AB133F12RP0061 Solicitation Document.pdf

SOLICITATION, OFFER AND AWARD

1. This Contract is a Rated Order Under

DPAS (15 CFR 700)

Rating Page of pages

1 53

2. Contract No. 3. Solicitation No. 4. Solicitation Type 5. Date Issued 6. Requisition/Purchase No.

AB133F-12-RP-0061

Sealed Bid (IFB) 06/21/2012 NFFS7400-12-01712 X Negotiated (RFP)

7. Issued By Code AJ630031 8. Address Offer To (If other than item 7) Code

WESTERN REGIONAL ACQUISITION DIVISION

7600 SAND POINT WAY NE/WC3

SEATTLE, WA 98115-6349

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 7600 SAND POINT WAY NE SEATTLE, WA until 02:00 PM (hour) local time July 23, 2012 (date).

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information Call:

A. Name B. Telephone No. (NO COLLECT CALLS) C. E-Mail Address

CRYSTINA R. ELKINS 206-526-6036 CRYSTINA.R.ELKINS@NOAA.GOV

11. TABLE OF CONTENTS

(x) Sec Description Page(s) (x) Sec Description Page(s)

Part I – The Schedule Part II – Contract Clauses

X A Solicitation/Contract Form 1-1 X I Contract Clauses 17-20 X B Supplies or Services and Prices/Costs 2-3 Part III – List of Documents, Exhibits and Other Attachments

X C Description/Specs./Work Statement 4-6 X J List of Attachments 21-21 X D Packaging and Marking 7-7 Part IV – Representations and Instructions

X E Inspection and Acceptance 8-8 X K

Representations, Certifications and Other Statements of Offerors 22-26

X F Deliveries or Performance 9-9 X G Contract Administration Data 10-12 X L Instr., Conds., and Notices to Offerors 27-36 X H Special Contract Requirements 13-16 X M Evaluation Factors for Award 37-39

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _______________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the data for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount for Prompt Payment (See Section I, Clause No. 52.232-8)

10 Calendar Days 20 Calendar Days 30 Calendar Days _____ Calendar Days

14. Acknowledgment of Amendments The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

Amendment No. Date Amendment No. Date

15A. Name Code Facility 16. Name and Title of Person Authorized to Sign Offer (Type or print) and

Address of

Offeror

15B. Telephone No. (Include area code) 15C. Check if Remittance Address is different from above. Enter such address in Schedule.

17. Signature 18. Offer Date

AWARD (To be completed by Government)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Authority for Using Other Than Full and Open Competition: 23. Submit Invoices to Address Shown in Item

10 U.S.C. 2304 (c)( ) 41 U.S.C. 253 (c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code Payment Will be Made By Code

26. Name of Contracting Officer (Type or print) 27. United States of America (Signature of Contracting Officer) 28. Award Date

IMPORTANT – Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA – FAR (48 CFR) 52.214 (c)

Supplies or Services and Prices/Costs

Item No. Supplies/Services Quantity Unit Unit Price Amount

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SABLEFISH FISHERY LOGBOOK

PROGRAM

BASE PERIOD – September 1, 2012 – August

31, 2013

0001 Collect fishery logbook data from sablefish vessel captains in Alaska Ports, provide required edits, expand collected data fields in database, enter confidential data into a separate database and provide this data to Auke Bay Laboratory (ABL) assessment staff in accordance with the Statement of Work/Specificaitons in Section C.1.

12 MO ______________ ______________

OPTION PERIOD I – September 1, 2013 – August 31, 2014

0002 Collect fishery logbook data from sablefish vessel expand collected data fields in database, enter confidential data into a separate database and provide this data to Auke Bay Laboratory (ABL)

OPTION PERIOD II – September 1, 2014 – August 31, 2015

0003 Collect fishery logbook data from sablefish vessel expand collected data fields in database, enter confidential data into a separate database and provide this data to Auke Bay Laboratory (ABL)

OPTION PERIOD III – September 1, 2015 – August 31, 2016

0004 Collect fishery logbook data from sablefish vessel expand collected data fields in database, enter confidential data into a separate database and provide this data to Auke Bay Laboratory (ABL)

TOTAL BASE + ALL OPTION PERIODS

(CLINS 0001 0004)

PLEASE NOTE: Offeror(s) MUST submit pricing for each blank line item in the above schedule. Failure to offer in this manner may result in the proposal rejection.

