FormSF30 Amendment 0001 4172023.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)

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

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

See Attachment Page.

1 59

1305M323RNFFT00060001 APR 17, 2023 NF-FT5300-22-01778

FT500001

NMFS/PIRO

NOAA/IRC

1845 WASP BLVD. BLDG 176

HONOLULU HI 96818-5007

1305M323RNFFT0006

APR 03, 2023

See Schedule

Attachment Page

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1305M323RNFFT0006 Amendment 001 is issued to address questions submitted and to make the following changes to the Performance Work Statement (PWS) in response to those questions. Any changes made to the PWS are added in RED. Strike-through indicates deletion.

1. Attachment 4 – Past Performance Questionnaire was updated.

2. The Table in PWS Section 7.H was updated.

3. CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) Volume II – TECHNICAL PROPOSAL (i)(C) was updated.

4. Attachment 6 – Wage Determination 2015-5689 Rev 19 is incorporated to the solicitation attachment list. .

All other terms and conditions remain unchanged. This amendment does NOT extend the solicitation submission date.

Question 1. The instructions require the proposal to be double-spaced and not exceeding 30 pages. Would the Government consider removing the double-spacing requirement to allow for a more complete technical response?

Answer: The Technical Proposal will remain double-spaced.

Question 2. How many references are required?

Answer: There are no specific number of references required. As stated in CAR 1352.215-75 EVALUATION CRITERIA (APR 2010) (a) FACTOR 3 - Past Performance, “If an offeror (inclusive of subcontractors) does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating; however, an offeror without a history of relevant experience may receive a lowered rating.”

Question 3. Can the questionnaire submittal date be extended to match the proposal due date?

Answer: Amendment 001 corrects Attachment 4. The questionnaire submittal date is April 28, 2023.

Question 4. A performance based Quality Control plan is required to be submitted with the proposal. Can this document be included as an attachment and not included in the page count?

Answer: Amendment 001 updates section CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) (2)(iii) to exclude the Performance-Based Quality Control Plan from the 30 Page Limit. The Performance-Based Quality Control Plan is limited to five (5) pages.

Question 5. The incumbent CBA does not provide for health and welfare benefits. Under the Service Contract Labor Standards (formerly known as the Service Contract Act), CBA wages and benefits take the place of the area wage determination for the first contract period. See 29 CFR 4.1b(a). Because of that, can you confirm that offerors are not required to price H&W benefits?

Answer: Please see Page 7, Article 7.02 of the CBA which states that:”The Company will provide healthcare and disability insurance in the types and amounts required by Federal or State regulations or requirements while employees are employed under this Agreement as set forth in Section 3.01 above. The Company will be responsible for 100 percent of the costs of providing this coverage.

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Question 6. Please clarify the due date of completed past performance questionnaires. The solicitation states they must be received by the solicitation closing date. Attachment 4 states they are due April 14th. A due date to coincide with the proposal due date is requested in order to give references additional time to complete the questionnaire.

Answer: Amendment 001 corrects Attachment 4. The questionnaire submittal date is April 28, 2023.

Question 7. The current date for proposals is 04/28. The solicitation was published, 04/03. Will the government extend the due date to 05/12 to provide 30 business days for offerors to prepare an adequate response?

Answer: Given the multiple notices posted to SAM.GOV, the closing date will remain April 28, 2023 to ensure a timely award.

Question 8. Will the cost for gear storage facilities in Honolulu and American Samoa be billed to the T & M CLINS?

Answer: Yes, per PWS section 3.C.ii. American Samoa which states, “The Government will reimburse the contractor for the gear storage facilities in Honolulu, HI and American Samoa and associated utilities costs on an actual basis, including electricity and waste removal.”

Question 9. Can the government provide the start and end points, anticipated frequency, volume, and conditions that need to be maintained to perform the sample transportation mentioned in section 2.B.?

Answer: Sample transportation will be from the vessel to the gear storage facility. When a sample delivery is scheduled with NMFS, the samples will be delivered to the NMFS Pacific Islands Fisheries Science Center located at the Inouye Regional Center, 1845 Wasp Blvd. on Ford Island. The frequency of sample delivery depends upon the how many protected species samples (turtles for example) are collected. Generally, delivery to NMFS is about once a month. Sometimes, NMFS scientists will go to the gear facility and pick up samples. Most all samples are frozen and no special conditions need to be maintained during transport. The volume also varies. Turtle specimens can be large and are best transported in a truck or in a minivan.

Question 10. Will the Government reimburse the contractor for the cost of approved observer supplies necessary to maintain the inventory?

Answer: Yes, if the supplies necessary to maintain the inventory are approved by the COR before being purchased, per the PWS Section 3.C.

