1305M325R0054_PWS_w_Attachments.pdf

PERFORMANCE WORK STATEMENT (PWS)

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

NOAA FISHERIES

SOUTHEAST FISHERIES SCIENCE CENTER (SEFSC)

SOUTHEAST FISHERIES OBSERVER PROGRAMS (SEFOP) AND PLATFORM REMOVAL OBSERVER

PROGRAM (PROP)

BACKGROUND OVERVIEW

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

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

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

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

The NOAA Fisheries observer programs are typically authorized by the Magnuson-Stevens Fishery, Management, and Conservation Act (MSA), the Marine Mammal Protection Act (MMPA), and the Endangered Species Act (ESA). The SEFSC currently conducts observer programs in the northwestern Atlantic, Gulf of America (GOA) and Caribbean with over 35 observers deployed in the programs.

Specific observer programs include the following:

● Southeast Shrimp Trawl Observer Program – Year-round program to collect observer data in the South Atlantic and GOA on shrimp otter trawls (including rock shrimp), skimmer trawls, and other fixed gear.

● Atlantic Pelagic Observer Program– Year-round program to collect observer data in the Northwestern Atlantic, GOA, and Caribbean pelagic fisheries, including pulsed and experimental effort. Gear types include, but are not limited to: longline, green stick, purse seine, and buoy gear.

● Southeast Shark and Coastal Gillnet Observer Program – Year-round program to collect observer data on Southeast shark and coastal teleost gillnet fisheries.

● Southeast Shark Bottom Longline Observer Program – Year-round program to collect observer data on US South Atlantic and GOA directed large coastal shark bottom longline fisheries.

● GOA Reef Fish Observer Program – Year-round program to collect observer data on all fishing gears targeting reef fish.

● US south Atlantic Reef Fish Observer Program – Year-round program to collect observer data on all fishing gears targeting reef fish in the US south Atlantic.

● PROP – Year-round program to protect sea turtles and marine mammals from underwater explosives used to remove oil and gas platforms in the GOA. PROP was designed to minimize the impacts to marine protected species (MPS) of underwater explosives used during the removal of offshore oil and gas platforms.

SCOPE AND OUTCOMES

The Contractor shall provide and retain the necessary qualified personnel, services, and facilities (except as otherwise specified) to perform quality environmental, biological, and fisheries operations data collection for the SEFSC, SEFOP. Data quality is of the utmost importance. Quality data collection and recording are expected to increase the critical information gathered for stock assessments to manage the species.

1.1. POLICIES AND REGULATIONS

NOAA Fisheries addresses observer issues of national importance, and supports observers and regional observer & monitoring programs through development of necessary policies and regulations. The policies and regulations must reflect the needs of regional observer & monitoring programs while enhancing data quality and achieving consistency in areas of national importance. The following listing of policy and regulations are not all-inclusive and is not intended to relieve the Contractor of its responsibilities for identification of applicable statutes, regulations and procedures and compliance therewith, when performing work under this PWS.

● MSA

● MMPA

● ESA

● Data Quality Control Act (P.L. 106-514)

● Information Technology Security Policy

● Fisheries Management Plans (FMP)

● Biological Opinions (BO)

● Take Reduction Teams (TRT)

● NOAA Safety Standards

● Fair Labor Standards Act (FLSA)

● Service Contract Act (SCA)

● Department of Labor Wage Rate Determinations (DOLWRD)

● Applicable Federal and State labor laws

● Observer Health and Safety regulations

● Federal, state, and local safety regulations

● Merchant Marine Act (Jones Act) and General Maritime Law

● US Longshore and Harbor Worker’s Compensation Act

● National Defense Authorization Act

● All safety regulations maintained by oil companies, aircraft companies, and salvage companies with jurisdiction over ports, vessels, aircraft and offshore platforms

● FAR 31.205-46 Travel Costs

The Contractor’s performance shall be evaluated against the performance measures cited in this contract.

1.2. MANAGEMENT REQUIREMENTS

1.2.1. Project Management

The Contractor shall perform all Project Management functions including contract, technical, personnel, administrative, logistic, quality, business, and other management functions that are necessary to execute the total effort required by this PWS. The Contractor shall provide all personnel and other resources, except as otherwise specified in this PWS, necessary to accomplish these functions. The contractor shall develop and submit to the Government a Project Management Plan for approval that details how the contractor will manage the contract and its Observers. The contractor shall submit their final Project Management Plan to the Government within 14 days after contract award. Updates to the Project Management Plan are required annually within 30 days after the contract anniversary date.

