1305M324Q0308 - SOW (Amendment 0002).pdf

STATEMENT OF WORK

NOAA Office of Law Enforcement, Northeast Enforcement Division

MEDIUM RANGE VESSEL SUPPORT SERVICES

Requisition Number: 143011-24-0106

AAP Number: 23-0851

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 rope, weak inserts 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:

The Contractor shall provide one or more Downeast lobster style vessel(s) that by design is intended to efficiently and safely haul and reset commercial lobster gear in New England waters not to exceed 80 nautical miles (NM) from shore. Law Enforcement (LE) personnel will provide an Agency owned and operated Remotely Operated Vehicle (ROV) and Side Scan Sonar (SSS) to collect imagery of lobster gear (traps and lines). LE personnel will request the hauling of suspected non-compliant gear aboard the vessel by the Contractor for visual inspection by LE personnel to ensure compliance with federal fisheries and protected resource regulations. 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.

Vessel(s) must have clear and obstruction free deck space large enough to fit an entire trawl onboard. Vessel(s) must have a professional electronic navigation display with current charts (i.e. TimeZeroProfessional, CoastalExplorer, or equivalent). Vessel must be equipped with a networked commercial grade marine radar system with fast target tracking capability (i.e. 25-watt solid-state doppler radar open array, radar display, satellite compass, heading sensor, class A-AIS transponder) to provide LE personnel with real-time ARPA and AIS target tracking capability if necessary during the mission.

Scope of Work, Non-Personal Services:

The Contractor shall provide one or more vessels, each shall be a Downeast lobster style vessel of 46 - 60’ length with greater than 17’ beam capable of cruising at minimally 17 knots to conduct up to five (5) operations in LMAs 1, 2, OCC, or 3, not to exceed 80 Nautical Miles from shore. The vessel(s) shall be a proven hull design and deck configuration used in the commercial lobster fishing industry. The vessel(s) will have an open stern and its deck will not be more than 5’ above the waterline. Vessel(s) will have sufficient deck space to hold one (1) 60 trap trawl, anchors, and associated buoy lines and ground lines onboard at one time, without impacting further operations for the day. Deck space will be free of obstructions and other types of equipment.

The missions will be conducted on dates agreed upon with OLE. Operational windows will be scheduled with the Contractor since exact dates will require flexibility due to weather and hydrographic conditions. Prior to an operational window, a mutually agreed upon exact date will be determined. If a trip does not occur during a scheduled operational window due to weather or other conditions that are no fault of OLE, a new operational window will be established.

The ROV and SSS will be provided and operated by LE personnel. The SSS and ROV will be used to survey 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. Contracted personnel must be available to assist LE personnel as requested with handling SSS and ROV equipment on deck, and with launch and recovery.

The mission will require operations from different ports in New England depending on mission requirements. Trips with OLE personnel onboard are limited to single days, normally expected to be up to 12 hours in duration. Depending on distance from shore of the area selected for inspections and weather conditions, the vessel must be able to cruise at >17 knots to reach most offshore areas with sufficient time to conduct a full day of inspections. Mission departure time of day may vary to meet mission requirements, but vessel(s) must generally be available at the designated port to depart at daybreak or sooner.

The proposed vessel daily rate will include services of captain, crew, fuel, and stores for the commercial vessel to transit to and from offshore areas necessary to complete the mission.

Up to three law enforcement personnel will be onboard the vessel during the project in order to operate the SSS, ROV, select gear for inspection, record data, collect evidence, and potentially conduct the seizure of noncompliant gear. The contractor will provide all associated equipment needed to haul and set the lobster gear. The contractor will provide a crew experienced in hauling offshore lobster gear. All contracted personnel will be required to sign a non-disclosure agreement (NDA) to ensure sensitive law enforcement information and confidentiality of fishery specific information is protected.

The contractor shall provide shoreside transportation of lobster trap trawls seized during each operation from the contracted vessel at its docking location to Joint Base Cape Cod (JBCC); including all necessary labor, equipment, and materials.

Proposed Work:

Performance under this contract will be 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:

1) 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).

2) Downeast commercial style lobster vessel with a minimum of 46-60’ length overall, beam >17’ capable of departing from various commercial ports in New England. Port departure will be determined by law enforcement personnel.

Inspections will be performed at distances not to exceed a distance of 80 NM from land.

General coordinates 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, and crew. Specific coordinates will be provided directly to the captain during the operation. A crew experienced in hauling offshore lobster gear shall be provided by the contractor. In addition to the captain, a minimum of two crew with experience sufficient to support hauling, stacking, and resetting of multiple trawls per day is required.