SECTION B

AB133F-12-RP-0061

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B.1 CONTRACT TYPE

This is a firm-fixed price type contract for services. It consists of a base period from September 1, 2012 – August 31, 2013 and three (3) one-year option periods.

(End of clause)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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C.1 STATEMENT OF WORK/SPECIFICATIONS

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

SABLEFISH LOGBOOK PROGRAM

STATEMENT OF WORK

OBJECTIVE

The objective of the Sablefish Logbook Program is to collect catch and effort information from sablefish longline fishery vessels. The services required under this procurement include assisting the Auke Bay Laboratory (ABL) with dockside logbook collection, data entry and verification, and submitted reports in accordance with the Statement of Work contained herein.

CONTRACTOR PERFORMANCE REQUIREMENTS

Background The stock assessment of Alaska sablefish is closely scrutinized because of the high value of the fishery (ex-vessel value over $100 million). Fishery data, along with survey data, is used to manage this fishery. Sablefish fishery data is obtained from these sources:

fishery data collected by observers since 1990 voluntary logbooks since 1997 required logbooks since 1999

Sablefish logbook fishery data is important for management and assessment of sablefish in Alaska because:

1. The Sablefish Logbook Program was initiated by sablefish fishermen’s desire for NMFS to consider more fishery-based information in the sablefish stock assessment. The sablefish stock assessment will be more credible if these data are collected and analyzed by National Marine Fisheries Service (NMFS) in assessing sablefish abundance. If these data are not collected and analyzed, there will likely be increased scrutiny of sablefish management by the fishing industry.

2. Incorporation of more fishery data into the sablefish assessment has been promoted by the Scientific and Statistical Committee of the North Pacific Fishery Management Council.

3. In 2000, the North Pacific Fishery Management Council endorsed the use of fishery data in the apportionment of the allowable catch to the management areas.

4. Fishery data is used as an index of abundance in the sablefish model that estimates population size.

5. The observer data collected covers about 25% of the catch by weight. The logbook program broadens coverage to about 50% of the catch.

6. Logbooks from vessels <60ft in length that are voluntarily turned in to port samplers are the only source of data from vessels of this size. Much of the sablefish fleet is comprised of these vessels.

The preferred method for collecting logbook data is to interactively interview fishing vessel captains during fish deliveries to ensure reliability of data.

This requires a port sampling program in addition to a data entry and data verification system. This contract will provide a service to collect, enter, and verify fishery logbook data and provide summarized data to ABL for use in the sablefish stock assessment.

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Specific Tasks:

The contractor shall be required to provide the following specific services:

1. a. Logbook Collection The contractor shall collect detailed fishery information throughout the Individual Fishing Quota (IFQ) fishing season on sablefish catch and fishing effort from NMFS logbooks, which are required by IFQ share vessels over 60 ft.

Captains have the right to turn logbooks in to NMFS enforcement and opt out of turning their fishery data over to the Contractor, even if the Contractor can offer confidentiality. However, because the data turned into NMFS enforcement is not edited during interviews by the Contractor port samplers, data turned into NMFS enforcement is not adequate for analyses for the sablefish stock assessment. These logbooks will be collected by Contractor port samplers in the ports listed below. Additionally, the contractor will collect sablefish fishery information from vessels under 60 feet, which are not required to turn in data but do so voluntarily. Historically, logbooks turned in voluntarily from vessels less than 60 ft have comprised approximately 2/3 of the logbook fishery data each year. These voluntary logbooks are an integral part of the fishery data used in the sablefish stock assessment. Both types of logbooks will be collected by contractor port samplers at the landing location.

The following ports are the preferred locations to have samplers present:

Bellingham, Washington; Petersburg, Alaska; St. Paul, Alaska; Sitka, Alaska;

Seward, Alaska; Homer, Alaska; Kodiak, Alaska; Dutch Harbor, Alaska; Juneau, Alaska; and Sand Point, Alaska. Samplers will be expected to sample on average 40 hours a week, six days a week. The Contractor shall demonstrate that they will be notified of scheduled landings that occur between 6am and 6pm in these ports to ensure the majority of landings are captured and can be accommodated in a port sampler's schedule. The Contractor shall ensure their port samplers are allowed to work at the processing plants and conduct interviews dockside during deliveries. Good communications between the Contractor employees, specifically the port samplers and the processors, is essential.

1. b. Data Editing When port samplers collect data they will interview skippers to complete any missing information and edit the logbooks to ensure data is accurate.

1. c. Data Entry and Verification Log sheets collected by the port samplers shall be entered and verified each year by the contractor. An estimated 4,600 sets from 1,200 trips are collected each year. Approximately 300 trips are from required logbooks and 900 from voluntary vessels (<60 ft).

All information in the logbooks necessary to determine catch per unit effort (CPUE) by set shall be keyed and verified. Data will be entered by set.

Entered data will include: gear specifications (hook spacing, total hooks per set, hooks per skate if available, skates set, skates lost, skate length, gear type, hook type, hook size), vessel identification, year, fishing date, set identification, trip identification, processing cut (e.g., western cut), captain's estimate of the set weight (and numbers if available), fishing location, fishing depth, whether a vessel was voluntary (under 60 ft) or required, target species as noted on log, and the IFQ reported landing weight.

The Contractor shall use internal verification procedures to ensure an accurate electronic record of the logbook data. The logbook data shall be double-keyed, to ensure accuracy and accounting for any differences. The standard is 100% match between the paper logbook record and the electronic database.

The contractor shall have the ability to obtain and match IFQ trip landing weights recorded in IFQ landing reports to the trips recorded in each logbook.

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1. d. Database Confidentiality

The contractor shall have the ability to maintain confidentiality of IFQ landing report and logbook fishery data. The Contractor must also demonstrate that the fishermen volunteering their data are aware that this data will be treated confidentially and that only the Contractor and ABL scientists will have access to it.

1. e. Data Structure Data submitted to the Contracting Officer's Representative (COR) shall be in a digital format (Excel, Access, or text file). Contents of the data shall include information found in the logbook and the corresponding data from the IFQ landing report. The only alterations of the data contained in the database will be to protect the confidentiality of the data stated in Section 1.d. above.

1. e. Data Reporting The data shall be stored electronically and delivered using Compact Disk (CD), ftp site, or submitted in an encrypted e-mailed to the COR (or COR’s designee).

The data shall be delivered to the COR by October 1 following the previous fishing year. The Contractor shall meet annually in person or by phone with the COR by March 15 following the previous fishing year to review progress.

SECTION D

PACKAGING AND MARKING

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THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

SECTION E

INSPECTION AND ACCEPTANCE

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E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one 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/these address(es):

http://www.acquisition.gov/far/ (End of Clause)

E.2 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 46.304)

E.3 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

Auke Bay Laboratories Ted Stevens Marine Research Institute 17109 Pt. Lena Loop Road Juneau, AK 99801-8344

SECTION F

DELIVERIES OR PERFORMANCE

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F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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/these address(es):

http://www.acquisition.gov/far/ (End of Clause)

F.2 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 42.1305)

F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(Reference 42.1305)

F.4 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from September 1, 2012

– August 31, 2013. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date Option I 09/01/2013 08/31/2014 Option II 09/01/2014 08/31/2015 Option III 09/01/2015 08/31/2016

(c)The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

(End of clause)

F.5 SCHEDULE OF ADMINISTRATIVE DELIVERABLES

Following is a schedule of administrative deliverables required during the period of performance of the contract:

Description Qty Due Date Deliver To Reference

Anti-Kickback Procedures 1 Prompt reporting CO 52.203-7 of violations

Audit and Records-Negotiation 1 per Clause CO 52.215-2

Employment Reports on Special 1 per Clause CO 52.222-37 Disabled Veterans, Veterans of The Vietnam Era, and Other Eligible Veterans