Question 11. Does the government provide the bedbug mitigation equipment mentioned in section 3.C.i.?

Answer: The bed bug mitigation equipment discussed in 3.C.i. refers to the walk-in freezer currently used to freeze bed bugs and hand-held steamers. The government owns and will provide the walk-in freezer and two (2) or three (3) steamers used to treat bedbugs.

Question 12. 3.F. Vessel Notification- How many letters are expected to be mailed annually?

Answer: A maximum of 164 permits.

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Question 13. 3.G.i. Placement Meetings- States the following: Since vessel notification requirements limit response time, observers must be prepared for sudden sea assignments. What are the vessel notification requirements?

Answer: Please see Section 665.808 Conditions for at sea observer coverage at the following link:

https://www.ecfr.gov/current/title-50/chapter-VI/part-665/subpart-F#665.808.

Question 14. How many observers have been trained each of the last five years?

Answer: The following is provided for informational and proposal preparation information purposes only:

2018 – 23 people

2019 – 12 people

2020 – Eight (8) people

2021 – 18 people

2022 – 27 people

Question 15. How many observers attended two day retraining each of the last two years?

Answer: The following is provided for informational and proposal preparation information purposes only: One (1) person in 2022 and one (1) person in 2021.

Question 16. How many observers attended five day retraining each of the last two years?

Answer: The following is provided for informational and proposal preparation information purposes only: No observers attended five (5) day retraining.

Question 17. How many observers attended marine safety refresher training each of the last two years?

Answer: The following is provided for informational and proposal preparation information purposes only: 10 people in 2022, and10 people in 2021.

Question 18. Is the Performance-Based Quality Control plan to be included with an offeror’s proposal include in the 30 page limit

Answer: Amendment 001 updates section CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) (2)(iii) to exclude the Performance-Based Quality Control Plan from the 30 Page Limit. The Performance-Based Quality Control Plan is

Question 19. Section Reference: Section D, 3.H Pg. 52. Past coverage levels in the deep-set Hawaii and A. Samoa fisheries were set at a minimum of 15% for any/all quarters and 20% for the year. This RFP does not mention a 20% annual coverage expectation. Is it safe to assume that the maximum annual coverage expectation for these fisheries is now 15%?

Answer: Yes, the annual coverage expectation for these fisheries is now 15%. Per PWS Section 3.H, “Contractors shall be prepared to provide coverage from 12% to a maximum of 20%. The anticipated percentage amount for the base period is estimated to be 15%.” Additionally, per 3.H.i.: “The observer coverage is subject to change and the contractor will be notified within three (3) months of any such change impacting the required percent coverage level.”

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Question 20. What are the numbers of trips/days per quarter for the years 2018-2022 broken down by the three fishery categories (shallow-set, deep-set and A. Samoa)?

Answer: Please refer to the following link: https://www.fisheries.noaa.gov/resource/data/pacific-islands-longline-quarterly-and-annual-reports.

Question 21. Section Reference: (2) Volume II –Technical Proposal (i) General, (C) Pg. 75. Would the government consider increasing the page count?

Answer: The page count will remain at 30 pages.

Question 22. Section Reference: Section 11. Quality Control/Assurance Measures. Is the Performance-Based Quality Control Plan excluded from the 30 page limitation of the Technical Proposal?

Answer: Amendment 001 updates section CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) (2)(iii) to exclude the Performance-Based Quality Control Plan from the 30 Page Limit. The Performance-Based Quality Control Plan is

Question 23. Section Reference: Section 11.Quality Control/Assurance Measures. If the Performance-Based Quality Control Plan is excluded from the 30 page limitation, are there any page count, line spacing and/or font size limitations for this plan?

Answer: Amendment 001 updates section CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) (2)(iii) to exclude the Performance-Based Quality Control Plan from the 30 Page Limit. The Performance-Based Quality Control Plan must be typed, double-spaced, with one inch margins, using elite font, 12 pitch type (or equivalent) on 8\1/2\'' by 11'' paper, and is limited to five (5) pages.

Question 24. Section Reference: Section 7. H Pg. 64. There is no reference to this in Section 3.C. Please will you clarify?

Answer: 7.H is Reporting requirements which is unrelated to Section 3.C. GEAR ACQUISITION & MAINTENANCE.

Question 25. Section Reference: Section 7. H Pg. 64. There is no reference to this in Section 4.B. There is reference to this in Section 3 Paragraph C. Please will you clarify if Section 3 Paragraph C is the correct reference?

Answer: Section 4B is the correct citation for the IT Security Awareness Training reporting requirements required in Section 7H.

Question 26. Section Reference: Current CBA. The CBA is not signed. Will the CBA change prior to or after award of the

PIROP?

