B08_-_Solic_140F0S24Q0024_-_April_Boat_Trip.pdf

Nihoa Boat Charter Service SOLICITATION NO. 140F0S26Q0024

FWS PMNM Marine National Monument Page 1 of 52

SUPPLIES OR SERVICES AND PRICES

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and award. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request For Quote (RFQ). NAICS is 483111 with a size standard of 500 employees.

This document is conducted under the procedures of FAR Parts 12 and 13 incorporating provisions and clauses in effect through the current Federal Acquisition Circular (FAC) 2026-01. This requirement is a Small Business set aside.

This requirement is for one (1) Firm Fixed Price Commercial Services Contract for vessel services to the remote island of Nihoa, which is in Papahānaumokuākea Marine National Monument for invasive species removal.

PERIOD OF PERFORMANCE: 4/25/26 – 5/5/26.

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STATEMENT OF WORK

Background: Papahānaumokuākea Marine National Monument has a priority project/trip planned for invasive species removal, and native species monitoring on Nihoa Island. Nihoa is located within the remote Northwestern Hawaiian Islands and Papahānaumokuākea Marine National Monument (PMNM).

Because of small and isolated populations, many of Nihoa’s endemic species face a high risk of extinction from environmental catastrophes such as severe storms, disease outbreaks, and introduction of alien species. Control of invasive plants such as Sandbur (Cenchrus echinatus) and establishment of additional populations of rare species are necessary to buffer Nihoa’s endemic species [e.g., Nihoa Finch

(Telespiza ultima), Nihoa Fan Palm (Pritchardia remota)] from this high extinction risk.

Currently, our team is conducting work on Nihoa Island to protect native species including monitoring, invasive species removal, seed collection, captive feeding trials of Nihoa Finches, habitat studies, and other tasks that necessitate camping on Nihoa island for periods of five to 15 days at a time, one to two times each year. Nihoa Island is a small, steep volcanic fragment with no lagoon and little fringing reef to provide a protected landing site. Nihoa is an undeveloped wilderness. Other than the Refuge sign, there is no permanent infrastructure on the island. Transportation to Nihoa is only by sea, and landing on the island can be accomplished only at a single, rocky point in a semi-protected cove and is not possible during some sea states.

Objective: PMNM seeks an oceangoing vessel charter capable of extended ocean travel to support fieldwork in Papahānaumokuākea Marine National Monument. It is well established that approaching and landing on Nihoa requires knowledge and skills that can only be acquired through extensive experience working in high conditions with the objective of safely landing personnel and gear on rocky ledges in high surf conditions.

The vessel will be responsible for the following for its charter:

• transport of up to 12 passengers from Oahu, HI to Nihoa Island.

• land personnel and gear on Nihoa Island for field camp that can last from 1 to 16 days;

• extract personnel and gear from the island; and transport back to Oahu, HI.

• provide room and board to all passengers through the extent of the charter

• with appropriate permits and inspections, wildlife and wildlife resources may also be occasionally transported on the ship.

Schedule/Period of Performance: This contract will be one trip to Nihoa from 4/25/26 – 5/5/26.

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Vessel Requirements: The vessel must be suitable for open-ocean travel with sufficient fuel, water, and food stores, and must undertake regulatory compliance (see below) to transit to and operate within

PMNM as well as within the waters of the main Hawaiian Islands. The vessel must have, in proper working order, all required USCG approved safety, navigation and communication devices. The vessel must also be compliant with existing PMNM regulations including obtaining a vessel permit, rodent inspection with detector dogs, type-approved Vessel Monitoring System units, and hull, tender vessel, gear and ballast water inspections.

The contractor shall furnish the necessary personnel, equipment, services, and facilities to accomplish the objective and as follows below (except as otherwise specified). Any delays exceeding six hours due to failure of contractor furnished equipment, facilities, services, or assets shall result in the loss of that sea day at the contractor’s expense, excluding failures due to unforeseen weather, natural disasters, or health reasons. Scientific and camp equipment will be furnished by the USFWS biologists and partners.

Large Vessel Requirements:

1. The vessel captain and crew must have demonstrated experience operating in open waters as well as demonstrated experience in adverse sea conditions that include landing people and gear on rocky ledges in surf conditions.

2. The Primary Vessel will provide all passengers with a safety briefing before or shortly after departure to explain safety procedures, location of safety equipment and explain chain of command when undergoing various operations.

3. Vessel must be able to maintain a minimum cruising speed of 8 knots in average sea conditions within the operating area.

4. Vessel must have capacity to endure at least 21 days of operations.

5. The Vessel must provide two operational small boats as well as at least one back-up engine that supports the two small boats which are all capable of landing personnel and gear on remote islands. For trips disembarking at Nihoa specifically the small boats must be soft-hulled/inflatable boats such as a Zodiac in order to safely operate on challenging landing.

6. All small boats must be able to maneuver quickly and safely in near-shore surf zones to land personnel and gear on a rocky terrace in a small cove. The skiff must be capable of run up on the rocky landing site, providing addition stability and safety while disembarking or embarking people and gear. Gasoline fuel for the outboard motor must be stored in Coast Guard and/or DOT approved tanks or containers.

7. The vessel must have two trained small boat operators on board all trips, (a primary and a backup).

8. Operational capacity to clean gear returning to the vessel from islands (i.e. running

FWS PMNM Marine National Monument Page 4 of 52 water/space)

9. Deck or internal storage area of at least 200 sq ft for storing and transporting scientific and camp gear and accessories. Deck storage area may be continuous or separated into sections throughout the vessel.

10. Dry storage area of at least 100 cu ft for holding scientific equipment and electronics.

Dry storage area may be continuous or separated into sections throughout the vessel.

11. Clean and sanitary accommodations for crew and field party (variably numbering from three to 12 personnel) which may include both males and females. Stateroom and berthing arrangements must allow for separate rooms for male and female scientists.

12. Potable fresh water supply adequate for vessel and personal use (including showers and laundry) for all personnel aboard for at least 21-days. If a water-maker is not available, then a minimum of 4,000 gal is required.

13. Clean mattresses pillows and linens for the scientific field party.

14. A minimum of two heads and two showers shall be available to the scientific field party.

Soap, toilet paper, and paper towels shall be provided by the vessel.

15. Berthing, and galley spaces shall be adequately ventilated and free from tobacco smoke, excessive engine noise, and hydrocarbon fumes.

16. In an effort to reduce marine debris pollution, the Captain shall comply with waste management regulations as described in Section V of MARPOL and as regulated by the PMNM. The vessel shall be required to have a storage facility, with or without a trash compactor, to retain all refuse (except food and paper materials) or a means to incinerate this refuse so that it is not disposed of at sea.

17. All vessels operating within the Monuments must have at a minimum a Rodent Free Inspection and Ant Inspection each conducted by detector dogs no more than 48 hours prior to departure, a Hull Inspection or approved biofouling risk assessment report conducted no more than 14 days prior to departure, and a Ballast Water Record Inspection. If any small boat operations are proposed to occur within the Monument, then a Tender Vessel Fouling Inspection or risk assessment must occur within 14 days prior to departure as well. If any gear will be placed or used in the water or on land, you must schedule an inspection of these items before departing for the Monument also. For more information on who to contact to arrange these inspections please call USFWS.

18. Detector dogs must be used to carry out the required rodent and ant inspections. To prevent accidental introduction of invasive species, the ship is required to always have both rodent traps and ant traps on board.

19. If questionable information is generated from any of the inspections listed here, Contractor may be required to conduct cleaning or treatment operations such as rodent eradication, ant treatments, hull cleaning, or ballast water maintenance at Contractor’s own cost before departing for the Monument. If proposed gear or materials are found to be contaminated with alien species, Contractor may be required to conduct specific cleaning measures or complete replacement of contaminated items at Contractor’s own cost before departing for the Monument. Re-inspection may be required.

20. Additionally, recent concerns over the proliferation of alien algae in the main Hawaiian Islands has resulted in the need for a strong effort on the part of any visitor to ensure that they do not transport these species into the waters of the Monument. All small boats, engines, anchors, and lines will be visually inspected for any algal remnants or other alien species which must be removed prior to departure for the Monument. If necessary, the small boats must be washed and disinfected prior to departure from the main Hawaiian

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Islands. The same inspection procedure is required for small boats and associated equipment between uses at multiple atolls or islands within the Monument. If any alien species are found, they must be removed and placed in a sealed container until they can be properly disposed of upon return to Honolulu through coordination with proper authorities in the main Hawaiian Islands (i.e. USDA PPQ and HDOA).

21. In a similar manner, precautions to prevent the movement of Chondria tumulosa (a nuisance algae species) from the Chondria Management Zone (Holaniku/Kure, Midway and Manawai/Pearl & Hermes) to the main Hawaiian Islands must be followed when working in PMNM. The Monuments current Best Management Practices (BMP’s) must be followed for working in the Chondria Management Zone.

22. The deck must be cleaned with pressurized water prior to cargo loading, paying special attention to cracks and crevices that could harbor insects, such as the space between deck boards or beneath immovable objects. If pre-access monitoring detects ants onboard, then an insect treatment service must be implemented.

23. All vessels used to access the Monument must carry a minimum amount of Wreck Removal and Pollution insurance, specifically targeted and sufficient to provide for the vessel’s full extraction and removal from the Monument should it run aground or experience difficulties. The extraction method used must meet with the approval of USFWS and any other appropriate State of Federal resource trustee.

24. No release or exchange of ballast water will be permitted within either Monument.

25. Discharging gray water is allowed in the Monuments outside of all Special Preservation

Areas and the Midway Atoll Special Management Area (See attached Map). Discharging biodegradable solid waste associated with galley operations is restricted to 3 nautical miles (ground to 1 inch in diameter) and 12 nautical miles (unground) outside of all Special Preservation Areas and the Midway Atoll Special Management Area. This means that no food or kitchen rubbish may be thrown overboard within the Special Preservation Areas and the Midway Atoll Special Management Area. Also, there will be no intentional release of sewage, or black water, from the Primary Vessel within the Monument. All sewage will be held in a proper storage tank(s).

26. A cruise log must be maintained for the entire cruise and should include a description of activities and geographic locations of those activities. A copy of this cruise log will be provided to USFWS upon return to Honolulu.

27. The Contractor is responsible to arrange and produce all U.S. Customs and U.S. Department of Homeland Security documents, reports, and inspections as required by those agencies with respect to all personnel and cargo transported under this contract.

28. The Contractor shall provide adequate crew to affect the safe operation of the ship and provide appropriate watch standing. Small boat operators must have specific, demonstrated experience handling small boats for landing and extracting personnel and gear in surf.

29. Prior to departure, the Contractors will provide FWS with access to the Primary Vessel, small boats, and cargo containers to inspect for invasive plant, insect, or algal invasive species prior to the commencement of on-loading cargo in Honolulu. If any invasive species are found the Contractor must re-clean the contaminated areas prior to the on-loading of cargo.

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30. FWS will identify, label, and provide proper documentation for all hazardous materials prior to loading. Hazardous cargo will include fuel, herbicide, and some other hazardous materials (e.g. paints, engine oil).

31. Ensure all biosecurity policies are followed including certifying the vessel is “rodent-free” and all materials and supplies on the vessel and being transported are clean and free of any biological contaminants. Immediately contact the Monument Superintendent if any invasive plants or plant parts, insects or animals are observed before or during transit in both directions.

Small Boat Requirements:

1. A minimum of two fully operational small boats are required which follow all biosecurity protocols for the location(s) they are to be used at. In some cases three small boats may be required if work occurs in areas with Chondria and areas without Chondria.

2. Either two fully operational small boats will be in the water at all times during at sea transfers, or, if one small boat is conducting at sea transfers the second small boat must be fully operational and be rigged for immediate deployment.

3. Each boat must be outfitted with: a fully functional outboard engine, 1 EPIRB or Pathfinder

Pro Search and Rescue Transponder, 2 VHF radios, 2 anchors with minimum of 100 ft of line each, 1 personal floatation device for each individual transported in the small boat, compass, charts, emergency bucket with a minimum of 1 portable water desalinator or 2 flats of bottled water, emergency rations, emergency blankets, tool kit, spare engine parts, and a flare kit.

4. Closed toe shoes are required for all small boat work in both Monuments for small boat handlers and scientists.

5. Small boats must be able to carry cargo

Electronic and Communication Equipment Requirements:

1. VHF Radio; a minimum of two radios, one of which must be fixed mounted in the bridge. Two additional radios are required for each skiff. (FWS will provide VHF radios for scientists' use while on-island).

2. Single side-band unit.

3. GPS (Global Positioning System).

4. Radar ― 2 units with a minimum range of 38.6 km (24 miles).

5. Satellite telephone with internet access. Vessel Monitoring Equipment.

Crew Requirements:

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1. The contractor shall provide a licensed Captain the cruise. The captain must have experience operating in open seas and landing personnel and gear in surf conditions on rocky shorelines.

2. The contractor shall provide adequate crew to effect the safe operation of the ship and provide appropriate watch standing. Skiff operators must have specific, demonstrated experience handling small boats for landing and extracting personnel and gear at Nihoa Island or other remote islands lacking infrastructure.

3. The contractor shall also provide a cook/steward for the duration of each cruise.

4. All ship’s crew must comply with USFWS personal conduct, alcohol, and drug policies.

5. Government personnel will provide their own safety, survival, and emergency equipment for operations conducted away from the vessel, i.e., on Nihoa island.

Operating Procedures:

1. Three meals and snacks will be provided by the vessel for the resident field party during each charter day including in-port days, unless notified by the Chief Scientist that the field party will not be eating one or more meals aboard the vessel that day. Reasonable accommodations shall be made for personnel on restricted diets (not limited to the following examples: gluten-free, dairy-free, Vegetarian and Vegan). Meal times will be coordinated with the Chief Scientist.

