solicitation_final.pdf

Central Valley Passive Integrated Transponder (PIT) Tag Array Feasibility Study

(I) This is a combined synopsis/solicitation for commercial services that is prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented by additional information included in this notice; in accordance with simplified acquisition procedures authorized in FAR Part 13, and the Commercial Item Test Program as authorized by FAR 13.5. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Government intends to award a firm-fixed-price contract based on its selection of the offer that represents the best value to the Government. All responsible sources may submit a quotation which shall be considered by NOAA. The Government intends to select one contractor; however, the Government reserves the right to award no contract at all, depending on the quality of the proposals/quotes and prices submitted and the availability of funds.

The offeror shall submit a proposal for the items referred to in Attachment 1, Statement of Work.

(II) This solicitation AB-133F-15-RP-0114 is issued as a combined synopsis/solicitation, Request for Proposal (RFP). Written proposals for this RFP shall be submitted on a Standard Form (SF) 18.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-82 dated May 7, 2015.

(IV) This procurement is set aside 100% for small businesses. The associated NAICS code is 541620, Environmental Consulting Services. The business size standard is $15.0 million. Offerors are highly encouraged to include this NAICS code in their SAM profile.

(V) This combined solicitation/synopsis is for purchase of the following commercial supplies. A list of contract line item numbers, quantities and units of measure is below.

Contract Line Item No.

Supplies Qty Unit Unit Price Extended Price

0001 PIT Tag Receiver Deployment in accordance with the Statement of Work Section B.1.

Period of Performance: July 15, 2015 through February 28, 2016

1 JB

PIT Tag Receiver Engineering and Deployment in accordance with the Statement of Work Section B.2.

Period of Performance: July 15, 2015 through February 28, 2016

1 JB

0003 Conduct Initial Efficiency Tests and Tag 1 JB and Release Test Fish, in accordance with the Statement of Work Section B.3.

Period of Performance: July 15, 2015 through June 30, 2016

(VI) This solicitation is to procure a Passive Integrated Transponder (PIT) Tag Array Feasibility Study in the Central Valley of California, in accordance with the requirements set forth in the attached Statement of Work.

(VII) Place of performance: California’s Central Valley. The services shall be performed in the Sacramento River, San Joaquin River, and Bay-Delta watersheds, in the following counties: Contra Costa, Merced, Sacramento, San Joaquin, Solano, Stanislaus, Yolo. The periods of performance are listed in Section V, above.

(VIII) FAR 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR

2014), applies to this acquisition. The offeror shall submit a proposal for each line item in Section V, above.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS –

COMMERCIAL ITEMS

Additional Proposal Preparation Instructions:

(a) General Instructions

NOTICE TO OFFERORS: Instructions for submitting offers under this combined synopsis/solicitation must be followed. Failure to provide all information may result in the offer being considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

(1) The offer must be prepared in two parts: A technical proposal and a business/price proposal.

Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to price; however, adequate information must be contained in the technical proposal so that the offeror’s technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear understanding of the requirements.

(2) The technical proposal should be typed, double-spaced, with one inch margins, using Times New Roman size 11-font or equivalent, and printed, unreduced in size, on 8½" by 11" paper.

The technical proposal shall be no more than 25 pages, including all tables and graphics but excluding resumes and past performance references. There is no size limitation for business/price proposals.

(3) The offeror shall submit:

a. Technical Proposal: One (1) copy, electronic preferred.

b. Price Proposal: One (1) copy, electronic preferred. Each part shall be clearly marked by title. There is no page limitation for the price proposal.

(4) The Government will evaluate proposals in accordance with the provisions set forth in this section and with the evaluation criteria in Section IX below.

(5) The Offerors shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the Government’s requirements may indicate an unwillingness or inability to perform the contract, and the proposal may be evaluated as such.

(b) Technical Proposal

Vendors shall submit the following in their technical proposal:

(1) Technical Experience/Expertise: The proposal shall demonstrate the offeror´s organization and plan for successfully executing the Statement of Work. Reference Section IX.A.I below for details regarding how the Government will evaluate this factor. The proposal shall demonstrate experience and expertise in the areas listed in Section IX.A.I below.

(2) Past Performance: The offeror shall provide documented past performance on recent contracts similar in scope, in whole or in part, to the Statement of Work herein. Provided information may address relevant and recent performance for both Government and non-Government contracts, subcontracts, and grants for both the prime contractor and any major subcontractor(s) proposed. Offeror shall provide at least three references of similar projects including company name, point-of-contact, phone number and email address (if available).

Reference Section IX.A.II below for details regarding how the Government will evaluate this factor.

(c) Business/Price Proposal Instructions

Business/Price proposals must adhere to the pricing structure established in Section V above.

The proposal must include a price for all Contract Line Items (CLINS).

Any acceptance period entered on the proposal form by the offeror shall not be less than forty-five days, which shall apply if no other period is offered.

The person signing the offer must have the authority to commit the offeror to all of the provisions of the proposal, fully recognizing that the Government has the right, by terms of the Solicitation, to make an award without discussion if it so elects.

(IX) FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014), applies to this acquisition. Offers will be evaluated based on a trade-off methodology using the factors set forth in paragraph (a), and award will be made to the firm offering the best value to the Government.

A. Evaluation Factors

The following factors will be used to evaluate the technical proposals.

The following factors will be used to evaluate the technical proposals.

The basis for award of a contract as a result of this Request for Proposals will be an integrated assessment by the Government of the results of the evaluation based on the evaluation factors listed below. Technical Experience/Expertise and Past Performance are approximately equal to each other. When combined, Technical Experience/Expertise and Past Performance are significantly more important than price.

I. Technical Approach – Factor 1

The offerors’ proposals shall show the offerors’ organization and plan for successfully executing the Statement of Work. Proposals must address the organization’s approach for each evaluation factor:

a. Demonstrated experience managing PIT tag monitoring projects in the past 5 years, with examples provided of the technologies and performance (array read ranges and detection efficiencies) of systems employed;

b. Qualifications of staff to be working on project;

c. Proven ability to fabricate and/or procure PIT tag detection systems with required and innovative technology in a timely manner meeting the specifications described under the tasks and “additional requirements” section in the SOW, and summarized below:

i. FDX or dual FDX/HDX readers;

ii. High performance, state of the art reader technology with sufficient read range to adequately cover the water column or fish passage zone at each location; as a benchmark example, flat-plane arrays (such as might be used at Grant Line Canal, Task 1) must have a minimum read range of

≥ 20 inches for a 12-mm FDX tag passing horizontally over a 120 ft.

wide antenna array fixed on the stream bed;

iii. Real-time remote connectivity so that reader status and data (diagnostic data and PIT tag detections) can be accessed from NMFS Santa Cruz

Lab;

iv. Array designs suitable to the range of applications listed including small and large diameter pipes, weirs, and large, open channels;

v. Autonomous power supply.

d. Proven ability to PIT tag large numbers (thousands) of juvenile salmonids over a short time period and provide accurate tagging data in an electronic format.

II. Past Performance – Factor 2

The offeror's past performance on recent and 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.

Firms with a history of poor performance will receive a low rating on the "Past Performance" evaluation factor. Firms with a history of average performance will receive an average rating. Firms with a strong history of reliable performance will receive a higher rating. If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

III. Price

B. Evaluation of Price Proposals

(1) The offered prices will be evaluated but not scored. The price evaluation will determine whether the offered prices are complete and reasonable in relation to the solicitation requirements. Offered prices must be entirely compatible with the technical offer.

C. Award Basis

(1) Award will be made to the offeror whose proposal is most advantageous to the

Government, cost and other evaluation factors considered. The Government reserves the right to award a contract on the basis of the initial proposals without any discussions.

Therefore, offerors are urged to submit their best offer with the initial submittal.

(X) The offeror must include a completed copy of the provision at 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (MAR 2015), with its offer.

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at System for Award Management (SAM) at www.sam.gov. If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete only paragraphs (c) through (o) of this provision.

All vendors doing business with the Government are required to be registered with the System for Award Management (SAM), at www.sam.gov, which replaces the CCR and ORCA systems formerly used for this purpose. NO award can be made unless the vendor is registered in SAM.

In order to register in SAM and be eligible to receive an award from this acquisition office, all vendors must first have a Data Universal Numbering System (DUNS) number issued by Dun & Bradstreet, Inc. Vendors may obtain a DUNS number free of charge by visiting http://fedgov.dnb.com/webform or by calling the Dun & Bradstreet Customer Resource Center at (800) 333-0505.