1.2.2. Project Manager

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

Project manager qualifications:

● Demonstrated project planning and management experience, including the ability to organize, lead, and monitor projects: ensuring they stay within scope, schedule, and budget.

● Knowledge of project management principles, methods, and techniques: Such as setting goals, budgeting, managing resources, procurement, and contract administration.

● Strong organizational skills: Including multitasking, prioritizing tasks, and documenting for future reference.

● Proficiency with project management tools and software for budget tracking and reporting, shared spreadsheets for financial actions, and milestone accomplishments and information distribution.

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

1.2.3. Management Reporting and Coordination

The Contractor shall prepare and submit to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) a monthly Status Report, as listed in the contract that provides monthly information on project status to include monthly and year to date information, contract financial expenditures (e.g., partial and full days billed, non-coverage day costs, travel expenditures, per diem costs), Observer recruitment and retention monthly status and any problems or issues encountered and other information as requested by the COR.

1.2.4. Performance Management

The Contractor shall manage the contract to meet the performance measures and or metrics specified throughout the PWS.

1.2.5. Quality Control Management

The Contractor shall develop and submit to the Government a Contractor Quality Control Plan (QCP), as referenced above, which details how the Contractor will ensure effectiveness and efficiency of data collection efforts as well as the quality of data collected by its Observers. The draft Quality Control Plan should be furnished with the Contractor’s proposal and evaluated by the Government. The final, approved version of the QCP shall be provided to the CO within fourteen (14) calendar days of contract award. The Contractor shall further establish, implement, and maintain a Quality Control Management program to ensure consistent quality of all work products and services performed under this contract. Updates or revisions may be required annually within 30 days after the contract anniversary date.

1.3. OPERATIONAL REQUIREMENTS

1.3.1. Observer Recruitment and Retention Requirements

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 SEFSC Observer Program vessels. Observer deployment occurs out of ports on the GOA and Atlantic coast to include Canada and the Caribbean. The observer’s travel costs to and/or from departure and return port will be reimbursed by the Government at actual cost and in accordance with FAR 31.205-46. All recruitment positions under this contract are for non-personnel services. The recruitment and retention of fully qualified observers is essential to successful performance of the contract. The contractor shall provide qualified observers to complete the sea day coverage requirements by selecting the highest qualified candidates.

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.

1.3.2. Observer Qualification Requirements

1.3.2.1. Education/Experience

Observer candidates must have a bachelor's degree or higher from an accredited college or university with a major in one of the natural sciences

1.3.2.2. Training Requirements

Observer candidates must complete a three (3) week training course conducted by the Government. Successful completion of training by an observer candidate consists of meeting all attendance and conduct standards issued in writing at the start of training; meeting all performance standards issued at the start of training for assignments, tests, and other evaluation tools, and completing all other training requirements established by the SEFOP.

Candidates must also successfully complete the safety training that includes on-land and in-water tests of immersion suit and life raft use.

1.3.2.3. Conflict of Interest

Observers:

1. Must not have a direct financial interest, other than the provision of observer services, in a GOA, Atlantic pelagic or South Atlantic fishery including, but not limited to:

a. Any ownership, mortgage holder, or other secured interest in a vessel, or fish buyer involved in the catching or processing of fish;

b. Any business involved with selling supplies or services to any vessel or fish buyer participating in a GOA, Atlantic pelagic or South Atlantic fishery;

c. Any business involved with purchasing raw or processed products from any vessel or fish buyer in a

GOA, Atlantic pelagic or South Atlantic fishery.

2. May not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value in accordance with US Office of Government Ethics, Employee Standards of Conduct, 5

C.F.R. Part 2635 from anyone who either conducts activities that are regulated by the Government or has interests that may be substantially affected by the performance or nonperformance of the observer’s official duties.

3. May not serve as an observer on any vessel operated by a person who previously employed the observer.

4. May not solicit or accept employment as a crew member or an employee of a vessel in a GOA, Atlantic pelagic or South Atlantic fishery while employed by an observer Contractor.

1.3.2.4. Physical/Medical Condition

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

Be able to work at sea for extended and uncertain duration of time without medical restrictions:

1. Have clear distant vision (correctable to 20/20 in one (1) eye and to 20/40 in the other) for observing marine animals in the wild;

2. Be able to live in confined quarters with commercial fishermen whose interests may not be consistent with the observer’s duties;

3. Be able to handle potentially high psychological stress; and

4. Must comply with US Coast Guard regulations or requests regarding drug testing.

The contractor shall maintain supporting documentation to verify all prospective observer candidates meet medical fitness requirements prior to the commencement of the Government conducted observer training. Supporting documentation must include as a minimum: the name of the individual, date of the medical exam, vision results, statement indicating candidate is able to work at sea for extended periods of time without restrictions, is capable of handling potential stress generated by close working/sleeping quarters, printed name of attending physician, signature and date of attending physician acknowledging they understand the stressful nature of the work and the address of medical facility performing the examination.