Packaged lunches and refreshments will be provided for field party personnel who are berthed aboard the vessel while at anchor in the field and for crew while conducting operations away from the vessel and will comply with quarantine requirements within PMNM. Field party personnel camped on the island will provide their own meals and water. The Chief Scientist will notify the cook one day prior to needing packaged lunches.

3. The Captain will maintain close communication with the Chief Scientist, at least once each day while the vessel is at anchor, to discuss daily operations, weather forecasts, and resolve any problems that occur.

4. The Chief Scientist and Captain will work together to resolve all problems which occur regarding the charter and scientific operations while at sea. In the event the Field Party Chief and Captain are unable to resolve any problem which has the potential for invalidating the scientific research or threatens the safety of the field party, the Chief Scientist will direct the vessel to return to port where an acceptable solution will be arranged between the Government and the

Contractor, or the charter will 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 survey area.

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5. The Captain and crew shall exercise due caution and follow safety procedures as directed by the

Field Party Chief to help prevent damage or loss of Government gear and equipment. Specific safety procedures may be presented in writing to the Captain by the Chief Scientist. Repair or replacement costs may be deducted from charter payments if loss or damage to Government equipment is the result of negligent disregard of such instructions and procedures.

6. All equipment and gear specified in the Government's statement of work and that which is not specified but is necessary to the safe and continued operation of the vessel shall be operational at the beginning of the charter and maintained in working order throughout the duration of the charter.

7. The Contractor shall provide for all operating expenses of the vessel exclusive of scientific equipment and supplies.

Safety

1. The vessel Captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The Captain will adhere at all times to Navigational Rules and Rules of the Road whether it be while towing, running, drifting, or when at anchor. He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg.

The Contractor shall provide U.S. Coast Guard-approved life jackets for all personnel aboard.

The Government may provide additional personal flotation devices as deemed necessary by the Chief Scientist.

2. The Contractor shall provide a first-aid kit, an Automated External Defibrillator (AED) and a small boat emergency kit with appropriate visual distress signal devices (as required by the USCG federal required items for boats). The Government will provide additional first aid kits/medical supplies, and emergency equipment for operations conducted away from the vessel.

3. At the time of submission of the proposal and bid, the Contractor shall indicate that they have or can obtain a vessel Stability Report, certified by a licensed naval architect/marine engineer, which describes the vessel's stability characteristics for the intended charter operations. 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.

Mission Plan, Pre/Post Cruise Meeting, and Cruise Report:

1. The Chief Scientist will draft a Mission Plan that will detail the mission, itinerary, scientific personnel, program provided equipment, and operations conducted on the cruise. The Mission

Plan will be provided to the vessel prior to departure.

2. Pre-cruise meetings will be scheduled by the Chief Scientist with the Captain of the vessel to review the Mission Plan and discuss cruise related issues. Additional personnel may attend, including but not limited to program leaders, directors office representative, scientific staff, FWS PMNM Marine National Monument Page 9 of 52 and essential ship crew. A safety briefing for all crew and scientific staff and a cultural briefing shall be prior to leaving port in Honolulu.

3. A post-cruise meeting will be scheduled by the Chief Scientist and the Captain of the vessel to review the cruise and provide feedback to the Contractor and Contracting Officer/COR. Any un-resolved issues that arose during the cruise shall be discussed at this time. Additional personnel may attend, including but not limited to program leaders, directors office representative, scientific staff, and essential ship crew.

DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period of 4/25/26 – 5/5/26.

The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the

Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the

Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice

Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this https://www.cpars.gov/

FWS PMNM Marine National Monument Page 11 of 52 invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

CONTRACT CLAUSES

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-

3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

MAR 2023

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.244-5 COMPETITION IN SUBCONTRACTING AUG 2024

52.253-1 COMPUTER GENERATED FORMS JAN 1991

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The following clauses are provided in full text:

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

(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 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).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10

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(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) (Public 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 (Jun 2020), with Alternate I (Nov

2021) (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

2010) (Section 1553 of Pub. L. 111-5).

_X_ (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).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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).

_X_ (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).

_X_ (11)(i) 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.

_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 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).

https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

FWS PMNM Marine National Monument Page 15 of 52

__ (14) [Reserved].

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

__ (16) 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).

__ (17) [Reserved]

_X_ (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 52.219-6.

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

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

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) of 52.219-9.

__ (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.

_X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26)(i) 52.219-28, Post award Small Business Program Re-representation (Jan 2025) (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)).

__ (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)).

https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim

FWS PMNM Marine National Monument Page 16 of 52

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (i) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (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).

_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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 (Jan 2025) ( Executive Order 12989).

__ (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)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) ( 7 U.S.C. 8102, 42

U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

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

__ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1

FWS PMNM Marine National Monument Page 17 of 52

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

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV…