143011-24-0187 - Sources Sought Notice - Amendment 1.pdf

SOURCES SOUGHT NOTICE

NOAA OLE Un-crewed Aircraft System Requirement to Protect Northern Right Whales

This Sources Sought Notice is for market research purposes only and does not constitute a Request for Proposal or Quotation. It is not considered to be a commitment by the Government to award a contract nor will the Government pay for any information provided; no basis for claim against the Government shall arise as a result from a response to this Sources Sought Notice or Government use of any information provided.

Pursuant to FAR Part 10 (Market Research), the purpose of this notice is to:

1. Determine if sources capable of satisfying the agency's requirements exists.

2. Determine whether the acquisition should utilize any of the small business programs in accordance with FAR

Part 19.

Pursuant to FAR Part 6 and FAR Part 19, competition and set-aside decisions may be based on the results of this market research. This notice in no way obligates the Government to any further action.

Requirement: Endangered North Atlantic right whales are at heightened risk for vessel strikes because they spend a lot of time at or close to the water's surface. Vessel strikes are a primary threat to the species. The Right Whale Ship Strike Reduction Rule (RWSSRR, 50 CFR 224.105) currently directs vessels 65 feet (19.8 meters) or longer to travel at 10 knots or less in certain locations (called Seasonal Management Areas or SMAs) along the U.S. East Coast at certain times of the year to reduce the threat of vessel collisions with endangered North Atlantic right whales.

NOAA Office of Law Enforcement (OLE) enforces more than 40 laws designed to protect marine life and their habitat. OLE enforces domestic laws and international treaty requirements to ensure global marine resources are available for future generations. In partnership with states and other federal agencies, OLE Special Agents and Enforcement Officers work on all U.S. coasts and inland riverways to ensure compliance with the nation’s marine resource laws and take enforcement action when violators disobey the laws. Our primary jurisdiction is the U.S.

Exclusive Economic Zone, which extends 230 miles (200 nautical miles) off the U.S. coast. In total, OLE’s enforcement operations cover more than 95,000 miles of coastline and more than 4 million square miles of ocean.

OLE is in need of a service provider that can provide and operate long-distance/long-duration un-crewed aircraft systems (UAS) to locate and identify vessels subject to the RWSSRR1 traveling at speeds over 10 knots in Seasonal Management Areas (SMAs) during posted times that are not able to be identified and sanctioned via other sources (AIS, shore-based collection platforms). The service provider must provide evidence of sufficient quality to issue a notice of violation to and extract fines from vessel owners/operators found to be speeding.

1 Currently all vessels greater than or equal to 65 ft (19.8 m) in overall length and subject to the jurisdiction of the United States and all vessels greater than or equal to 65 ft in overall length entering or departing a port or place subject to the jurisdiction of the United States. However, a proposed rule is currently out which would include most vessels greater than or equal to 35 ft (10.7 m).

Anticipated Period of Performance:

A. Priority areas/times for flights are as follows. Dates are approximate, but the contractor should anticipate using these dates unless circumstances warrant minor changes.

Starting in summer or fall of 2024 and repeating annually for 2025 and 2026:

o Shipping lanes in Great South Channel SMA [In effect 4/1 - 7/31]

▪ Fly out of/near United States Coast Guard (USCG) Station Nantucket, Massachusetts

● Maximum of six (6) flight days occurring within the first two weeks of July 2024.

o Southeast SMA [In effect 11/15 - 4/15]

▪ Fly out of/near St. Augustine, Florida

● Maximum of six (6) flight days occurring in the first two weeks of November 2024 (or mid-December 2024 to mid-January 2025 if two platforms are available).

▪ Fly out of/near Fernandina Beach, Florida

● Maximum of six (6) flight days occurring in the last two weeks of November 2024

▪ Fly out of/near Brunswick, Georgia

● Maximum of six (6) flight days occurring in the first two weeks of February 2025 o Mid-Atlantic SMA [In effect 11/1 - 4/30]

▪ Fly out of/near Charleston, South Carolina (Johns Island USCG Aviation Detachment)

● Maximum of eighteen (18) flight days occurring between mid-December 2024 and mid-January 2025

▪ Fly out of/near Wilmington, North Carolina

● Maximum of six (6) flight days occurring within the first two weeks of March 2025

▪ Fly out of/near USCG Station Point Judith, Rhode Island Block Island Sound

● Maximum of six (6) flight days occurring within the first two weeks of April 2025

Contract Line Item Numbers (CLINs) SMA Name Dates active

Total flight days

1001 (optional) 2001 (optional)

Great South Channel In effect 4/1 - 7/31 USCG Station, Nantucket MA 7/1 ~ 7/15 4 to 6 days

1002 (optional) 2002 (optional)

Mid-Atlantic SMA In effect 11/1 - 4/30 USCG Station, Johns Island SC 12/15 ~ 1/15 12 to 18 days Wilmington NC 3/1 ~ 3/15 4 to 6 days USCG Station, Point Judith RI 4/1 ~ 4/15 4 to 6 days

1003 (optional) 2003 (optional)

Southeast SMA In effect 11/15 - 4/15

Fernandina Beach FL 11/15 ~ 11/30 4 to 6 days Saint Augustine FL 11/1 ~ 11/15 4 to 6 days (St. Augustine potential alternate fight dates) 12/15 ~ 1/15 Brunswick GA 2/1 ~ 2/15 4 to 6 days

NAICS Code/Size Standard:

The applicable NAICS Code is 541370; Surveying and Mapping (except Geophysical) Services - size standard is $19M.

Scope of Work:

(1) Investigative requirements for Non-IT Service Contracts are:

(i) High Risk—Background Investigation (BI).

(ii) Moderate Risk—Moderate Background Investigation (MBI).

(2) Investigative requirements for IT Service Contracts are:

(i) High Risk IT—Background Investigation (BI).

(ii) Moderate Risk IT—Background Investigation (BI).

(b) In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check.

(c) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). To be employed under this contract within the United States, non-U.S. citizens must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer of the contracting operating unit in consultation with the DOC Office of Security (OSY) headquarters. (OSY routinely consults with appropriate agencies regarding the use of non-U.S. citizens on contracts and can provide up-to-date information concerning this matter.)

(d) Security Processing Requirement. Processing requirements for High and Moderate Risk Contracts are as follows:

(1) The contractor must complete and submit the following forms to the Contracting Officer's

Representative (COR):

(i) Standard Form 85P (SF-85P), Questionnaire for Public Trust Positions;

(ii) FD-258, Fingerprint Chart with OPM's designation in the ORI Block; and

(iii) Credit Release Authorization.

(2) The Sponsor will ensure that these forms have been properly completed, initiate the CD-254, Contract Security Classification Specification, and forward the documents to the cognizant Security Officer.

(3) Upon completion of security processing, the Office of Security, through the servicing Security Officer and the Sponsor, will notify the contractor in writing of an individual's eligibility to be provided access to a Department of Commerce facility or Department of Commerce IT system.

(4) Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the Sponsor must request an Immigration and Customs Enforcement agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

(e) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the COR will be notified. The Sponsor, in coordination with the Contracting Officer, will immediately remove the contract employee from duties requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude;

(2) Falsification of information entered on security screening forms or on other documents submitted to the Department;

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government, regardless of whether the conduct was directly related to the contract;

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(f) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(g) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(h) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

Place of Performance:

Work will be conducted at other than the government facility (i.e. off-site) at locations specified in Task 1.

Seasonal Management Areas are provided below for reference.

Work will be conducted at other than the government facility (i.e. off-site) at locations specified in Task 1.

Seasonal Management Areas are provided below for reference.

Seasonal Management Areas

Seasonal Management Areas - Northeast

Cape Cod Bay, January 1 - May 15

Includes all waters of Cape Cod Bay with Northern Boundary of 42º04'56.5"N, 070º12'W to 42º12'N, 070º12'W, then due west back to shore.

Off Race Point, March 1 - April 30

Waters Bounded by:

42º04'56.5"N, 070º12'W

42º12'N, 070º12'W

42º12'N, 070º30'W

42º30'N, 070º30'W

42º30'N, 069º45'W

41º40'N, 069º45'W then due west back to shore.

Great South Channel, April 1 - July 31

Waters Bounded by:

42º30'N, 069º45'W

42º30'N, 067º27'W

42º09'N, 067º08'24"W

41º00'N, 069º05'W

41º40'N, 069º45'W then back to starting point.

Seasonal Management Areas - Mid-Atlantic

Block Island Sound waters bounded by:

40º51'53.7" N 070º36'44.9" W

41º20'14.1" N 070º49'44.1" W

41º04'16.7" N 071º51'21.0" W

40º35'56.5" N 071º38'25.1" W, then back to starting point.

Within a 20-nm (37 km) radius of the following (as measured seaward from the COLREGS lines):

-Ports of New York/New Jersey:

40º29'42.2"N 073º55'57.6"W

-Entrance to the Delaware Bay

(Ports of Philadelphia and Wilmington):

38º52'27.4"N 075º01'32.1"W

-Entrance to the Chesapeake Bay

(Ports of Hampton Roads and Baltimore):

37º00'36.9"N 075º57'50.5"W

-Ports of Morehead City and Beaufort, NC: 34º41'32.0"N 076°40'08.3"W

Within a continuous area 20-nm from shore between Wilmington, North Carolina, to Brunswick, Georgia, bounded by the following:

A- 34º10'30"N, 077º49'12"W

B- 33º56'42"N, 077º31'30"W

C- 33º36'30"N, 077º47'06"W

D- 33º28'24"N, 078º32'30"W

E- 32º59'06"N, 078º50'18"W

F- 31º50'00"N, 080º33'12"W

G- 31º27'00"N, 080º51'36"W and west back to the shore.

Seasonal Management Areas - Southeast

Area bounded to the north by latitude 31º27'N; to the south by latitude 29º45'N; to the east by longitude 080º51'36"W.

Submission of Information:

Companies having capabilities necessary to meet or exceed the stated requirements are invited to provide information to contribute to this market survey/sources sought notice including commercial market information and company information.

Companies may respond to this Sources Sought Notice via email to: Kealie Chacon kealie.chacon@noaa.gov and Kristen Picariello kristen.picariello@noaa.gov no later than May 14, 2024 at 2:00 pm MT.

mailto:kealie.chacon@noaa.gov mailto:kristen.picariello@noaa.gov

Please provide the following information/documentation:

1. Name of Company, Address and Unique Entity ID

2. Point of Contact and Phone Number

3. Business Size applicable to the NAICS Code:

8(a) Small Business Concern, Hub Zone Small Business Concern, Service-Disabled Veteran Owned Small Business Concern (SDVOSBC) or a Small Business Concern.

4. Statement for Proposal Submission:

• Evidence of experience in work similar in type and scope to include contract numbers, project titles, points of contact and telephone numbers.

• Brief statement on how your company will perform the work.

• A statement indicating if your company is the prime contractor or if you are a subcontractor; what percentage of the requirement does your company plan on subcontracting to another business.

Interested parties: Need to be registered in the System for Award Management (SAM). Failure to submit sufficient detailed information may result in considering a company as not a viable source and may influence competition and set-aside decisions. Regardless of the information obtained from this Sources Sought Notice, the Government reserves the right to consider any arrangement as deemed appropriated for this requirement.

Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. No proprietary, classified, confidential, or sensitive information should be included in your response to this Sources Sought Notice. The Government reserves the right to use any information provided by respondents for any purpose deemed necessary and legally appropriate, including using technical information provided by respondents in any resultant solicitation.

After a review of the responses received from this notice, a pre-solicitation notice and solicitation may be published on the Government wide Point of Entry (GPE). It is the potential quoter’s responsibility to monitor the GPE for release of any future solicitation that may result from this Sources Sought Notice. Responses to this Sources Sought Notice will not be considered adequate responses to any resultant solicitation.