Sets of surface gear will be selected by LE personnel for subsurface inspection in the operational area. Suspected non-compliant gear (up to an entire trawl) will be hauled, stacked on deck and prepared for inspection by the contractor. 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 secure and stow gear on deck, and transport it back to shore.

Law enforcement personnel will actively inspect, use photograph/video, and document as needed all gear which is brought onboard the vessel.

If gear is seized by law enforcement personnel, at the completion of each at-sea operation the contractor will unload the seized traps and associated lobster trawl gear from the vessel; remove and discard bait; load trawls onto moving vehicle(s); transport to JBCC; and unload at JBCC for storage. Adequate transport for gear approximately equivalent to one LMA3 trawl will remain intact during the transportation process (traps, buoys, flyers, and lines). Assuming up to 60 traps, with each trap either: a) 60″ x 24″ x 15″ = 12.5 cubic feet or b) 48″ x 21″ x 13.5″ = 7.875 cubic feet; approx. 475 to 750 cubic feet of space on the vessel, truck/trailer would be required. Roughly up to 5,000 ft of at least 1/2 line is approximately 1250 lbs. as well. Access to JBCC for any contract carrier, requires submission of the JBCC Event/Project 3-5 working days prior to arrival for background checks.

At the completion of each operation the contractor will provide OLE a summary document of any damage to lobster gear while hauling (Ex. snapping a groundline or buoy line while hauling), any gear retrieval/deployment issues that contradict standard practice (Ex: Forced to deploy traps quickly due to safety concern), and any issues involving damage to seized gear during transport.

While underway, LE personnel onboard may observe other vessel activities that may be noncompliant with Marine Mammal Protection Act (MMPA), Endangered Species Act (ESA) or other federal fisheries regulations. These include, but are not limited to, vessels actively fishing inside gear restricted or closed area(s), or vessels underway at speeds in excess of 10-knot speed restrictions within a restricted area. If such observations are made by LE personnel it may be required that they inform the contracted vessel captain and request that the vessel be maneuvered such that LE personnel can most effectively document the alleged illegal activities. Taking this action may also require LE personnel to work with the captain to leverage AIS and ARPA capabilities of the contracted vessel, and for LE personnel to record and document electronic navigational information for the purposes of fully preserving evidence related to alleged illegal vessel activities.

Period of Performance:

Base: Three (3) operations between October 1, 2024 - September 30, 2025

Option I: One (1) operation between October 1, 2024 - September 30, 2025

Option II: One (1) operation between October 1, 2024 - September 30, 2025

Base: Four (4) operations between October 1, 2024 - September 30, 2025

Place of Performance:

The fieldwork will take place aboard contracted medium range lobster style vessel(s) in waters not to exceed 80 NM offshore of New England. Vessel(s) shall depart at a sufficiently early enough time to allow for a full day of operation from commercial ports in New England determined by LE personnel.

Kealie.Chacon Cross-Out

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

Schedule of Deliverables:

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

Deliverable Quantity Description Operation Timelines

1 3-5

46-60’ or larger Lobster vessel up to 12 hours at sea conducting gear inspections.

Between October 1, 2024 – September 30, 2025

2 3-5

Transportation service of 1-2 trawls from contractors docking location to JBCC.

Between October 1, 2024 – September 30, 2025

Travel:

The contract vessels 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.

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 Vessels

● US Coast Guard Captain Licensed Operators

The proposed contractor must submit detailed photographs, specifications and deck layouts of the proposed vessels to ensure they meet mission requirements. The contractor shall also identify any vessel(s) that hold federal vessel lobster permits, plus whether the Captain and crew are federally permitted.

Performance Requirements Summary:

This contract includes a Performance Requirements Summary (PRS). The PRS plays an integral role in the administration of the contract. In addition to any applicable inspection clauses or other related terms and conditions contained in the contract, the PRS shall serve as a primary tool for inspection and acceptance of services as facilitated by the Contracting Officer’s Representative (COR). Evaluation of the Contractor’s overall performance shall be in accordance with the performance standards set forth in the PRS, and will be conducted by the COR. The PRS constitutes

Kealie.Chacon Cross-Out

Kealie.Chacon Cross-Out 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.

Service Output Performance Objective

Acceptable Quality Level (AQL)

1. Retrieval of lobster gear No damage to gear 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. Storage and Transport of Lobster Gear Seized, if applicable.

Gear transported by vessel and vehicle to secure location without

1) damage and 2) alteration to gear configuration observed at time of inspection.

+/- 1%

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 shall be required to sign and adhere to a Non-disclosure Agreement

(NDA).

Government Furnished Resources:

The ROV and SSS will be provided and operated by Law Enforcement personnel.

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.