Insurance Coverage 1 5 days after CO H.5 Award

Key Personnel Substitutions 1 15 days prior to CO H.6 Substitution

ORCA Annual Updates 1 Annually Online K.1

SECTION G

CONTRACT ADMINISTRATION DATA

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G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

G.2 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

(a) (TO BE ASSIGNED AT CONTRACT AWARD BY SEPARATE LETTER) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by letter to the contractor. The COR is located at:

Phone Number: __________ Email: __________

(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)

G.3 CONTRACT ADMINISTRATOR

Crystina Elkins is hereby designated as the Contract Administrator under the contract. All correspondence and inquiries concerning administration of this contract should be addressed to the Contract Administrator at the address in Block 7 (page 1) of this document.

G.4 INVOICING INSTRUCTIONS

A. In accordance with Clause FAR 52.232-25, Prompt Payment and 52.232-32, Performance-Based Payments, the following information shall be included on all invoices submitted for payment under this contract:

1. Name and address of the Contractor;

2. Invoice date and number;

3. Contract number;

4. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

5. Where applicable, shipping and payment terms;

6. Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice;

7. Performance period; and

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8. Any other information or documentation required by other requirements of the contract.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph entitled “Contractor’s Invoice” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25 Prompt Payment, FAR 52.232-26 Prompt Payment for Fixed-Price Architect Engineer Contracts, or FAR 52.232-27 Prompt Payment for Construction Contracts).

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven

(7) days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

B. Invoices shall be submitted with an original signature to the Contracting Officer’s Representative (COR) for approval, i.e., a certification by a Contractor official authorized to bind the Contractor. Contracting Officer's Representative (COR) mailing address will be provided at award.

1) Invoice shall also be emailed directly to the Contract Administrator (Ref Section G.3).

2) The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the Contracting Officer for information].

All payments shall be submitted by the 10th day of the subsequent month.

C. Invoices shall be submitted no more than once a month. Payments shall be based upon measurable or quantifiable performance or accomplishment of the defined elements.

D. The Contractor shall not be entitled to payment of a request prior to verification by the COR of successful accomplishment of the performance criterion applicable to the requested items.

E. In accordance with paragraph (l)(5) and (m) of FAR 52.232-32, Performance- Based Payments, the Contractor shall make the following certification in each request for performance-based payment:

“I certify to the best of my knowledge and belief that--

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on _________________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _________________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

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F. Payment addresses must reflect the mailing/billing information registered in the Central Contractor Registration (CCR) database to avoid processing delays.

G. If the contractor is a small business concern, the invoice shall be annotated with an "SB" in the upper right hand of the invoice document.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages. Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.

(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).

(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (a) of this clause are unallowable without prior written approval of the Contracting Officer. If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802.

(d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (a) of this clause, a provision substantially the same as this clause, including this paragraph (d).

(End of clause)

H.2 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of clause)

H.3 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

(End of clause)

H.4 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

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(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors.

The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

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H.5 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer’s Liability. The contractor is required to comply with applicable federal and state workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $-0-.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

(End of clause) (End of clause)

H.6 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE

(APR 2010)

When the Government is injured, wholly or partially as a result of the contractor’s actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

H.7 1352.231-71 DUPLICATION OF EFFORT (APR 2010)

The contractor hereby certifies that costs for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, and not incidental to any other work, pursuit, research, or purpose of the contractor, whose responsibility it will be to account for it accordingly.

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H.8 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

Project Manager Data Entry/Programming (data compilation) Dockside Sampler(s)

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

(End of clause)

H.9 GOVERNMENT-CONTRACTOR RELATIONSHIP

The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the contract employees assigned as key personnel under this contract.

H.10 LIAISON AND COORDINATION

The Contractor shall coordinate efforts with the Contracting Officer or a designated representative. Any request or recommendation for a change shall be made in writing to the Contracting Officer for necessary implementation, if applicable.