(XI) The clause at FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY 2015), applies to this acquisition.

http://www.sam.gov/ http://fedgov.dnb.com/webform

(XII) The clause at FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2015)

applies to this acquisition as follows:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2015)

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 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 items:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

XX (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

XX (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

XX (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

XX (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items: N/A.

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

(XIII) The following additional contract requirements apply:

FEDERAL ACQUISITION REGULATION CLAUSES:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates on or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/vffara.htm (FAR) http://farsite.hill.af.mil/vfcara.htm (CAR)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2012)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR

2014)

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

FAR 52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

FAR 52.237-1 SITE VISIT (APR 1984)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATIONS (APR 2010)

CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984).

The Government contemplates award of a firm-fixed-price contract for commercial services resulting from this solicitation.

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfcara.htm

CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) Will be designated at time of award via letter. The COR may be changed at any time by the Government without prior notice to the contractor by a contracting officer letter.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

CAR 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist, Ms. Anita Repanich at Anita.B.Repanich@noaa.gov Questions should be received no later than 2:00 PM PDT on July 10, 2015 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)

SITE VISIT

A site visit will take place on July 1, 2015 and is intended to encompass the three proposed medium to large channel locations (grant Line Canal, West Howard Road, and Turner Cut; see attached Statement of Work) for this study (the pipes where salvaged fish are released and the weir with VAKI camera are straightforward installation sites that will not be visited). Representatives will meet at Starbucks, Valley Shopping Center, 569 W Clover Rd, Tracy, CA 95376 at 8:30AM PDT.

Up to two representatives per interested vendor are authorized to attend the site visit. Vendors who wish to attend must send the names of their representative(s) no later than 2:00PM PDT on June 26, 2015 to Anita.B.Repanich@noaa.gov.

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed.

Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NMFS Branch Chief Western Acquisition Division 7600 Sand Point Way NE SOU6 Seattle, WA 98115 Fax: (206)526-6345

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 1401 Constitution Avenue N.W.

Washington, D.C. 20230

FAX: (202) 482-1711

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.270-70 PERIOD OF PERFORMANCE

The period of performance is from July 15, 2015 through December 31, 2016.

(End of clause)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(FEB 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (CLASS DEVIATION) (MARCH 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer -

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

(XIV) The Defense Priorities and Allocations System (DPAS) does not apply.

(XV) Offerors are responsible for submitting their proposals, and any revisions, so as to reach the office identified below no later than 2:00 p.m. Pacific Daylight Time on July 20, 2015. Email submissions are encouraged and may be sent to Anita.B.Repanich@noaa.gov. Otherwise, offers may be mailed to Ms. Repanich’s attention at the address below:

Western Acquisition Division Contracts Branch 7600 Sand Point Way NE, SOU6 Seattle, WA 98115-6349

Any package not marked or incorrectly marked for identification as a proposal and is subsequently delivered late will not be considered for award.

Regardless of the delivery method used, it is up to the vendor to ensure proposals are received in the contracting office by the specified due date.

(XVI) For more information regarding this solicitation, please contact Ms. Anita.B.Repanich, Contract Specialist, at Anita.B.Repanich@noaa.gov.

ATTACHMENT 1: STATEMENT OF WORK

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the following Statement of Work.

Central Valley Passive Integrated Transponder (PIT) Tag Array Feasibility Study.

A. BACKGROUND AND OBJECTIVES

California Central Valley Winter-run chinook (endangered), Spring-run chinook (threatened), Steelhead (threatened), Green sturgeon (threatened), Longfin smelt (threatened) and Delta smelt (endangered) are many of the sensitive species affected by the compounding factors of the drought such as reduced water flows, sub optimal water quality, high temperatures and loss to unscreened water diversions. The ability to monitor the movements and behaviors of these fish species is critical to understanding impacts related to extreme climate conditions and water operations and developing management strategies to minimize threats. The use of a monitoring technology that is applicable to a variety of fish species is the ideal system if it can be appropriately adapted to the environmental topography.