Answer: Per Page 1 of the CBA, this is a five-year agreement effective 02/01/2023.

Question 27. Section Reference: Current CBA. The CBA states that a 401K plan must be provided. Is this currently provided and, if so, is it being provided through the union?

Answer: Per Article 19.01: The Company shall be required to offer a 401K retirement plan.

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Question 28. Section Reference: Current CBA. The CBA states that a 401K plan must be provided. If the 401K is not currently being provided through the union, can it be provided this way moving forward?

Answer: Per Article 19.01: The Company shall be required to offer a 401K retirement plan.

Question 29. Will the government provide a breakdown of observers per pay grade?

Answer: Staffing arrangements are based on an individual contractor’s business decisions and are not publicly releasable.

Question 30. Are administrative personnel subject to SCA and all other benefit requirements?

Answer: Vendors are responsible for determining whether SCA is applicable to their employees. For any employees deemed to be covered, please refer to Attachment 2 - WD 2004-0287 Rev 41 and newly incorporated Attachment 6 - WD 2015- 5689 Rev 19.

Question 31. Attachment 1 Current CBA- Section 2.03 references the amount of dues, initiation fees or agency fees deducted. Are there any fees due by the company in addition to the amounts deducted from employees?

Answer: No fees are due to the Government. This is an agreement between the Union and the Contractor. The Government cannot provide further interpretation.

Question 32. Attachment 1 Current CBA- Section 10.01 of the Economic Section dated 1/23/2023 under Table I states the following: Additionally, observers will be paid two dollars ($2.00) per hour up to a maximum of eight (8) hours per day and forty (40) hours per week.- Does this apply to hours worked, hours paid, hours employed? There is a hyphen after the sentence. Was information accidentally omitted specifying when the $2.00 per hour will be applied?

Answer: This is an agreement between the Union and the Contractor. The Government cannot provide further interpretation.

Question 33. Section 3.G. Observer Placement- states Pre-departure requirements include successfully demonstrating testing their issued personal locator beacon, and proper donning of their immersion suit in less than 60 seconds. Where is successful completion of this information recorded and stored? Are observers who are authorized to conduct their own placement meetings required to meet the pre-departure requirement stated previously?

Answer: The successful completion of this information is recorded on the observer placement checklist. On the back of the form is a section for the Port Coordinator to populate in regards to the 60 second donning of the immersion suit. The observer placement checklist goes into the trip folder for each observed trip and is validated by NMFS staff. Yes, observers who are authorized to conduct their own placement meetings are required to meet the pre-departure requirements (demonstrating testing their issued personal locator beacon, and proper donning of their immersion suit in less than 60 seconds).

Question 34. Section 5.D. Observer Training Requirements- includes the following description of the initial longline training lasting approximately three-weeks (EIGHT (8)-hour days for a total of 240 hours). Please verify the anticipated number of hours worked by a trainee during the three week training class. How many hours are spent each day in training?

How many hours on average do trainees spend each day outside of training studying and performing assignments?

Answer: Observer candidates will attend class eight (8) hours a day for three (3) weeks. They will have some homework and will need to study, and how much time that takes varies per individual observer candidate but may average an extra one

(1) to (2) hours per day.

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SECTION D - PERFORMANCE WORK STATEMENT

FISHERY OBSERVER SUPPORT SERVICES FOR THE PACIFIC ISLANDS REGION OBSERVER

PROGRAM

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified in the solicitation), to perform the following Performance Work Statement (PWS).

SECTION 1. BACKGROUND AND PROJECT REQUIREMENTS

1.A. STATUTORY AND REGULATORY BACKGROUND

The National Marine Fisheries Service (NMFS), Pacific Islands Regional Office (PIRO), requires the recruitment, selection, supervision, and outfitting of all sea-going personnel needed to fulfill federal fisheries obligations of the Pacific Islands Region Observer Program (PIROP). The PIROP currently includes the Hawaii deep-set tuna and shallow-set swordfish longline fleets, and the American Samoa longline fleet.

NMFS has the obligation to monitor and to obtain estimates of the incidental take of Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) listed species, and other by-catch in the pelagic fisheries, and other fisheries that fall under federal jurisdiction. Data is required to assess the potential impact of the fisheries on these species.

Observer coverage aboard vessels with federal fishing permits is required by the “reasonable and prudent measures” (RPMs) and terms and conditions of the Incidental Take Statements (ITS) of the NMFS and Fish and Wildlife Service biological opinions on the effects on federally-listed threatened and endangered species of pelagic fisheries managed under the Fishery Management Plan (FMP) for the three (3) longline Fisheries of the Western Pacific Region. The issuance of these four (4) opinions resulted from interagency consultations pursuant to Section 7 of the ESA.