H.11 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

In accordance with FAR 15.204-1(b), the completed and submitted “Representations, Certifications, and Other Statements of Offeror”, including those posted on the Government’s On-line Representations and Certifications Application (ORCA) website, are hereby incorporated by reference upon award of a contract and are required to be updated annually.

H.12 EMPLOYMENT ELIGIBILITY VERIFICATION

The provisions of the Employment Eligibility Verification clause as prescribed by FAR 52.222-54 are supplemented as follows:

As the Federal Government supports a legal workforce, contractors are required to enroll as a Federal Contractor in the E-Verify database system. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site:

http://www.dhs.gov/E-Verify

SECTION I

CONTRACT CLAUSES

Page - 17

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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/these address(es):

http://www.acquisition.gov/far/ (End of Clause)

I.2 52.202-1 DEFINITIONS (JAN 2012)

(Reference 2.201)

I.3 52.203-3 GRATUITIES (APR 1984)

(Reference 3.202)

I.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(Reference 3.404)

I.5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(Reference 3.503-2)

I.6 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

(Reference 3.502-3)

I.7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (JAN 1997)

(Reference 3.104-9)

I.8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN

1997) (Reference 3.104-9)

I.9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

(Reference 3.808)

I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

(Reference 4.303)

I.11 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

(Reference 4.1105)

I.12 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (FEB 2012)

(Reference 4.1403)

I.13 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

(Reference 9.409)

I.14 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

(Reference 9.104-7)

I.15 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

(Reference 15.209)

I.16 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(Reference 15.209)

Page - 18

I.17 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 22.202)

I.18 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(Reference 22.810)

I.19 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(Reference 22.810)

I.20 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

(Reference 22.1310)

I.21 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

(Reference 22.1408)

I.22 52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

(Reference 22.1310)

I.23 52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS (SEP

2010) (Reference 23.1310)

I.24 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

(Reference 22.1605)

I.25 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

(Reference 22.1006)

I.26 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT - - PRICE

ADJUSTMENT (MULITPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

(Reference 22.1006)

I.27 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(Reference 22.1705)

I.28 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(Reference 22.1803)

I.29 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DIRVING (AUG 2011)

(Reference 23.1105)

I.30 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(Reference 27.201-2)

I.31 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

(Reference 29.401-3)

I.32 52.232-1 PAYMENTS (APR 1984)

(Reference 32.111)

I.33 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 32.111)

I.34 52.232-11 EXTRAS (APR 1984)

(Reference 32.111)

I.35 52.232-17 INTEREST (OCT 2010)

(Reference 32.611)

Page - 19

I.36 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(Reference 32.806)

I.37 52.232-25 PROMPT PAYMENT (OCT 2008)

(Reference 32.908)

I.38 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

(Reference 32.1110)

I.39 52.233-1 DISPUTES (JUL 2002)

(Reference 33.215)

I.40 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(Reference 33.106)

I.41 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 33.215)

I.42 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 42.903)

I.43 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)

(Reference 43.205)

I.44 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

(Reference 44.403)

I.45 52.248-1 VALUE ENGINEERING (OCT 2010)

(Reference 48.201)

I.46 52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT

FORM) (APR 1984)

(Reference 49.502)

I.47 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

(Reference 49.504)

I.48 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 53.111)

I.49 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty (30) days of expiration of current performance period.

(End of Clause)

I.50 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days of the current contract period’s expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

Page - 20

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years.

(End of Clause)

I.51 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Research Fish Biologist (ZP2) $34,361/year

Research Fish Biologist (ZP3) $43,482/year

Administrative Support Assistant

(ZS2)

$26,294/year

IT Management Specialist (ZT3) $35,843/year

(End of Clause)

SECTION J

LIST OF ATTACHMENTS

Page - 21

1) Attachment #1 – Past Performance Survey

2) DOL WAGE DETERMINATION 2005-2017, REV. 16 DATED 06/13/2012

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

AB133F-10-RP-0113

Page - 22

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 541990.

(2) The small business size standard is $14M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).

This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010,or 2012.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

Page - 23

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price

Page - 24

Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] ___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to…