Passive integrated transponder (PIT) tag technology was developed by the National Marine Fisheries Service during the 1980s (Prentice et al. 1990). The technology was quickly incorporated into programs to monitor juvenile salmon and steelhead behavior and survival through hydropower dams on the Columbia River. PIT tags have become the primary method used to assess survival across various river reaches and inter-annual variability in survival associated with environmental conditions and system operations (e.g., Smith et al. 2002). This is due to the precision associated with the technology and survival estimates based on the technology. Throughout the western United States, more than 35 million individual fish have been implanted with PIT tags to date. The data collected are used to inform a multitude of management decisions requiring information ranging from estimates of reach- and life stage-specific survival to egg-to-spawner survival. The data collected also support development of life cycle models that are used to identify scientific uncertainty, evaluate the effects of environmental conditions and anthropogenic actions on specific life stages, adjust stock management actions, and prioritize species recovery efforts.

The small tag size, indefinite tag life, and low cost of PIT tags allows a variety of performance metrics across the entire life cycle of salmon to be obtained in a cost-effective manner and over a broad range of environmental covariates. These metrics include survival, travel time, route selection, residualism, and loss to predation for juveniles. For adults, the tag technology provides information on smolt-to-adult return rates, age at maturity, stray rates, run timing, and conversion rates between in-stream locations. The covariates include, for example, river flow (Stevens and Miller 1983; Connor et al. 2003), combined exports (Newman and Brandes 2010), flow diversion (Perry et al. 2010), temperature (Baker et al. 1995; Lawson et al. 2004), route selection (Perry et al. 2010), fish size (Ward and Slaney 1988; Holtby et al. 1990), release date (Bilton et al. 1982; Achord et al. 2007; Scheuerell et al. 2009), hatchery rearing (Soderberg and Meade 1987; Berejikian et al. 1999, 2000), and losses to predation (Collis et al. 2002; Lindley and Mohr 2003; Marine and Cech 2004; Feyrer et al. 2007).

There is a need for additional and more precise information to improve the long-term operations of water management in California’s Central Valley, including a need for greater resolution on fish movement upstream of and through the Sacramento-San Joaquin Delta (Delta). Gathering this information will require expanding the use of existing active (acoustic) and passive (PIT) fish tagging and tracking technologies within specific reaches of the Delta and at key locations. The information can be incorporated into ongoing and future analysis of the effects of water management actions, drought conditions, and recovery actions on salmon, steelhead, sturgeon, smelt and other species.

The technology to detect PIT tags and tagged fish has advanced considerably in recent years.

Traditional installations were initially deployed at concrete structures in a confined passage route, such as pipes, flumes, and weirs location in fish ladders or juvenile bypass systems at hydroelectric projects. However, continued innovation in receiver design and applications has resulted in increased flexibility for installations at fish release and interrogation sites. This has resulted in multiple applications being developed to meet specific management needs in streams, rivers, and estuaries, and at hatcheries and traps.

The goal of this study is to determine the feasibility of PIT-tag detection systems at key locations in the Sacramento River, San Joaquin River and Bay-Delta watersheds for proof-of-concept testing and estimate detection probabilities of the systems, and then use the systems to monitor fish behavior and help inform specific water and fishery management needs.

The Contractor shall participate along with NMFS to adapt these different technologies to Delta applications to test the feasibility of deploying PIT-tag detection systems at a variety of selected locations and to estimate detection efficiencies. Based on the types of detection receivers and receiver arrays developed elsewhere, and given the unique challenges of a complex system such as the Delta, the study approach incorporates three components of implementation: 1) application; 2) engineering; and 3) preliminary concepts.

This PIT tag feasibility study was designed as an initial effort that can be expanded upon within and outside of the Delta in the future should the concepts prove feasible. The expanded system could include detection sites and fish releases in the upper Sacramento and San Joaquin river basins and key tributaries, and would be used to answer additional and more complex water and fish resource management questions.

The ultimate purpose of a broader PIT-tag detection system for the Central Valley is to support State and Federal fisheries management decisions related to water resources and hydropower operations, aquatic resource habitat, hatchery operations, harvest management, and the recovery of species identified as needing protection under state and federal laws.

B. WORK TO BE PERFORMED

There are three components of implementation: (1) application (2) engineering, and (3) preliminary concepts. Together, the three components of the study are designed to specifically

(1) install and test systems at feasible locations to monitor fish behavior within the Delta and adult return rates to tributaries, (2) design and test systems in more challenging open channel sites above and within the Delta to learn how to monitor the entire Delta in the future, and (3) explore the feasibility of detecting fish entering the Delta from the Sacramento River and leaving the Delta and entering the estuary.