The Contractor shall not deploy an Observer who has informed them prior to the time of embarkation that he or she is experiencing a mental illness or physical ailments or injury developed since submission of the physician’s statement that would prevent him or her from performing their assigned duties.

1.3.2.5. Communication Skills

Observer candidates must be able to clearly and concisely communicate verbally and in writing in English.

1.3.2.6. Citizenship

Observers and observer candidates must be a US citizen, or a non-citizen who has legally resided in the US or its territories continuously for at least the past two (2) years and has legal visa status with the Immigration and

Naturalization Service (INS).

1.3.2.7. CPR and First Aid Certification

Observers must possess current CPR and basic First Aid certifications. Copies of the CPR and First Aid certifications shall be provided to the Government prior to the completion of training and annually thereafter.

1.3.2.8. Additional Requirements for Platform Removal Observers

Observers and observer candidates must be a US citizen, or a non-citizen who has legally resided in the US or its territories continuously for at least the past two (2) years and has legal visa status with the Immigration and

Naturalization Service (INS).

Be able to perform visual surveys from helicopters and other small aircraft at altitudes up to approximately 700 ft

Be able to meet programmatic seating requirements during aerial surveys;

Seating capacity and flight duration of small aircraft is restricted by passenger and cargo size/weight. Due to required seating configurations, mandatory flight times and aircraft weight distribution/load capacities, total weights must allow for the following requirements to be met:

When only one Protected Species Observer (PSO) is assigned to perform required aerial surveys, the observer must fit criteria that allows them to sit in one of the front seats of the cockpit. This will be portside, next to the pilot.

If two observers are assigned to perform required aerial surveys, the lead PSO must sit in one of the front seats of the cockpit, next to the pilot. The second PSO must meet criteria to sit in the back seat of the aircraft on the opposite side of the aircraft from the lead PSO so that both sides of the aircraft are surveyed simultaneously.

Each PSO shall be able to fulfill either role of a lead PSO or secondary PSO as determined by the PROP manager.

The NOAA Fisheries Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the GOA federally mandates PROP mitigative requirements and allows the PROP manager discretion to make determination on mitigative measures to avoid or minimize MPS impacts. The PROP manager will work with flight operations personnel to ensure PSOs meet safety standards that allow for required survey flight times and proper PSO seating configuration.

Successfully complete Sea survival/helicopter underwater egress (Tropical Helicopter Underwater Escape Training) as well as all other training requirements.

1.3.3. Observer Duties and Data Collection Requirements

1. Collect scientific, management, compliance, and other data at sea through interviews of vessel captains and crew; observations of fishing operations; sampling catch; measuring selected portions of the catch and fishing gear; and collecting samples. Observer coverage is mandated by a number of statutes and is an integral part of the regulations. These authorities empower the Observer to perform certain functions aboard vessels as well as afford protection to the Observer against interference and intimidation in the course of performing his/her duties.

2. Collect biological samples from the catch according to detailed procedures in the Observer Sampling Manual. These data include those collected once per deployment; those collected with each change of fishing gear; those collected at the beginning and end of each haul or set; and those collected during the deployment. These data are recorded electronically or on data sheets provided by the Government.

3. Collect data on fishing effort, location, and retained catch for each gear deployment that occurs while the Observer is aboard the vessel. The Observer Sampling Manual describes data collection protocols for gear deployment that the Observer sees as well as those not observed.

4. Collect length measurements, age, and biological samples from segments of the catch. Observer protocols, priorities, and data/sample collection procedures are detailed in the Observer Sampling Manual

Collect information on any marine mammals or other protected species interactions.

Send their data to the assigned SEFOP office. Instructions on when and how the Observer sends the data are detailed in the Observer Sampling Manual.

1.3.4. Observer Debriefing Requirements

Observers shall participate in all debriefings as required by the SEFOP Debriefing Staff. Debriefing of the Observer ensures that the data are complete and as accurate as possible before being loaded onto SEFOP databases. SEFOP staff will debrief all observers.

The Contractor shall ensure that their observers complete the following fully and in a timely manner:

1. Complete SEFOP Post Deployment survey for each trip (within 24 of landing).

2. Ship / transmit to the Government all data, reports required by the Observer Sampling Manual, and biological samples from the observer’s deployment. (gear)

3. Report for his or her debriefing and complete all debriefing responsibilities.

4. If resigning position as observer, return all sampling and safety gear to SEFOP Galveston Office.

Debriefings shall consist of 1) reviewing sampling methods and answering Observer questions; 2) reviewing preliminary data; 3) correcting any data errors; 4) reviewing any other past errors or changes in sampling techniques or recorded on forms; 5) reviewing any logistical problems or concerns encountered by the Observer;

and 6) providing the Observer with any updates on modifications to sampling procedures or other program information. For the PROP, debriefing consists of completion of a debriefing form and an informal interview.

Following a deployment observers enter a non-deployable status until debriefing has been finalized. The observer program may choose to allow an observer to complete multiple trips between debriefings with prior program approval.

1.3.5. Data Entry Requirements

Following each trip observers will be required to complete all required forms and post trip surveys. Depending on the fishery, observers may also be required to enter trips into the SEFOP database. In these situations, observers shall enter data outlined in the Observer Data Entry Guidance document into a provided computer or tablet and submit it to the Government after each trip, or as often as practicable

1.3.6. Data Quality Control Requirements

Data shall be collected and maintained in accordance with the Contractor's Quality Control Plan as incorporated in the contract.

The overall goal of quality control is to ensure the effectiveness and efficiency of data collection efforts as well as the quality of data collected. Data quality is of utmost importance. As such the Contractor must ensure the highest quality in data collected by its Observers.

1.3.7. Outreach Requirements

Industry cooperation is essential to ensuring Observers are able to fulfill their duties. Without cooperation, coverage goals and data collection efforts may be impaired. The Contractor shall assist the Government in communicating and educating the fishing industry, vessel permit holders, owners, and captains about why the Government places Observers onboard fishing vessels, how Observer Programs operate, how priorities of Observer coverage are determined, how much Observer Programs cost, and why it is in the industry’s best interest to support the SEFOP.

1.4. OBSERVER SUPPORT SERVICES

1.4.1. Logistic and Operation Support for Observer Deployment

The Contractor shall provide logistical and operational support to Observers throughout their employment. Such support shall include, but is not limited to: (1) travel to land-based assignments and vessel deployments, (2) safety, and (3) communications.

The Contractor shall make Observers available to NOAA Fisheries Enforcement staff for the purposes of investigating circumstances of alleged refusals by vessels to take an Observer or other violations of the MSA, MMPA, or the ESA recorded by the Observer in the course of his/her duties.

1.4.2. Observer Training

Prospective Observer candidates must complete a three (3) week training course conducted by the Government.

Prospective Observer candidates must pass written/oral tests with a score of 80% or greater and meet all attendance, participation, performance, physical, and conduct standards provided to the candidates on the first day of training and must demonstrate their potential to collect accurate field data, exercise astuteness, and react to unfamiliar situations at sea in a professional manner. In addition, candidates must successfully complete the safety training that includes on-land and in-water tests of immersion suit and life raft use. Qualification for sea duty is determined by passing the Government-conducted Observer training and the Government’s training staff assessments.

Experienced observers in good standing will be eligible to complete additional cross training allowing them to participate in special projects, additional fisheries. These include the following;

1. PROP

2. Pelagic Fishery

3. South Atlantic Deepwater Longline Survey

4. Shark Research Fishery

During the first three (3) vessel assignments, observers are considered to be in a probationary status. Observers are recognized by the Government as bona fide observers with the successful completion of three (3) vessel assignments. If an observer fails to meet program minimums within their first three trips SEFOP staff have the option to extend the probationary period for up to another three (3) trips. If at the end of either probation period SEFOP staff determine program minimums have not been met the observer will no longer be deployed as an observer for the SEFOP. Newly trained PROP observers shall be paired with a veteran observer on their first mobilization, at a minimum and at the discretion of OPMs.

Following initial and/or cross training, observers must deploy within six (6) months. Observers who fail to deploy in a new fishery post initial training / cross training will be ineligible to deploy in that fishery until retrained.

The 3-week training course, cross training courses and every two-year safety refresh will take place in Galveston, Texas. This requires access to a government facility.

The Government conducted Observer Training Curriculum includes:

1. Observer Mission and Purpose

2. Observer Guidelines & Responsibilities

3. Observer Duties

4. Operations

5. Data Collection Procedures

6. Species identification

7. Specimen Collection Procedures

8. Gear used by Observers

9. Safety aboard Vessels

10. Conflict Resolution at Sea

11. Communication Training

The Contractor shall submit to the SEFOP Designated Debriefing Staff, at least five (5) business days prior to the beginning date of a scheduled Observer training the following information:

1. Completed Training Class Registration Form for each candidate;

2. A copy of each proposed candidate’s academic transcripts and resume;

3. A statement signed by the candidate under penalty of perjury which discloses the candidate’s criminal convictions.

4. A Contractor provided a work email address for each candidate to be used for training and post training communication. Compatibility with Google Workspace is preferred but not required as NOAA currently uses Google Workspace.

The Contractor shall submit to the SEFOP Designated Debriefing Staff, before the end of the training the following information:

1. Proof of medical fitness

2. Proof of CPR and First Aid certification

1.4.3. Gear Acquisition and Maintenance Requirements

The SEFOP will provide all sampling and safety gear and equipment. The Observer will acknowledge receipt of all gear during the gear checkout process. The SEFOP will maintain, replace and repair gear that is damaged through normal use. Any property that is damaged, destroyed or stolen due to Contractor/Observer negligence or fraud will be the responsibility of the Contractor. The replaced gear and equipment shall be equivalent to the gear and equipment the Government provided the Observer.

The government will not issue any rain gear, foul weather gear or gloves. The contractor is responsible for ensuring observers have proper boots, raingear and gloves to successfully complete assigned trips.

1.4.4. Travel and Lodging Requirements

The Contractor is responsible for all travel arrangements. Meals, appropriate lodging, and all expenses associated with deploying Observers to assigned vessels will be reimbursed by the Government.

The Government will reimburse the Contractor for travel costs incurred from the time the observer leaves their successful training. The Government will reimburse the Contractor for the cost of lodging, meals, and incidentals incurred during the time an observer candidate is in training.

1.4.5. Compensation for Observer Meal Reimbursement

The Contractor shall compensate vessels at a rate of $40.00 per day (for every completed 24-hour period) to cover Observer accommodation and food costs while aboard the vessels for trips. The Contractor shall administer the vessel compensation process for Observer Meal Reimbursements, by providing and processing a vessel reimbursement trip form for each Observer trip. The Contractor shall report to the COR all vessel reimbursements and all vessel reimbursement trip forms processed within the previous monthly period.

The Contractor is encouraged to make vessel compensation payments through Electronic Funds Transfer (EFT). The Contractor shall process vessel compensation payments in a timely manner (within 90 days of a completed trip). The Contractor shall provide evidence for all completed payments to vessels.

All travel costs and expenses incurred shall be reimbursed in accordance with FAR 31.205-46. Travel associated with observer deployments will be reimbursed for the actual costs incurred (without profit, G&A, or overhead).

When an observer is deployed to a vessel for part of a day, per diem will be reduced as follows:

If the vessel lands after:

● 1000 the breakfast allocation will be deducted

● 1500 the breakfast and lunch allocations will be deducted

● 2000 the breakfast, lunch, and dinner allocations will be deducted

If the vessel sails before:

● 0600 the breakfast, lunch, and dinner allocations will be deducted

● 1100 the lunch and dinner allocations will be deducted

● 1600 the dinner allocation will be deducted

1.4.6. Communication

The Government will select vessels for observer coverage periods ranging from three (3) to 12 months. Selected vessels will be notified of their selection by letter and or email. These letters and emails will direct selected vessels to contact a phone number and or email provided by the contractor to call for trip notification and or observer coverage questions.

To ensure compliance, the contractor shall call, text and or email vessels on the selection list that have not reached out to the program.

The Contractor shall provide a telephone number, or another agreed upon method, monitored 24 hours a day, that vessel owners or operators can call for trip notifications, deployment problems, and / or coverage questions.

The Contractor shall provide a telephone number or another agreed upon method, monitored 24 hours a day observers can use to call in problems related to Observer logistics, and/or handle Observer emergencies when they are in transit, or in port awaiting vessel deployment.

1.4.7. Maintain Communications and Coverage Log

The Contractor shall maintain the “Contact-Call Log” provided by the government for each contact with a fishing vessel representative made by telephone or by E-mail.

The contractor will also update a database or spreadsheet provided by the government for the purposes of tracking vessel assignments, observer deployment dates, and observer return dates.

1.4.8. Notification of Potential Infractions

The Contractor must report the following in writing using the Government’s reporting format to the COR within 24 hours of being made aware:

1. Any information regarding possible Observer harassment;

2. Any information regarding any action prohibited under 50 CFR §622.13 (y), (z), and (aa) or §600.725(o), (t), and (u);

3. Any concerns about vessel safety or marine casualty under 46 CFR §4.05-1(a)(1) through (7), Rule 5 of the

International Regulations for Prevention of Collisions at Sea, or processor safety;

4. Any Observer illness or injury that prevents the Observer from completing any of his or her duties described in the observer manual; and

5. Any information, allegations, or reports regarding observer conflict of interest or failure to abide by the standards of behavior at PWS paragraphs 1.3.2.3 and 1.4.16.

1.4.9. Vessel Operations and Working Conditions

Observed vessels may operate out of any port with the proper Federal permit for the fishery being observed. Since 2014, trips typically depart from across the Gulf and Atlantic coast with some trips occurring in the Caribbean.

The following are common departure locations since 2014: Madeira Beach (FL), Key Largo/Key West (FL), Panama City (FL), Tarpon Springs (FL), Wanchese (NC), Dulac (LA), Venice (LA), Galveston (TX), Brownsville (TX), and Bayou La Batre (AL).

Observers travel by public transportation to meet their assigned vessels, and are expected to remain with their vessels until the offload has begun, or until they finish sampling the offload if required to do so. Depending on the fishery, the duration of the trips will differ, with the Shrimp Observer Program requiring between six (6) and 18 fishing days depending on location (Atlantic vs. Gulf), while the Reef Observer Program requires three (3) to eight (8) fishing days depending on the gear type and location (Vertical Line vs. Bottom Longline; Atlantic vs.

Gulf). The Pelagic Observer program differs from the Shrimp and Reef pelagic program as it focuses on meeting a set-based metric (cover at least 8% of prior year sets per region) and not a sea day metric; however, in general, most trips are around 10 seadays (range: 4-15). Vessels are usually operated by one (1) captain and one (1) to five

(5) deckhands.

Observer coverage rates vary for each fishery and depend on which region the fishery is operating within. The GOA shrimp fishery is generally covered at a 1-3% level (industry seadays), while the South Atlantic shrimp fishery is covered between a 0.5% to 1% level (industry seadays). The GOA reef fishery coverage rate ranges between 2 and 3% (industry seadays), while the South Atlantic reef fishery coverage rate varies between 1 and 3% (industry seadays). Pelagic fishery coverage is the highest of all programs and ranges between 8-11% of industry sets. Overall, the number of fishing days that are expended or expected to be expended by the program ranges between 3,000 and 4,000 fishing days.

1.4.10. Vessel Assignment Information

The Contractor is responsible for updating vessel assignment information within two (2) hours of embarkation or disembarkation. The Government will provide access to the data entry system(s) the Contractors will use to update this information.

1.4.11. Observer Sea Day

When at sea Observers work an average of 12 hours per day as the sole Contractor employee aboard privately-owned commercial fishing vessels. An hourly rate of 1/24 the fixed price daily rate will be paid for each partial observed sea day completed by the Contractor, with a minimum of one (1) sea day per trip. A partial observed sea day is one in which the vessel leaves port on or after 00:30 AM or returns to port before 11:30 PM. The contractor is responsible for submitting departure and landing times rounded to the nearest hour, meaning that times ending with minutes 01-29 should be rounded down and times ending with minutes 30-59 should be rounded up. An “observed sea day” is any day in one of the following periods:

1. The period of time that begins when a vessel departs port until the vessel returns to port.

2. The period of time beginning when an observer starts monitoring an offload until the completion of the observer monitoring duties.

The Contractor shall adhere to the requirements of the SCA and applicable DOLWRD when calculating and paying salaries and benefits to Observers. Overtime shall be paid in accordance with the FLSA and other applicable labor laws, whether work is performed inside or outside US territorial waters or seaward of the USEEZ.

1.4.12. Non-Sea Days

1. Observer post trip miscellaneous days are assigned to observers by SEFOP or PROP designated staff. On these days observers work an average of eight (8) hours per day. During rare high sightings / take of protected resources additional duties will be assigned to observers post trip. SEFOP / PROP staff will notify observer and Contractor when these days are assigned. The post trip miscellaneous day rate will be paid for each assigned day.

2. Debriefing days average one (1) hour of meeting with debriefing staff and four (4) hours of post trip data quality control, form completion and / or data entry. This day rate will be paid for each day debriefing occurs.

3. Refresh / Cross Train days average eight (8) hours per day during which time observers participate in refresher training, cross training, and or safety refresh either virtually or in person. This does not include the observer initial 3-week training. Refresh / Cross Train days will be paid for each day the observer is in training status.

4. Standby days are paid when an observer is in travel status and keeping an observer at a port benefits the government by either being cheaper than traveling an observer back to their home location or facilitating the coverage of a trip that would otherwise not be feasible to cover if the observer was sent back to their home location. Exceeding two (2) standby days per observer standby event requires COR approval.

5. Annotation days average eight (8) hours of work reviewing video and creating annotations. These days will be assigned by PROP / SEFOP staff. Annotation days will be paid at the annotation day rate.

