Sol_1333MF24Q0012.pdf

COMBINED SYNOPSIS/SOLICITATION

LA Skimmer Trawl Survey

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part

13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1333MF24Q0012.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02 (JAN 2024) (Deviation 2024-06) (JAN 2024).

(iv) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 483114. The small business size standard is 550 employees.

(v) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials services and facilities (unless otherwise provided herein) to provide charter operations for two consecutive weeks per trip in the LA State waters of Chandeleur Sound and Lake Borgne in waters <10 ft. in accordance with the Statement of Work. Period of Performance April 22, 2024 through October 31, 2025

(vi) Description of requirements is as follows:

See attached Statement of Work

INVOICES TO BE BILLED IN ARREARS OF COMPLETED SERVICES. PROVIDE

MONTHLY AND ANNUAL PRICING FOR THE BASE YEAR. QUOTE PRICING MAY BE

PROVIDED ON ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

(vii) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be: April 22, 2024 through October 31, 2025

Place of Performance: Trawling will occur in LA State waters of Lake Borgne and Chandeleur Sound in waters <10 ft

(viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

https://www.acquisition.gov/far/part-52#FAR_52_212_1

(ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment. Offerors are advised to include a completed copy of the provision with its offer.

(xi) FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF18 attachment.

(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023), applies to this acquisition apply can be found in full text on the Request for Quote form SF18 attachment.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF18 attachment.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) Quotes are required to be received in the contracting office no later than the date and time written on block 10 of the attached SF18. All quotes must be submitted electronically via email to Shawana.Randolph@noaa.gov

(xvi) Any questions regarding this solicitation should be submitted electronically via email to Shawana.Randolph@noaa.gov

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN

WRITING VIA EMAIL TO Shawana.Randolph@noaa.gov. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 2 days before the posting offerors due/close date. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause) https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

STATEMENT OFWORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

SEFSC Miami Marine Mammal and Turtle Division

LA Skimmer Trawl Survey

I. Background/Overview:

An in-water sea turtle trawl survey is being conducted in the Lousiana State waters of Chandeleur Sound and Lake Borgne. The survey will be conducted using an otter trawl in waters >10 ft in depth and a skimmer trawl in waters < 10 ft in depth. The goal of this survey is to provide updated information on sea turtle habitat use and abundance in eastern LA waters to inform restoration planning and restoration evaluation in the LA Restoration Area. The objectives are to document sea turtle distribution and habitat use in Louisiana; to understand how and where important habitats overlap with known threats; and to inform the development of further sea turtle management in LA.

II. Scope of Work

The contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to provide charter operations for two consecutive weeks, Monday to Friday sea days in the LA State waters of Chandeleur Sound and Lake Borgne (Figure 1) in waters <10 ft. Operations will be conducted for up to two consecutive weeks, Monday to Friday sea days in late April/May, July, and September/October in both 2024 and 2025. The vessel will operate during daylight hours with one NOAA sea turtle biologist aboard. The vessel will be used in performing skimmer trawl operations during daylight hours (6 am - 6 pm) to capture sea turtles. Trawls will be conducted using transects starting at pre-selected points and last for 30 minutes. The skimmer trawl will double sample up to 60 individual transect over each 2 week period. Trawling will begin on Monday and continue through Friday (Week 1) when the vessel may return to port to resupply and return to resume trawling on the following Monday through Friday (Week 2). Transects conducted on week 1 will be repeated in week 2. This sampling protocol will repeat for each of the two week sampling periods in 2024 and 2025.

Captured sea turtles will be held aboard the vessel while they are measured and tagged with satellite tags prior to release the same day. The equipment required to perform the work will be provided by NOAA Fisheries except for vessel services. In addition, the vessel daily rate will include the services of the captain and a minimum of one crew member, fuel, and accommodate a NOAA biologist during trawling operations. The contractor is responsible for providing food and drink for the vessel's captain and crew. The vessel will operate in the vicinity of the NOAA vessel R/V Caretta as NOAA biologists will be transferred to the R/V Caretta each night for berthing accommodations. NOAA shall provide its participants with required meals and drinks.

III. Tasks

A. Minimum Vessel requirements: Below are the minimum requirements necessary to be considered for the contract unless otherwise specified.

1. USCG inspected vessel with all equipment listed in the Code of Federal Regulations (46 CFR §25) Must provide proof of USCG Certificate of inspection (and that it is current for the duration of the charter period).