The scope of this contract covers just the first two components which shall be undertaken by the Contractor working with NMFS SWFSC; the third component will be conducted by the NMFS NWFSC. NMFS and the Contractor shall recommend specific locations for testing/analysis which shall be approved with the CDFW (California Department of Fish and Wildlife) Contract Manager (CM) prior to the commencement of work. NMFS and the Contractor shall implement the components of PIT-tag system development for the Delta through the following three tasks.

1. Task 1 – PIT Tag Receiver Deployment

July 2015 – February 2016

The Contractor shall apply existing technologies to sites that have a high probability of success and will require minimal engineering. High probability sites are defined as sites that have high confidence in success and use well-proven applications that are straightforward (e.g., a weir in an adult ladder and outfall pipes) Task 1 shall be conducted by the contractor under the direction of the SWFSC. The Contractor shall identify and propose feasible array design(s) for each site and consult with NMFS about final design selection.

The Contractor shall provide and install PIT tag receiver arrays based on existing technology and common applications at the three locations identified in items (a) through (c) below:

(a) Receiver 1 Array shall be installed on Grant Line Canal (GLC) at a suitable location. One potential location was identified during the 2013 site visit where CA Dept. of Water Resources (DWR) installs a seasonal barrier immediately east of the Tracy Blvd bridge (Figure 1) as part of their Temporary Barriers Project (http://baydeltaoffice.water.ca.gov/sdb/tbp/index_tbp.cfm#Background). The barrier is typically installed April through November and involves a rip-rap structure across the channel and concrete boat ramp on the north bank for boat portage. The barrier has a 125 foot wide by 3 foot deep notched section in the center that is overtopped during tidal fluctuations in water level; tidal fluctuations are 3-4 ft., so the array will need to have sufficient transmission power and read range to cover a substantial portion of the water column. The structure also has six submerged metal culverts (48 inch diameter) embedded in the structure below the notch to allow fish passage, so the array design will need to address both of these passage routes. Installation timing will be dictated by the seasonal construction and operation schedule each year. The Contractor, with assistance from NMFS, shall secure necessary permissions and permits to install an array at this site. The site will allow a small-scale site in the Delta to be tested where infrastructure is in place to support a detector. Similar temporary barriers are operated on Middle River (140 ft. wide) and Old River at Tracy (75 ft. wide) and could be considered for alternative locations to test this type of array (see attached document for plans of each barrier site).

http://baydeltaoffice.water.ca.gov/sdb/tbp/index_tbp.cfm#Background

(b) Receiver 2 Array shall be installed at the Caswell Weir on the Stanislaus River located at approximately river mile 8. Currently a VAKI video system has been installed in the weir and it is anticipated that installing a PIT-tag receiver in the weir slot will be straightforward. The weir and VAKI system are operated by a private consulting firm, FISHBIO, and installation of the array will require permission and coordination with that firm. The site will allow steelhead tagged as part of the second year (2016) of study to be detected at the weir to evaluate upstream movement, residualism, and adult returns of test fish to the Stanislaus River weir to be quantified.

(c) Receiver 3 Array shall be installed at one or more sites where fish salvaged from Harvey

Banks (HRO) and Tracy pumping facilities (TRP) are released (Figure 1). These release locations are small pipes (12 inch diameter) that will have straight forward installation of PIT Tag receivers; however, the sites are remote and power sources and security issues will have to be addressed. In addition, the potential for tag collisions associated with large numbers of fish being released in a short timeframe will need to be assessed and addressed. California Dept. of Water Resources (DWR) conducts salvage and release operations from Harvey Banks and has two release pipes on Sherman Island, one on the Sacramento River side of the island and one on the San Joaquin side; DWR has been operating antennas on these pipes since 2007. US Bureau of Reclamation conducts salvage and release operations from the Tracy facility and has separate release pipes, one on Sherman Island on the Sacramento River side and one near Antioch. Arrays shall be installed on at least one release pipe and preferably multiple pipes if cost permits. The Contractor, with assistance from NMFS, shall coordinate with DWR and USBR to determine the most effective way to apply state-of-the-art systems among the available release pipes and to obtain necessary permission to install arrays. Installation of sites shall not commence until all issues have been addressed by the contractor and approved in conjunction with the NMFS and CDFW CM.

Task 1 Deliverables:

1. Completion of site investigations and identification and obtainment (with assistance by

NMFS) of property permissions and permits necessary to select final array sites at above locations.

2. Design and installation of PIT tag antenna arrays at the above locations during July through February 2016. Timing of installation of the Grant Line Canal array for operation in 2016 will occur as soon as possible after seasonal construction of the barrier that year.

3. Brief report summarizing and documenting all pertinent measurements and information about preliminary and final installation sites and arrays.

4. Necessary documents, manuals, or instructions to operate and maintain arrays.

2. Task 2 – PIT Tag Receiver Engineering and Deployment

July 2015 to February 2016

The Contractor shall conduct additional engineering studies and combine the results with existing technologies (as described in Task 1) to develop and install prototype applications that are appropriate for the various channel types in the Delta. This portion of the study addresses the feasibility of developing PIT-tag detection arrays for the interior Delta channels as these sites are larger and characterized by open channel flow. Task 2 shall be conducted by the contractor under the direction of the SWFSC.

The Engineering studies shall be conducted at two moderate confidence (identified during the 2013 site visit) locations to evaluate the feasibility of monitoring a large channel to detect tagged fish prior to their entering the Delta. The moderate confidence site locations represent sites and conditions more challenging that those addressed under Task 1, and as such there is a lower level of confidence of success with these larger sites. It is envisioned that the prototype arrays may only provide partial coverage of each location. However, the information gained will be used in future array design and installations at these locations to provide a greater level of coverage and higher probability of tag detection for the many passage routes available to fish when transiting the Delta. The Contractor shall conduct engineering and feasibility studies at the two sites and summarize findings and recommendations in brief reports and consult with NMFS about final site selection and design.

Based upon the engineering studies the contractor shall, if both locations prove feasible, develop and install prototype receiver arrays based on existing PIT tag receiver systems and applications.

Site installation shall not commence until approved by NMFS and CDFW CM. The two sites identified for feasibility studies are identified in (a) and (b) below:

(a) The mainstem San Joaquin River at a site near West Howard Road (WHR) (Figure 1) is targeted for the large channel test site. The exact location shall be determined based on engineering studies of ambient noise, available power sources, flow velocity, and channel structure, as well as property ownership, permitting, and boat navigation considerations. This site was chosen to research the feasibility of detecting PIT-tagged fish in open channel flow in a large-sized channel prior to their entry into the Delta.

(b) The Turner Cut (TC) area (Figure 1), just downstream of Acker Island is a target site, but the exact location shall be determined based on engineering studies (e.g., noise, available power, boat traffic, and channel structure). This site was chosen to research the feasibility of detecting PIT-tagged fish in open channel flow in mid-sized channels that populate the interior Delta.

Task 2 Deliverables:

1. Brief report summarizing engineering and feasibility findings and recommendations, including both technological/engineering aspects as well as logistical aspects related to property access and permits.

2. Design and installation of prototype arrays at the above sites, if sites prove feasible, no later than February 2016.

3. Necessary documents, manuals, or instructions to operate and maintain arrays.

3. Task 3 – Conduct Initial Efficiency Tests and Tag and Release Test Fish

July 2015 to June 2016

After installation for each PIT tag receiver array location identified under Task 1 and Task 2, efficiency tests shall be conducted by the Contractor to evaluate system performance, noise interference issues, and detection rate. Efficiency tests shall be adequate to allow statistical analysis to determine confidence intervals for detection efficiency at each system. If initial detection efficiency is poor, Contractor shall adjust or modify sites and retest arrays, or shall identify and install arrays at alternative locations after consultation with NMFS and CDFW.

Efficiency testing will include two components:

a) Testing using dummy PIT-tagged fish/lures, marker tags, or similar means shall be used to determine initial performance when arrays are installed and to monitor performance throughout the study period ending in December 2016. The Contractor shall provide summaries of initial detection efficiency and performance of each array.

b) During February to June 2016, the Contractor shall, with assistance from CDFW and

NMFS, PIT tag and release 20,000 juvenile salmonids supplied by…