The biological opinions for the pelagic longline fisheries concluded that the fisheries are adversely affecting ESA listed species, but that they are not likely to jeopardize the continued existence of the species. The ITS(s) authorize lethal, incidental taking of turtle, whale, elasmobranch, and seabird listed species in the longline fisheries, but contains non-discretionary reasonable and prudent measures that must be undertaken by NMFS, including the establishment of an observer program. The mandatory observer program is operated under the authority of the Pelagic Fishery FMP established under the Magnuson Fishery Conservation and Management Act (MSFCMA) in response to concerns regarding interactions with listed threatened and endangered species.

Observers shall collect marine mammal, sea turtle, elasmobranch, and sea bird specimen parts as well as the entire animal carcass as directed. Observers must complete all required documentation and send reports from sea as directed.

Specimen(s) must be provided to the observer program or Government researcher immediately upon the vessels’ return.

While at sea, observers may work an average of 80 hours per week aboard commercial fishing vessels. Work hours can be a minimum of eight (8) hours and can extend more than sixteen (16) hours per day. Occasionally, observers will be asked to participate in studies and tests stemming from experimental fish permits or other scientific research needs. Observers will not be asked to work more than two (2) hours in addition to their normal sea day duties. The average observer sea day is estimated to be 11.5 hours/day, inclusive of any additional studies and tests for scientific research needs.

Observers shall collect the required information to assess the involvement of ESA and MMPA listed species, and other by-catch species in the longline fisheries along with acquired biological information for population and life history studies. Observers may work with the vessel master and crew regarding the fishery regulatory requirements as well.

1.B. VESSEL OPERATIONS AND WORKING CONDITIONS:

Longline vessels operate out of Honolulu, Hawaii (92.4% of Landings), and out of American Samoa. Trips may originate or terminate in California (7.6% of Landings). Honolulu, Hawaii, is considered to be the official duty station for observer deployment for vessels associated with the Hawaii longline fleet. Observers may be required to travel to other Hawaiian ports and other foreign and U.S. ports for deployment; i.e., Pago Pago, American Samoa. Observers travel by public transportation to meet assigned boats, and are expected to remain with the boat until it returns to port to unload target catch.

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Typically, vessels departing from Hawaii ports will average 22 days in duration for deep-set trips, and 27 days for shallow-set trips. Vessels departing from Pago Pago, American Samoa, average 46 days and typically range from 10 to 84 sea days. Longline vessels fish in deep ocean waters, beyond 50 miles of the Hawaii Islands and beyond 12 miles of American Samoa in all weather and sea conditions.

Commercial longline vessels are small, generally 40 to 100 feet in length. Longline vessels are usually operated by the captain and four (4) or five (5) crew members. Crew members and observers live and sleep in cramped quarters, often in damp conditions, sharing toilet and shower facilities when available. Most vessels have no shower and many lack permanent toilets. Although many vessels do not have separate facilities for women, federal regulations (Title 50, § 665.207) require reasonable privacy be provided for female observers.

Because of the size and responsiveness of these vessels to sea conditions, motion sickness can be debilitating for some individuals and should be seriously considered by the contractor in selecting observers. Longline vessels carry no trained medical personnel aboard and rely upon first aid knowledge of the observer and boat's operator in consultation with the U.S. Coast Guard.

Fishing activity occurs throughout the year although fishing effort predominantly occurs between October 1, and June 30, with somewhat reduced effort during the summer months of July, August, and September.

SECTION 2. SCOPE OF WORK

2.A. PURPOSE

This performance work statement defines the services required to sustain comparable program continuity, integrity, and data results established. Ensuring safety of observers and the collection of high quality data are of the utmost importance

2.B. OBJECTIVE

In accordance with this contract, the contractor shall furnish all services including but not limited to personnel management, travel, materials, specimen and sample transportation, gear and scientific equipment (except as otherwise specified), associated with observer responsibilities.

SECTION 3. CONTRACTOR TASKS AND REQUIREMENTS

3.A. MONITOR FISHING ACTIVITY & ESTIMATE OBSERVER COVERAGE REQUIREMENTS

The contractor shall monitor vessel activity daily using the automatic identification system (AIS) to track each vessel's arrival and departure from port, including contacting vessel operators by all communicative devices available. Vessels not in port are assumed to be fishing and counted as one (1) day of effort, unless the vessel is confirmed to be performing other activities such as picking up crew or bunkering. Vessels carrying an observer and not in port are counted as one (1) observed sea day of effort. Vessel activity records shall be entered into the Government’s Pacific Islands Regional Observer Program’s Database System (PIROPS) each week on Tuesday by noon, and incorporate vessel activity through the preceding Saturday. The Government will use the vessel activity records to estimate the total and observed fishing effort for the Hawaii fishing fleet. The Government will monitor American Samoa fishing activity and provide an estimate of observer coverage needs to the contractor. The Government will provide vessel activity records and a summary of the percent coverage to the contractor through the PIROPS

3.B. RECRUITMENT

The contractor is responsible for the recruitment of all scientific fishery observers. The contractor shall recruit, locate, contact, screen, and hire qualified candidates to work as observers aboard Hawaii and American Samoa longline vessels.

Observer deployment will typically begin and end in Honolulu, Hawaii, which is considered the official duty station. The contractor will be responsible for all travel to and from Honolulu, unless embarkation or disembarkation is designated at a equipment port other than Honolulu. If embarkation or disembarkation is designated for a port other than Honolulu, the observer’s travel costs to and/or from Honolulu will be reimbursed by the Government at actual cost. Observers, as well

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as all other contractor personnel, are employees of the contractor and no employer-employee relationship exists between the Government and contractor personnel assigned to provide services under this contract.

The recruitment and retention of fully qualified observers is essential to successful performance of the contract. The contractor shall provide sufficient qualified observers to complete the sea day coverage requirements by selecting the highest qualified candidates. The contract shall work with the Government to promote diversity, equity, and inclusion, within the observer recruits, and provide to the government a list of methods used to accomplish this goal including where they advertise to solicit applicants. The contractor shall manage its observers to retain a successful mix of both experienced observers and new observers. The contractor shall provide to the Government an outline of a planned approach of how they expect to retain experienced observers.

The contractor shall provide complete logistical and operational support to observers throughout their employment. Such support shall include, but is not limited to: (1) employee orientation, (2) training, (3) travel to land-based assignments and vessel deployments, (4) safety and mission related equipment and equipment maintenance, and (5) communications.

The Contractor shall make observers available to NMFS Enforcement staff for the purposes of investigating circumstances of alleged refusals by vessels to take an observer or other violations of the Magnuson-Stevens Fishery Conservation Act (MSA), Marine Mammal Protection Act (MMPA), or the Endangered Species Act (ESA) documented by the observer in the course of their duties.

3.C. GEAR ACQUISITION & MAINTENANCE

The Government will provide a NOAA email address and presently held observer gear, equipment, and supplies to the contractor after award. Within a one (1) week period of the Government providing all existing gear, equipment, and supplies to the contractor, an inventory list shall be established by the contractor, acknowledged by both parties as to its accuracy, and thereafter maintained by the contractor. The contractor shall maintain and re-supply all observer gear, equipment, and supplies throughout the contract performance period. The contractor shall re-supply existing gear and supplies, and if the contractor wants to buy a new type of supply or gear, they must discuss with the Contracting Officer’s Representative (COR).

Immersion suits shall be inspected, cleaned, and repaired by certified professionals as needed at a minimum of once per year. Documentation shall be submitted to the COR upon completion of the process. Newly acquired gear must be of the same quality as the originally provided Government gear. In case of loss or destruction of Government property, the contractor shall notify the COR within 24 hours of knowledge of the loss and take all reasonable steps necessary to protect the property from further damage. The contractor is liable for loss of property if the loss or damage results from willful misconduct, negligence, or lack of good faith on the part of the contractor or its employee(s).

The contractor will be designated as a federal property user and shall maintain an active NOAA email account by logging into the NOAA email account once a week, to maintain their NOAA email and remain a property user in Sunflower, an inventory tracking database used by the Government. Periodic inspections of contractor maintained gear and equipment will be conducted by the COR to certify proper maintenance is being achieved. The program retains the right to modify gear specifications to meet research collection needs as required. However, as a baseline for each seagoing observer, the contractor must provide a complement of gear required for observer field use.

3.C.i. Hawaii

The contractor shall supply a gear storage facility for housing up to five (5) Government furnished computers, storing observer gear, equipment, sampling supplies, bed bug mitigation equipment, and collected samples in Honolulu as well as broadband internet connection. The storage facility shall be in a location that is easily accessible in order to conduct observer placement meetings with vessels departing from Honolulu. The gear facility shall have easy access seven (7) days per week, 24 hours per day. The storage facility shall be secure with locking doors, and a log shall be maintained that tracks the name and time anyone enters the storage facility. The contractor shall provide to the Government an outline of a planned approach of how they expect to safeguard Government property and observer data temporarily housed at the gear facility.

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The facility shall be large enough to store and manage gear for approximately 60 to 70 observers, with enough electric outlets for up to five (5) full size freezers or one (1) walk-in freezer for freezing gear, data, and samples. The gear facility shall have an air conditioning unit, electrical outlets, and water supply and drainage sufficient for a commercial washing machine and dryer. The gear facility shall be equipped to maintain five (5) computers for data entry with adequate electrical supply, and meet all IT security requirements. The government will supply computers and the vendor must supply the broadband internet connection. The gear facility shall be a minimum of 1,500 sq. ft. and a maximum of 2,000

sq. ft. The gear facility shall have access to a bathroom and shower, with an area to rinse observer gear, and space for data entry for up to five (5) observers. The contractor shall provide access to the COR for monitoring and inspection. The gear facility shall meet the approval of the Government.

3.C.ii. American Samoa

The contractor shall supply a gear storage facility for storing observer gear, equipment, sampling supplies and collected samples in American Samoa. The storage facility shall be at ground level in a location that is easily accessible in order to conduct observer placement meetings with vessels departing from Pago Pago, American Samoa. The gear facility shall have easy access seven (7) days per week, 24 hours per day. The storage facility shall be secure with locking doors. The facility shall be large enough to store and manage gear for approximately four (4) to eight (8) observers, with enough electric outlets for up to two (2) full size freezers for frozen gear and samples. The Government will provide the freezers to store samples and gear. The gear facility shall be a minimum of 500 sq. ft. and a maximum of 1,600 sq. ft. The gear facility shall have access to a bathroom and shower, with an area outside with a working fresh water hose to rinse observer gear. An area with plumbing sufficient to install an industrial sink. Government will supply the sink. The contractor shall provide access to the government for monitoring and inspection. The gear facility shall meet the approval of the Government and will be inspected by Government staff in the American Samoa field office.

The Government will reimburse the contractor for the gear storage facilities in Honolulu, HI and American Samoa and associated utilities costs on an actual basis, including electricity and waste removal.

All equipment supplies or gear provided by the Government or acquired by the contractor and directly billed for use in the performance of this contract is considered to be the property of the U.S. Government. Upon completion or termination of the contract, all Government property, equipment, gear and supplies shall be inventoried and the list provided to the Government COR for review and acceptance by the Government. Actual return of Government property will be coordinated with the Government COR.

3.D. MAINTAIN COMMUNICATIONS LOG

The contractor shall maintain a communications log for each contact with a fishing vessel representative whether made at the docks, in person, by phone, fax, or by email. The Government will provide the communications log to be used by the contractor. The log shall be organized by date of vessel call in and include the following required information: time and date of contact or attempted contact, who initiated communication, contact person's name, and topic of discussion. More specifically, the communication log must include the official number of the vessel, the name of the vessel, the intended departure date, time, and location, along with the name of the operator of the vessel and the name and telephone number of the agent designated by the permit holder to be available between 8:00 a.m. and 5:00 p.m. (Hawaii time) weekdays for the contractor to contact to arrange observer placement. The contractor must also document on the log, the date, time, name, phone number and a brief description of what was discussed when calling a vessel to inform them whether they have an observer or not. The contractor shall enter the communication information into the PIROPS. This information will be used by the Government to determine whether vessels provided adequate notice prior to departing from port. The Government will maintain a communications log for American Samoa which will be provided to the contractor.

3.E. MAINTAIN TRIP LOG (OBSERVED VESSEL DEPARTURES AND ARRIVALS)

The contractor shall provide an update of observed vessel departure and arrival information on the Trip Log located on the PIROPS. The contractor shall enter the information into the PIROPS by Noon every Tuesday, and the log shall include all entries recorded through the preceding Saturday. The Trip Log shall include the trip number, vessel name, vessel identification number, operator name, observer name, departure date, port departed, arrival date, port arrived, and trip length. The Government will provide a list of permitted vessels, vessel identification numbers, vessel lengths, owner names, addresses, and telephone numbers to the contractor. The contractor will be notified by the Government of any

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vessel changes and updates. In addition, the contractor shall notify the COR of vessels that appear to be fishing using longline gear, but are not listed as having a Hawaii Longline Limited Entry Permit. If requested by the Government, the contractor shall notify the vessel operator of his obligation to obtain a Hawaii Longline Limited Entry Permit and provide them with the Government contact information. The Government will maintain a trip log for American Samoa which the contractor will have access to on the PIROPS. The Government will update the PIROPS on a weekly basis.

3.F. VESSEL NOTIFICATION

The contractor shall mail notification letters to all permitted fishing vessels, informing them of their obligation to carry an observer if departing to fish. The letter must state the terms and conditions of the program and must be approved by the Government. A sample letter may be obtained from the Government COR, after contract award. This mailing shall be sent via certified mail, return receipt and the receipts shall be provided to the Government for verification of receipt of letter.

The Government will be responsible for notifying all permitted fishing vessels operating out of American Samoa of their obligation to carry an observer if departing to fish.

3.G. OBSERVER PLACEMENT

The contractor is responsible for notifying vessel owners and operators of their obligation to carry an observer. The contractor is required to assign observers to vessels in an orderly and fair manner and regardless of observer gender, age, religion, or sexual orientation. In addition, the contractor is responsible for any/all travel arrangements associated with observer deployments.

The contractor will ensure that prior to each vessel deployment, pre-departure requirements are followed as outlined in the National Observer Program Safety Training Standards. Pre-departure requirements include successfully demonstrating testing their issued personal locator beacon, and proper donning of their immersion suit in less than 60 seconds.

3.G.i. Placement Meetings

For those vessels that are scheduled to carry an observer, the contractor must schedule a placement meeting with the vessel owner/captain at the vessel selected to carry an observer. To encourage a safety culture, in accordance with MSA National Standard 10, contractor staff who conduct placement meetings or training must attend a marine safety instructor training similar to the training offered by Alaska Marine Safety Education Association, but that may also be provided by NMFS qualified staff.

During the placement meeting, the contractor shall inspect the vessel to ensure vessel accommodations are at least equal to that provided to a full crew member. A mattress or futon on the floor, or a cot, is not acceptable in place of a regular bunk. Meal and other galley privileges must be the same for the observer as for other crew members. Additionally, female observers must be provided with reasonable privacy. The observer shall also complete the PIROP Placement Checklist and ensure any “no go” deficiencies are resolved prior to departure. If any violations are noted or any “no go” items on the checklist are not resolved, the observer shall contact the port coordinator during the placement meeting before vessel departure. The Contractor shall ensure no observer departs on a vessel that does not meet the MSA requirements for carrying an observer under 50 CFR Part 665. The Government will conduct all placement meetings with observers to be deployed on American Samoa vessels. The Government will ensure American Samoa vessels are in compliance with all safety requirements.

Once an observer has completed three (3) trips, the observer shall work with the contractor and Government to ensure they can conduct their own placement meeting. A port coordinator must be available by phone to provide assistance to the observer during a placement meeting if needed. In addition, if a vessel has had previous issues with observers, the port coordinator may elect to accompany the observer during the placement meeting.

Once the contractor has assigned an observer to a vessel and the placement meeting has been completed, deployment of the vessel must take place within five (5) calendar days. The observer is considered to be on standby time from the day of the original placement meeting until his/her assigned vessel departs from port or assignment is canceled. A standby allowance shall be paid to the observer for each day of vessel delay. If departure of the vessel from port does not occur five (5) calendar days following the placement meeting, the observer shall be reassigned to another vessel. However, it is

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permissible for an observer to elect to stay assigned to the delayed vessel, but after five (5) days, they will not receive additional standby pay.

Observers do not choose vessel assignments. Observers do have the right to refuse deployment on a vessel they perceive as unsafe or that fail to meet the MSA requirements for carrying an observer. However, refusal by any observer to board a vessel after the inspection must be documented and discussed between the contractor management, PIROP management, and the COR to determine the appropriate course of action. An observer’s refusal to accept a vessel assignment due to perceived unsafe conditions shall not become grounds for retaliatory actions or to terminate the observer’s services under this contract.

Fishing activity dictates vessel departures and arrivals. Since vessel notification requirements limit response time, observers must be prepared for sudden sea assignments of extended and uncertain duration. It is not unusual for fishing vessels to pull into foreign ports for various reasons, i.e., food, repairs, fuel, etc. For security and safety purposes, it is not recommended that the contractor (observer) disembark from an assigned vessel while in a foreign port of call. However, if the contractor chooses to leave the vessel while it is docked or moored in a foreign port, they so at their own risk and expense. Vessels that fish in international waters and return to a US port are required to clear US customs and immigration. Therefore, it is required that all observers possess a current and valid passport permitting easier passage in/out foreign and US ports of call should cause arise. Occasionally there are emergencies at sea and a contractor (observer) may arrive in a port other than Honolulu. The contractor shall provide the Government a plan on how they intend to support an observer in a situation such as an emergency like a vessel fire where the observer has no identification or contacts once rescued.

3.H. OBSERVER FLEET COVERAGE REQUIREMENTS

The percent coverage is based on the number of vessels departing with observers. Therefore, percent coverage is calculated by dividing the (number of vessels departing with observers) by the (total number of vessels departing with and without observers) and multiplying by 100. For example, if the total number of vessels departing with observers is 206 and the total number of vessels departing with and without observers is 1000, then the percent coverage would be 20.6%.

(206/1000 x 100 = 20.6). The percent coverage is calculated on an annual basis beginning January 1st and ending December 31st. Contractors shall be prepared to provide coverage from 12% to a maximum of 20%. The anticipated percentage amount for the base period is estimated to be 15%.

3.H.i. Hawaii

The contractor shall maintain a qualified pool of available observers to obtain, approximately 15% observer coverage, of the total fleet effort for the Hawaii deep-set fishery; a maximum of 100% observer coverage for the shallow-set fishery;

and approximately 15% of the American Samoa fishery. The observer coverage is subject to change and the contractor will be notified within three (3) months of any such change impacting the required percent coverage level.

Failure to meet the minimum coverage requirements during a given performance period may be cause for default. The contractor shall manage the contract to meet this minimum coverage. Maximum coverage for the Hawaii Deep-set Longline Fishery should not extend above 1% of the required observer coverage. Currently, it is recommended that observer coverage for the Hawaii deep-set fishery be maintained at a minimum of 15% for any/all quarters. The quarters end on March 31st, June 30th, September 30th, and December 31st. Observer coverage must occur throughout the calendar year proportionate to the amount of overall fishing effort. The Government may use Government debriefers for observer coverage on a maximum of two (2) shall-set or deep-set trips per calendar year for the purpose of research or debriefer training.

3.H.ii. American Samoa

The contractor shall maintain a qualified pool of available observers to obtain approximately 15% observer coverage in the American Samoa fishery. As the fleet activity may change, the total percentage of observers required for American Samoa may need to be adjusted.

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The Government will monitor American Samoa fishing activity and provide an estimate of observer coverage needs to the contractor. The Government will provide the contractor with vessel activity records, a summary of the percent coverage, vessel activity records, communications and trip logs for American Samoa through the PIROPS after contract award.

The Government will be responsible for notifying all permitted fishing vessels operating out of American Samoa of their obligation to carry an observer if departing to fish. The Government will conduct all placement meetings with observers to be deployed on American Samoa vessels. Notification of American Samoa vessel(s) potential infractions will be the responsibility of the Government. The Government will ensure all American Samoa vessel(s) are in compliance with all safety requirements. The Government will be responsible for verifying the number of days the observer was on the American Samoa deployed vessel. The Government will provide this information to the contractor through the PIROPS.

The Government will provide all communication services for fishermen and observers to use to relay vessel departure and arrival information from American Samoa.

The Government will reimburse the contractor for lodging and any necessary ground transportation to and from vessel assignments while observers are deployed to American Samoa. The American Samoa Government may require/mandate quarantine of contractor personnel. If this occurs, the Government will reimburse the contractor for lodging, meals, and a standby rate for observers required to quarantine. The contractor shall assist the Government with the performance of the duties noted above and any other duties assigned. The contractor possesses no authority in the performance of these duties as the Government is ultimately responsible for accomplishment and compliance under the contract.

3.H.iii. American Samoa Facility Support

Prior to and in between vessel assignments, observers can earn facility support pay by working a maximum of four (4) hours per workday during the normal operating hours of the local facility, five (5) days per week, not to exceed ten (10) consecutive business days before a trip departure and not to exceed fifteen (15) consecutive business days after debriefing.

If an observer elects to return to Honolulu after they complete a trip and after debriefing, they are not eligible for facility support pay. An alternative work schedule may be requested and approved by the local Government representative provided the contractor’s work hours do not total more than 20 hours per week. The contractor is not authorized to perform duties on days when the local facility is closed, i.e. Government furlough, inclement weather, power outages, legal and federal holidays, etc. The contractor is not authorized overtime in the performance of these duties. Upon reaching American Samoa, the contractor shall coordinate with the Government’s local representative to establish a commencement date, assignment of work hours, and duties.

3.I. NOTIFICATION OF POTENTIAL INFRACTIONS

The contractor shall immediately notify the PIROP designee of any potential violation of the Rules and Regulations that implement the Fishery Management Plan under the Magnuson-Stevens Fishery Conservation and Management Act, such as, vessels failing to provide adequate notification prior to departing, failing to take an observer, incidents of interference, harassment, or intimidation. The contractor shall ensure that each returning observer completes a Post-Cruise Questionnaire and is debriefed for incidents of intimidation, interference, or harassment within one (1) business day of returning from sea. Reported incidents of failing to take an observer and incidents of interference, harassment or intimidation of observers will be investigated by NMFS, Office of Law Enforcement (OLE). Notification of American Samoa vessels potential infractions will be the responsibility of the Government.

3.J. OPERATE WITHIN PERMIT PROVISIONS

The contractor and its employees (observers) will be authorized under this contract and the specific scientific research permits held by the U.S. Government, to collect samples according to established research conditions and protocols developed by the Office of Protected Resources, NMFS, and Washington, D.C.