2. Length (LOA) of at least 50 ft suitable for inshore work

3. Maintainable cruising speed between 2-5 knots

4. Minimum of 2 DSC VHF radios (Digital Selective Calling), single side band radio or satellite phone, EPIRB (Emergency Position Indication Radiobeacon), automatically deploying life raft, and all safety equipment required by the USCG

5. Ability to safely operate away from port.

6. At least 100 sq ft of useable deck space

7. Ability to operate independently of land for at least 5 days

8. Skimmer trawl nets

9. Refrigerated storage capacity for food for NOAA scientists while onboard

10. Fresh water abroad

11. Capable of pinpoint gear deployment and retrieval (within 5m)

18. Depth sounder, radar, 2 GPS units, and 120VAC power

19. Ability to download trawl transect data from GPS unit

20. The vessel must be provisioned with appropriate first-aid and medical supplies including adequate supplies to provide basic medical support for animal bites, common injuries (including slips, trips, falls, sprains, strains) and illness (including seasickness, common cold, food borne illness, etc.).

B. Crew Requirements and Experience:

1. The minimum crew shall consist of one Captain and one crew member.

2. The Captain shall have a minimum of three (3) years’ of captaining vessels.

3. The Captain and crew must have a working knowledge of fishing gear and experience accurately deploying and retrieving gear is essential.

4. The crew must have the capability of handling/holding turtles to assist the NOAA scientist if needed.

C. Scientific Personnel

1. The Government field party will consist of a maximum of two (2) scientists and may include any genders.

2. One Government employee will be designated Field Party Chief/Chief Scientist.

That person will be responsible for implementation of the Cruise Plan, compliance with the charter terms, and the conduct and performance of Government personnel aboard the vessel.

D. Operating Procedures

1. The vessel will perform daylight operations. Shift length and hours will be determined by the Field Party Chief (FPC) in consultation with the Captain. The decision will be based on prevailing weather conditions and the Cruise Plan. NOAA scientists will transfer from the R/V Caretta to the skimmer vessel at the start of each morning.

a. Trawl operations

i. Trawling will begin after sunrise and cease before sunset with exact time depending on tides and weather conditions.

ii. Approximately 60 transects will be selected from random points in appropriate depths and habitats within the study area (approx 30 transects in Chandeleur Sound and 30 in Lake Borgne), 60 will be executed by the skimmer vessel and 60 by the otter vessel. Once selected, the same transects will be sampled among all seasons and years. Approximately 12 separate transects will be sampled each day. Sampling will occur for 5 days and then repeated the following week to double sample each transect for each season in both years. Trawls will be deployed for 30 minutes of bottom time at a targeted speed of 2.5 kts for an approximate transect of

1.25 nm. Trawls will use non-TED equipped large mesh “turtle” nets to minimize bycatch of non-turtles. Upon completion of each 30-minute tow, turtles will be brought onboard for biological sampling and tagging.

2. The Field Party Chief and Captain shall meet a minimum of twice a shift to discuss survey operations and resolve any problems that occur. A meeting should occur at the start of the day before sampling operations begin to discuss the planned activities for the day and at the end of the day to review the work completed that day, any problems which occurred, and plans for the next day’s operations.

NOAA Scientists should be transferred to NOAA vessel R/V Caretta at the end of each day.

3. The Field Party Chief and Captain shall work together to resolve all problems which occur regarding the charter. In the event the Field Party Chief and Captain are unable to resolve any problem which could threaten the safety of the field party, the Field Party Chief will direct the vessel to return to port where an acceptable solution will be arranged between the Government and the Contractor or the charter may be terminated.

The vessel will be off charter if required to return to port and will remain off charter until the problem has been resolved and the vessel has returned to the sampling area.

4. The Captain and crew shall exercise due caution and follow safety procedures as directed by the Field Party Chief to prevent harm to sea turtles and help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Field Party Chief.

5. The Contractor shall provide for all operating expenses of this charter. All potential costs to be incurred should be included in unit prices in the schedule.

E. Safety

1) The vessel Captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The Captain shall adhere at all times to Navigational Rules and Rules of the Road whether it be while towing, running, drifting, or at anchor.

He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg. Reference Clause entitled – CHARTER VESSEL SAFETY.

2) The Contractor shall adhere to the safety requirements set forth in 46 CFR Part 28.

3) A Category I 406 MHZ EPIRB (Emergency Position Indicating Radio Beacon) must be affixed to the exterior of the vessel in a manner approved by the U.S. Coast Guard.

4) Periodic safety drills shall be conducted during the survey. At least one drill shall be held each week.

IV. Period of Performance

Vessel will need to be available for two consecutive weeks, Monday to Friday sea days in late April/May (April 22 to May 3, 2024), July, and late September/October in both 2024 and 2025.