1.4.13. Vessel Living Conditions

The Contractor is responsible for ensuring Observers are provided living quarters comparable to crew members.

The Contractor shall ensure that Observers are provided sleeping quarters, drinking water, meals, snacks, and amenities as are normally provided to other crew members.

1.4.14. Safety

The Contractor must verify that a vessel has a valid US Coast Guard Commercial Fishing Vessel Safety decal (USCG Safety decal) before an observer may get underway aboard the vessel. A valid USCG Safety decal must be issued to a Commercial Fishing Vessel within two years from the vessel’s previous USCG Safety inspection. An observer may not be deployed aboard a vessel that does not have a valid USCG Safety decal. The Contractor must also verify all USCG required safety equipment is present, stowed properly, and in-date. The Contractor shall report to NOAA Fisheries fishing vessels that do not meet USCG minimum safety requirements within 24 hours of the observer’s attempted deployment. Additionally, the Contractor must verify that the vessel intends to maintain a proper lookout at all times required by USCG. The Government will provide blank Pre-trip Vessel Safety Checklist and or access to the SEFOP Pre-trip Vessel Safety Checklist online form to the contractor post award of the contract. Observers must complete the Pre-trip Vessel Safety Checklist prior to departure on a vessel for the first time. All items on the Pre-trip Vessel Safety Checklist must be filled out and must meet the USCG safety requirements. If the observer feels they should not board the vessel because it is unsafe or inadequate to carry out their duties, they must contact the Contractor immediately. The Contractor must notify the government within 24 hours. The Contractor shall notify the vessel owner. No specific notification time limitation is required;

however, the Contractor shall notify the vessel owner in enough time so the vessel owner can take corrective action if needed.

1.4.15. Observer Placement

The Contractor must assign observers without regard to any preference by representatives of vessels or buyers.

1.4.16. Observer Conduct / Behavior

Observers must maintain a professional and objective demeanor at all times. The Observer must avoid any behavior which could adversely affect the confidence of the public in the integrity of the SEFOP or of the Government.

Observers are thus expected to conduct themselves in a manner which will reflect favorably upon the SEFOP by maintaining high standards of honesty, integrity, impartiality, and conduct in all situations. The Contractor shall develop and enforce standards of conduct for Observer employees that are comparable to the following guidelines.

1. Must diligently perform their assigned duties;

2. Must accurately record their sampling data, write complete reports, and report honestly any observed or suspected violations of fisheries, natural resources conservation, or environmental laws or regulations;

3. Must not falsify their data;

4. Must protect the confidentiality of all collected data and observations made onboard vessels. Observers shall not use any data collected under this contract for purposes other than the performance of this contract nor shall Observers retain, release, reproduce, distribute, or publish any of the data without prior approval from the Government;

5. May not have a current direct financial interest, other than the provision of Observer services, in a commercial fishery, including, but not limited to: vessels or shore-side facilities involved in the catching or processing of the products of the fishery, related interests in selling supplies or services to these vessels or shore-side facilities, or related interests in processing raw or processed products from these vessel or shore-side facilities;

6. May not serve as an Observer on any vessel owned or operated by a person who previously employed the Observer;

7. Must not engage in any illegal actions or any other activities that would reflect negatively on their image as professional Observers or on the SEFOP as a whole. This would include, but is not limited to:

a. Engaging in drinking of alcoholic beverages during the period an Observer is assigned to a vessel;

b. Engaging in the use or distribution of illegal drugs;

c. Engaging in physical or emotional involvement with individuals directly related to or hired by the vessel owners, captains, or crew in the observed fishery; and

d. Engaging in criminal, dishonest, disrespectful, or disgraceful conduct that may be perceived as prejudicial to the Government.

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

If a vessel maintains a stricter policy for its employees, then the Observer must comply with said policy. Behavior that is contrary to these standards or to the intent of these standards would be considered grounds for the Government’s disqualifying the offending Observer from further participation in the program and/or refusal to accept the candidate in future program participation.

1.5. PERFORMANCE MONITORING

1.5.1 Performance Measures

This is a performance-based service contract and the Contractor performance measurements are detailed and listed in the Performance Requirements Summary below.

1.5.2 Quality Assurance Surveillance Plan (QASP)

The Government intends to monitor Contractor performance against the measures outlined in and in accordance with the monitoring methods outlined in Section 1.5.

1.6. OBSERVER RELEASE OF PERSONAL INFORMATION

Due to the critical and sensitive nature of the collected data, the Contractor shall have all employees, independent Contractors, and subcontractor employees complete an Authorization for Release of Information, authorizing the National Marine Fisheries Service to conduct a background investigation and a Security Worksheet for Non-employees, and submit to the COR no later than five (5) business days prior to a scheduled training or briefing session.

1.7 OBSERVER CANDIDATE SCREENING REQUIREMENTS

1. Medical examinations are required for each new hire and shall be redone and resubmitted each year thereafter.

Supporting documentation to verify the Observer candidate meets medical and psychological fitness requirements shall be provided in accordance with the Section 1.3.2.4 by Contractor to the Government prior to the completion of the required training.

2. The Government retains the right to reject any Observer proposed by the Contractor that does not meet the required qualifications or standards as identified herein, or if their behavior in other NOAA Fisheries Observer programs has been disruptive. The Government further retains the right to prohibit an Observer from participating in a project if the Observer violated the Observer Standards of Conduct listed in Section

1.4.16. or if the Observer failed to satisfactorily perform the required duties.

1.8 OBSERVER PERFORMANCE

The Government retains the right to prohibit an Observer from serving as an Observer if the following occur:

1. Violation of the Observer Standards of Conduct in Section 1.4.16.

2. Failure to satisfactorily perform the duties specified in the PWS.

If the Government determines the Observer’s data does not meet the data quality requirements of the SEFOP, the Contractor must follow the improvement steps outlined in its Contractor Quality Assurance Management Plan to ensure correction and enable Observer performance improvement.

1. Unsatisfactory performance as an Observer in a different Observer program

The Government retains the right to reject any returning Observer proposed by the contractor if their performance was at an unsatisfactory level in other Observer programs or if their behavior in other Observer programs was disruptive or jeopardized the credibility of the Observer program.

1.9 DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility of protection of the confidentiality of Government records. Each officer or employee of the Contractor to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641. The section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any records of the US or whoever receives the same with intent to convert it to their uses or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

1.10. NOTICE OF GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the Contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay timely performance of the contract, the Contractor shall immediately notify the Contracting Officer, in writing, giving pertinent details provided, however, that this data shall be informational only in nature and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

1.11. OTHER CONTRACTOR RESPONSIBILITIES

The Contractor’s personnel shall perform their duties in a cooperative, professional manner. They shall be required to project the same professionalism as the Government employees with whom they work. The Government reserves the right to require the Contractor’s personnel to perform their duties and tasks without disruption of the work in the surrounding area. Contractor’s personnel shall immediately be removed from the premises by the Contractor if Contractor personnel performance endangers the safety or welfare of other personnel (either Government or Contractor), Government property, or on-going projects.

1.12. SAFETY PROGRAM

The Contractor shall abide by all established safety policies at NOAA offices; and all other federal, state, and all other industry relevant safety policies. Those Government Safety Policies will be provided upon written request by the

COR.

1.13 PERFORMANCE REQUIREMENTS SUMMARY

The performance requirements are identified and summarized below. The Contractor’s performance of the items will be evaluated continuously throughout the contract’s stated performance period, and in accordance with the Performance-based Quality Control Plan. The contractor shall meet the acceptable performance standards as noted below. Payment for services rendered will be based upon the successful and timely delivery of data collected during a specific vessel trip. Failure to deliver data from observed work-days includes: (1) no data delivery; (2) observer failure to participate in a timely debriefing; and (3) delivery of data where the data is determined to be fraudulent or does not meet the SEFOP data quality requirements. If the Contractor fails to deliver data as described above, the observed work-day is not considered “successful” and therefore, payment will not be received. The COR will be responsible for monitoring contract performance to assess progress. The CO shall be notified by the COR when it appears that contractor performance will not successfully meet the established measure.

Measure Standard Monitoring Method

Frequency Incentives/ Disincentives

1 Observer candidates pass the required training sessions

90% of Observer Candidates successfully pass training

COR review of Contractor Training Approval (as reported in the Monthly Status Report)

Monthly Positive or negative past performance rating in the Contracting Performance Assessment Reporting System (CPARS) – Task Order Option periods may not be exercised if the contractor receives a negative past performance rating.

Failure to comply with the performance standards may lead to contract termination for cause.

2 Data Management and the Contractor’s conformance to approved Quality Control Plan

98% audit score COR review of Deviation Audit and feedback from Project Managers

Within 14 calendar days of award, and updates or revisions within 30 days of contract anniversary date

Positive or negative past performance rating in the Contracting Performance Assessment Reporting System (CPARS) – Task Order Option periods may not be exercised if the contractor receives a negative past performance rating.

Failure to comply with the performance standards may lead to contract termination for cause.

3 Timeliness and…