noncompetitive proposed subcontracts;

identification of technical data to be withheld; and any other required administrative information.

(B) Format and Content. Volume I, Business Quote, shall include the following documents (in the order listed):

The Signed Standard Form 1449, with pricing filled in on page 3.

(2) Volume II- Technical Quote

(A) Volume II, Technical Quote, consists of the Vendor’s quote delineating its capabilities and how it intends to perform contract requirements. The Technical quote shall be evaluated in accordance with FAR 52.212-2.

(B) In order for the technical quote to be evaluated strictly on the merit of the material submitted, no contractual price information is to be included in Volume II.

(C) The technical quote must be typed, single-spaced, with one inch margins, using 12 pitch type (or equivalent) and printed, unreduced in size, on 8 ½” by 11'' paper, not exceeding twenty (20) pages, single-sided (excluding graphics), exclusive of cover pages, table of contents, list of figures, list of tables, acronym list, and related past performance information.

Any pages in excess of twenty (20) will be disregarded, and will not be included in the quote evaluation. Failure of the Vendor to comply with the page limitations, resulting in the excess pages not being evaluated, shall not constitute grounds for a protest.

(I) Factor 1 – Technical

Vendors shall describe their Technical capabilities and Personnel to satisfy the government’s requirement. The vendor quotes will be evaluated to determine if the submission demonstrates an understanding and capability to perform the requirements of the Statement of Work. The specific items to be addressed in Technical response shall include:

(a) The Contractor shall provide a description of their technical approach to conduct missions in accordance with the SOW.

PAGE 7 OF 42 1305M322QNFFK0062

(b) Vessel characteristics, configuration, and documentation to meet the requirements as described in the SOW.

(c) Remotely Operated Vehicle (ROV) capabilities to support subsurface fixed deep-set lobster gear inspections as specified in the SOW.

(d) Vessel Port Availability, options should be within reasonable distance of the operation locations.

(e) Vessel Personnel: the vendor shall demonstrate the proposed captain, crew, and operators have the required skills to support the contract at the level required. The vendor should demonstrate the proposed personnel's expertise and qualifications including copies of licenses and relevant work experience as required in the SOW.

(II) Factor 2- Past Performance

The vendor's past performance on related contracts shall be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

The vendor shall demonstrate recent and relevant past performance on three (3) contracts or affirmatively state that it possesses no relevant past performance. Include a maximum of three

(3) contracts performed within the past three (3) years prior to the solicitation closing date that are similar in scope, complexity and magnitude to this solicitation and include:

1. Contract Number (When available include relevant /applicable Indefinite Delivery, Indefinite Quantity (ID/IQ) Task Order Numbers, not just the Base ID/IQ number.)

2. Name and Address of the Government Agency or Commercial Entity

3. Brief Description of Work/Services provided, the results achieved, and the Relevance to the requirements herein

4. Point of Contact with Current Phone Number and E-Mail Address

5. Date of Contract Award

6. Period of Performance

7. Initial and Current Contract Value, and the Extent of Subcontracting.

For each contract, provide a narrative account of the work performed and include the following elements:

• Description of the methodology, tools, and processes utilized in performing the work

• Adherence to project schedule and cost

• Problems encountered and corrective actions taken

PAGE 8 OF 42 1305M322QNFFK0062

Vendors that are newly formed entities or otherwise lack relevant prior contracts will be given a neutral rating for past performance. . The Government reserves the right to contact other sources to obtain information on the vendor’s past performance.

References can include both Government and commercial contracts and subcontracts.

(3) Volume III - Price

The Vendor shall provide pricing for contract line items (CLINs) 0001 and 0002 on the Form SF1449 (page 3). Vendors are required to provide a unit price for all items. A zero dollar figure ($0.00) unit price means the vendor will provide the service or supply at no charge to the Government.

NOTE: Unit prices left blank or annotated with something other than a dollar figure shall not be considered UNACCEPTABLE and the Quote may be rejected without any further consideration.

(End of Provision)

Evaluation Criteria

PAGE 9 OF 42 1305M322QNFFK0062

ADDENDUM TO FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT

2014)

The Government will award a contract resulting from this solicitation to the responsible Vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Evaluation will be made based on the lowest priced, technically acceptable quote received. The following factors shall be used to evaluate quotes:

1. Technical Approach

The contractor shall provide a Technical Capabilities statement/response, no more than twenty (20) pages, that explains ability to meet the requirements specified within the attached Statement of Work.

2. Past Performance

The vendor's past performance on related contracts shall be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

The vendor shall demonstrate recent and relevant past performance on three (3) contracts or affirmatively state that it possesses no relevant past performance. Include a maximum of three (3) contracts performed within the past three (3) years prior to the solicitation closing date that are similar in scope, complexity and magnitude to this solicitation.

3. Price

Price Quote: Price quote will be evaluated based on the lump sum pricing for both line items. NOAA will evaluate the contractor’s quoted price for fairness and reasonableness in relation to this RFQ’s requirements against the contractor’s pricing.

The Government reserves the right not to award a contract.

All quotes received will be evaluated in accordance with the evaluation criteria. The Government reserves the right to make an award without discussions based solely on initial quotes. Therefore, contractors should ensure that their initial quote constitutes their best offer in terms of both price and the Technical Capabilities being proposed.

(End of Provision)

Statement of Work

PAGE 10 OF 42 1305M322QNFFK0062

STATEMENT OF WORK

NOAA Office of Law Enforcement, Northeast Enforcement Division

LOBSTER GEAR INSPECTION SERVICES

Background:

NOAA Fisheries, Office of Law Enforcement (OLE) is tasked with protecting our nation’s living marine resources. OLE’s Northeast Division lists fishing gear compliance under the Magnuson Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act as one of its priorities for a sustainable lobster fishery.

Additionally, identifying gear violations prohibited by the Endangered Species Act and Marine Mammal Protection Act is a regional priority. Specific gear configurations such as weak links and sinking ground lines are required to mitigate large whale entanglements. The need for inspecting the fixed lobster gear is two-fold. First, OLE must enforce regulations for the sustainability of the fishery. Second, the strict enforcement of trap limits and gear compliance could have a significant impact on the number of vertical and ground lines allowed in the water.

The number of vertical and ground lines in the water directly correlates to the injury and mortality of large whale species to include the critically endangered North Atlantic Right Whale.

All data collected and hauling operations will be used to identify any violations, collect evidence and conduct follow up investigations and enforcement action.

General Requirements:

Use of a support vessel with a Remotely Operated Vehicle (ROV) to provide imagery of lobster gear (traps and lines) in waters approximately 75 to 200 miles offshore of New England within depths up to 800 ft. Video and still images will be retained and examined for compliance with federal fisheries and protected resources regulations. In addition, Law Enforcement personnel will request the hauling of suspected non-compliant gear aboard the vessel for inspection to ensure compliance with federal fisheries and protected resource regulations. Video and still images will be retained for documentary and or potential evidence per agency policy. Non-compliant gear may be subject to seizure. Compliant gear will then be re-deployed in a manner consistent with the original location and returned to the ocean floor in good working order with standard practices commonly used in the lobster industry.

Scope of Work, Non-Personal Services:

This project will require an ROV service with a support vessel to conduct three underwater missions and associated hauling operations in the EEZ in LMA3 (see chart below). The three (3) missions will be conducted on dates agreed upon with OLE. The exact dates of the project are flexible due to weather and hydrographic conditions. The ROV with attached lights, camera, and imaging sonar will be deployed from the support vessel and dive on fixed lobster gear to record imagery of traps and lines in selected areas. Video data and still images will be used to identify compliance levels and conduct further investigation or enforcement action as needed. As part of the missions, the ROV will be required to operate in depths up to 800 ft. with an average

PAGE 11 OF 42 1305M322QNFFK0062

working depth of 400 ft. In addition, the support vessel must be capable of hauling up to 50 lobster trap trawls and associated rope and buoy gear for additional inspection by Law Enforcement Officers.

The contractor shall hire and provide the support vessel, ROV, captains, crew, and ROV operator that meet the specifications outlined in this document to NOAA Fisheries, OLE. The vessel will be used in performing deployment and retrieval of a remotely operated vehicle and tether. The ROV will be provided by the contractor. The vessel will also be used in performing survey, retrieval, inspection, and deployment of offshore lobster gear. To support ROV dives, the support vessel will provide survey capability with a multibeam echo-sounder system (MBES) that enables real-time mapping of the seafloor, provides the resolution necessary to detect lobster traps on the seafloor at inspection depths and integrates with subsea software that plots and records real-time positions of lobster traps on the seafloor. The contractor will provide all associated equipment needed to haul and set the lobster gear. In addition, the proposed vessel daily rate will include services of captain, crew, fuel and stores for the commercial vessel to transit to and from the site and complete the mission. Stores will be included for participating law enforcement personnel. The mission will require the vessels to operate up to a total of seven days from dock to dock provided the vessel departs from a commercial port in New England.

Departure location may vary based on mission requirements, but is limited to ports in New England. Up to three law enforcement personnel will be required onboard the vessel during the project in order to select gear for inspection, record data, and potentially conduct the seizure of noncompliant gear.

The contractor shall provide transportation of one to two lobster trap trawls seized during each operation from the contracted vessel at its docking location to Joint Base Otis on Cape Cod;

including all necessary labor, equipment, and materials.

Proposed Work:

Performance under this contract known as “Work”. Contractor shall be fully knowledgeable of all contract requirements and shall ensure Work is accomplished in accordance with the terms and conditions of the contract in a manner that will promote and maintain a safe environment.

Prior to each operation the contractor shall provide the Pre-Departure Checklist, confirming the vessel and other equipment related to this project are in good working order, meeting the specification of this requirement. The Pre-Departure Checklist shall be provided to the Contracting Officer (CO), Contracting Officer Representative (COR), and Technical Point of Contact (TPOC).

The project will be conducted by a commercial support vessel with a minimum of 100 ft. length overall preferably with dynamic positioning. The vessel shall depart from a commercial port in New England. Port departure will be determined based on proximity to the targeted operational area. Inspection depths will range from 150 ft. to 800 ft. and will not exceed a distance further than 200 miles from land. Sets of surface gear will be selected at random for subsurface

PAGE 12 OF 42 1305M322QNFFK0062

inspection in the selected area. Additionally, suspected non-compliant gear will be hauled, stacked on deck and prepared for inspection. Inspections for compliance will be conducted by law enforcement personnel. Should gear be determined to be non-compliant, law enforcement personnel will decide whether to reset the gear or seize the gear. Should the decision be made to seize the gear, the contracted support vessel will be required to transport the gear back to shore.

Further general coordinates within LMA 3 will be provided by OLE to the contractor prior to and during the operation. The contractor will be responsible for distributing the inspection site coordinates to the captain, mate, crew and ROV operator. Specific coordinates within LMA3 will be provided directly to the captain during the operation. A crew experienced in hauling offshore lobster gear and an experienced ROV operator shall be provided by the contractor. The support vessel will be equipped with high definition (HD) side scan sonar, also known as a multibeam echosounder system (MBES) that is affixed to the ship’s hull or deployable over the side as a towfish. The side scan sonar will have the capability to map the seafloor and detect lobster traps on the seafloor at inspection depths. Further the HD side scan sonar will integrate with a subsea navigation software with the ability to marking GPS position(s) of a suspected lobster traps location on the sea floor in real time, to record and overlay suspect lobster trap position data from side scan imagery onto a nautical chart, and record side scan imagery and/or position data into a GIS file supported by ESRI arcGIS. The ROV will be capable of sustained operation and equipped with a high definition video camera capable of providing a live video feed with recording capability. Additional ROV requirements are tether management system, imaging sonar, lights, vectored thrusters, manipulator arm, station keeping ability in up to 3 knots of current, and integration with a subsea navigation software that will display GPS position of ROV during the dive on a nautical chart in real-time as well as record positions during the dive in a GIS file format supported by ESRI ArcGIS. An ultra-short base line (USBL) system is required for ROV location tracking. The operator will reference the vertical end lines of lobster gear as well as HD side scan sonar fixed positions to support a dive to the sea floor to inspect traps and ground line. A clump weight will be required to reduce the amount of drag on the tether in the water column and enable deployment of the ROV directly to a lobster trap identified on the seafloor by HD side scan sonar. An area on the vessel protected from the elements will be required to operate the ROV and monitor and record imagery. Radio communications will be maintained between the captain, ROV operator and law enforcement personnel. The date, time and exact latitude and longitude in decimal degrees will be recorded at the beginning of each gear inspection. The mission day will consist of an average of 4 separate ROV dives but may vary based on location of sites, weather, and hydrographic conditions. Law enforcement personnel will actively observe the video feed and maintain communications with the ROV operator and captain during the operation. A copy of the ROV video footage on a USB drive, DVD or hard drive shall be provided by the contractor to OLE upon completion of the operation.

In addition, the support vessel operator will locate the vertical lines of lobster gear and haul the gear onboard the vessel for inspection at the direction of law enforcement personnel. Upon completing the inspection, any gear inspected and deemed compliant will be returned to the ocean floor in good working order with standard practices commonly used in the lobster industry. Each mission will last up to 7 days and will consist of an average workday of eight to twelve hours but may vary based on location of sites and weather. Law enforcement personnel will actively inspect, video and document all gear brought onboard the vessel.

PAGE 13 OF 42 1305M322QNFFK0062

At the completion of each operation the contractor will unload the seized lobster trawls from the vessel; remove and discard bait; load trawls onto moving vehicle(s); transport to OTIS; and unload at OTIS for storage. The one-two trawls will remain intact during the transportation process (traps, buoys, flyers, and lines). Assuming the traps are either: a) 60″ x 24″ x 15″ = 12.5 cubic feet or b) 48″ x 21″ x 13.5″ = 7.875 cubic feet; 630-1000 cubic feet of space on the truck/trailer for two trawls would be required. Roughly up to 10,000ft of at least 1/2 line is roughly 2500lbs of line. Access to the OTIS Base for any contract carrier, requires submission of the JBCC Event/Project 3-5 working days prior to arrival for background checks.

Period of Performance:

October 1, 2022 – September 30, 2023

Place of Performance:

The fieldwork will take place aboard a contract vessel in the waters approximately 75 to 200 miles offshore of New England in LMA3.

The transportation services will take place at the Contractor’s docking location to Joint Base OTIS, Connery Ave, Buzzards Bay, MA 02542.

Offshore Management Area 3 is defined by the following points connected in the order listed by straight lines:

PAGE 14 OF 42 1305M322QNFFK0062

PAGE 15 OF 42 1305M322QNFFK0062

PAGE 16 OF 42 1305M322QNFFK0062

Schedule of Deliverables:

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Deliverabl e

Quantity Description Operation Timelines

1 3 Up to 7 days at sea including 3-4 full days conducting gear inspections.

Between October 1, 2022 – September 30, 2 3 Transportation service of 1-2 trawls from Contractor’s dock to OTIS.

Between October 1, 2022 – September 30, Travel:

The contract vessel will be required to stage in the New England commercial port agreed upon based on the location of the operation. Any required travel costs incurred by the contractor in order to complete the project shall be incorporated into the total operational cost.

Points of Contact:

COR: Megan Natti, Management and Program Analyst, (978) 281-9178

TPOC: Justin Hanacek, Enforcement Officer, (757) 751-2028

Requirements:

The proposed Contractor must possess and maintain the following certifications and/or credentials during the period of performance:

● Occupational Safety and Health Administration

● US Coast Guard Documented Vessel

● US Coast Guard Captain Licensed Operator

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

PAGE 17 OF 42 1305M322QNFFK0062

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.

Service Output Performance Objective

Acceptable Quality Level (AQL)

1. Retrieval of lobster gear No damage to gear and loaded on deck to support law enforcement inspection

+/- 1%

2. Resetting of lobster gear No damage to gear and reset using standard fishing industry practices to support fishing

+/- 1%

3. ROV Operation No issues retrieving and memorializing clear imagery to conduct adequate inspection

+/- 1%

4. Survey Work No issues performing pre-inspection and pre-ROV dive

+/- 1%

PAGE 18 OF 42 1305M322QNFFK0062

survey work to identify and record GPS position(s) of suspect lobster trap(s) within a trawl selected for inspection

Confidentiality and Data Privacy:

This contract may require that services contractors have access to Privacy Information. Service 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).

Government Furnished Resources:

The Government will not furnish any resources to the Contractor in support of this contract.

Intellectual Property Rights:

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. Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

(Reference 52.203-17)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Reference 52.212-4)

52.219-14 LIMITATIONS ON SUBCONTRACTING (SEP 2021)

(Reference 52.219-14)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) (Reference 52.232-40)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, PAGE 19 OF 42 1305M322QNFFK0062 system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

PAGE 20 OF 42 1305M322QNFFK0062

(End Of Provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry'' have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision-- "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB)concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

PAGE 21 OF 42 1305M322QNFFK0062

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.