Dates for April/May 2024 are April 22 to May 3, 2024. Other specific dates are TBD.

V. Place of Performance

Trawling will occur in LA State waters of Lake Borgne and Chandeleur Sound in waters <10 ft (Figure 1).

Figure 1. Study Area

VI. Deliverable Schedule

Delivera ble

Description Quantity/Media Completion Due Date

1 10 sea days within the place of performance between 21 April and 4 May 2024

Vessel Services at Sea

04 May2024

2 10 sea days within the place of performance between 15 Jul and 3 August 2024

Vessel Services at Sea

10 August 2024

3 10 sea days within the place of performance between 30 September and 18 of October 2024

Vessel Services at Sea

25 October 2024

4 10 sea days within the place of performance between 15 April and 11 May 2025

Vessel Services at Sea

15 May 2025

5 10 sea days within the place of performance between 15 Jul and 3 August 2025

Vessel Services at Sea

10 August 2025

6 10 sea days within the place of performance between 30 September and 18 October

Vessel Services at Sea

25 October 2025

VII. Government-Furnished Resources

The following items may be provided and utilized by the Government during performance of the contract:

1. All scientific sampling equipment and supplies, includes but not limited to large mesh “turtle” nets.

2. Bins or tires to hold turtles.

3. Satellite tags

4. All equipment to measure and sample turtles.

Any/all Government equipment provided for use during the survey shall be for use in the performance of this contract only. Upon completion of the contract, all equipment required/used/provided shall be returned to the Government.

Services Contractor will work primarily: ☐ On-Site x Off-Site Services Contractor requires access to NOAA facilities:

☐ Required x Not Required

Services Contractor requires a PIV or CAC: ☐ Required x Not Required Services Contractor requires a NOAA email address: ☐ Required x Not Required Services Contractor requires use of DOC-Owned IT equipment (laptop or desktop computer)

☐ Required x Not Required

Services Contractor requires non-Government IT equipment to connect to a DOC network:

☐ Required x Not Required

Services Contractor requires access to non-public DOC/NOAA data:

☐ Required x Not Required

Services Contractor will be provided on-site office space with incidental Government Property (desk, chair, phone, and other similar equipment that remains onsite, per FAR 45.000 (5)

☐ Provided x Not Provided

For Services Contractors doing laboratory work, the government will provide typical lab supplies and equipment for use:

☐ Provided x Not Provided

Description of other access or equipment requirements not already addressed above:

VIII. Security Requirements

N/A

IX. Applicable Standards

N/A

X. Special Requirements

N/A

a. Confidentiality and Data Privacy

This contract may require that services contractors have access to Privacy Information. Service contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. 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 purchase 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.

c. IT Security

The contractor will not require access to Federal Buildings, DOC Systems and includes an IT component.

d. Section 508 Compliance

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.

105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

XI. Inclusion of Clause 52.217-8

Inclusion of FAR clause 52.217-8, Option to Extend Services, is for use by the Government as outlined at FAR 37.111, Extension of Services. If an option is included, it will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise. Evaluation of options will not obligate the Government to exercise the option(s).

XII. Required Knowledge and Experience:

http://www.access-board.gov/ http://www.section508.gov/

1. The Captain shall have a minimum of three (3) years’ of captaining skimmer trawl vessels.

2. The Captain and crew must have a working knowledge of fishing gear and experience accurately deploying and retrieving gear is essential.

XIII. Evaluation Factors:

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

Technical Evaluation Factors:

Factor 1--TECHNICAL APPROACH. The quotation will be evaluated on how the offeror intends to organize, staff and manage the contract and the means that will be used to accomplish the contract requirements. The degree to which the quotation demonstrates an understanding of the requirements as well as the minimum vessel requirements stated in the SOW will be evaluated.

Factor 2--EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance. Specifically, professional experience running skimmer trawl vessels with a licensed captain with a minimum of three years experience and a deckhand capable of assisting deployment and retrieval of trawl fishing gear.

Factor 3--PAST PERFORMANCE. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, effective management of subcontractors, cost management, level of communication between the contracting parties, proactive management and customer satisfaction.

● Offeror shall provide at least three (3) past performance references. Provide name, address, phone number, and name of the project.

If a quoter has no relevant past performance, the quoter must affirmatively state that it possesses no relevant past performance history. Offerors who fail to either provide past performance information or affirmatively state that they have none, may be considered as non-compliant to the solicitation.

Factor 4 - COST/PRICE. The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed costs must be entirely compatible with the technical approach.

XIV. Project Lead provided at time of award.

Contractor's Invoice:

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(FEB 2023)

Applicable to all awards made after October 1, 2023.

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: Document outlining service dates or itemized receipt of services;

Invoice on Company Letterhead is acceptable

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause) https://www.ipp.gov

1333MF24Q0012

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

143031-24-0035

1 43

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

NMFS Field Delegates 10/31/2025

OPERATIONS MGMT & INFO SERVICE

75 VIRGINIA BEACH DRIVE

F/SECX2

MIAMI

FL 33149

SHAWANA RANDOLPH

02/21/2024 1200 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 04/22/2024 to 10/31/2025

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1333MF24Q0012 BASE

Section II - Supplies or Services and Price/Costs Section IX - Contract Clauses

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

NOTICE: THE GOVERNMENT DOES NOT

ACCEPT RESPONSIBILITY FOR NON-RECEIPT

OF QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A

CONFIRMATION OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY

FORM.

QUOTES WILL BE EVALUATED BASED ON (FAR

52.212-2) IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT

PROVIDE ALL EVALUATION CRITERIA WILL

NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY

REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) TO BE ELIGIBLE FOR AN

AWARD.

QUOTES RECEIVED FROM CONTRACTORS

WHO ARE NOT ACTIVE IN SAM WILL NOT BE

CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE, FIRM-

FIXED PRICE PURCHASE ORDER TO BE

AWARDED UTILIZING TRADE-OFF

PROCEDURES.

0001 60 DA

The contractor shall furnish the necessary personnel, material, equipment, services and facilities to provide charter operations for two consecutive weeks (per trip) in the LA State waters of Chandeleur Sound and Lake Borgne in waters <10 ft. in accordance with the Statement of Work.

Award Type: Firm-fixed-price Product/Service Code: V115 Requisition No: 143031-24-0035

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

1 Utilization of FedConnect for Contract Administration

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to

SHAWANA.RANDOLPH@NOAA.GOV

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria will not be accepted.

1. Evaluation- Commercial Products and Commercial Services (Nov 2021) Offers will be evaluated based on price and the factors set forth in paragraph (a).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are https://sam.gov/content/home determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non-Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Paragraph (a) is hereby completed as follows: Evaluation will be based on the following:

1. Technical Approach and Capability.

The quotation will be evaluated on how the offeror intends to organize, staff and manage the contract and the means that will be used to accomplish the contract requirements. The degree to which the quotation demonstrates an understanding of the requirements as well as the minimum vessel requirements stated in the SOW will be evaluated.

2. EXPERIENCE. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance. Specifically, professional experience running skimmer trawl vessels with a licensed captain with a minimum of three years experience and a deckhand capable of assisting deployment and retrieval of trawl fishing gear

3. Past Performance. The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references from at least two separate contracts for similar and relevant services including the phone number, full address, and e-mail address.

• Offeror shall provide at least three (3) past performance references. Provide name, address, phone number, and name of the project.

• If a quoter has no relevant past performance, the quoter must affirmatively state that it possesses no relevant past performance history. Offerors who fail to either provide past performance information or affirmatively state that they have none, may be considered as non-compliant to the solicitation

• Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

4. COST/PRICE. The proposed prices/costs will be evaluated. The cost evaluation will determine whether the proposed costs are realistic, complete, and reasonable in relation to the solicitation requirements. Proposed costs must be entirely compatible with the technical approach.

Quoted prices must be entirely compatible with the Non-Price Technical Solution.

The Government intends to award a trade-off, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

“THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT”.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Dec 2023) (Deviation 2024-06) (Jan 2024) (Deviation 2024-03) (Oct 2023) (Deviation 2023-03) (Dec 2022) (Deviation 2021-06) (Sept 2021)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 2023) (Deviation 2024-06) (Jan 2024) (Deviation 2024-03) (Oct 2023) (Deviation 2023-03) (Dec 2022) (Deviation 2021-06) (Sept 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial Products and Commercial Services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(dPublic Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial Products and Commercial Services:

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Nov 2021), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2020) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_XX_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (Jun 2020).

(Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

_XX_ (11) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_XX_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644

__ (15)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022 (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (17) [Reserved] _XX_ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

(DEVIATION 2023-03) (DEC 2022)

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

_XX_ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(s)). (Deviation 2021-06) (Sept 2021) __ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657 f).

_XX_ (26) 52.219-28, (i) Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

_XX_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

_XX_ (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

(Deviation 2024-06) (Jan 2024) _XX_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_XX_ (34) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (35) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

_XX_ (36) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_XX_ (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). 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https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial Products and Commercial Services as prescribed in 22.1803.)

__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_XX_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3. (Deviation 2024-06) (Jan 2024) __ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements…