Attachment 1 - Performance Work Statement.docx

PERFORMANCE WORK STATEMENT (PWS)

CARIBBEAN VESSEL, DIVE, AND SCIENTIFIC SUPPORT SERVICES

1.0 INTRODUCTION

The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Office of Habitat Conservation (OHC) interacts with NOAA/NMFS regional offices to manage, conserve and enhance habitats for fishery resources, protected species and other living marine resources, and is the focal point for marine and estuarine habitat restoration within NOAA. The Restoration Center (RC), a division of OHC, performs coastal habitat restoration pursuant to federal legislation and improves the state of restoration ecology and habitat management, and is responsible for restoring degraded habitats, advancing the science of coastal habitat restoration, transferring restoration technologies to other agencies and practitioners, and fostering habitat stewardship and a conservation ethic. In support of these responsibilities, OHC ensures that NOAA’s resources are protected and restored in accordance with appropriate Acts and mandates.

In the Southeast United States (US) and US Caribbean, the NOAA RC actively addresses resource management and conservation issues including response and restoration in the aftermath of physical impact events (e.g. ship groundings, hurricanes, etc.), active population enhancement of threatened and endangered coral species, reduction of and mitigation for land-based sources of pollution, and the implementation of coastal habitat restoration projects. In addition to these activities, NOAA encounters logistical limitations when responding to other hazard events and/or when conducting general coral reef management and research activities. In particular, NOAA often has requirements in the region to map, monitor and assess the benthic habitats, flora, and fauna; characterize oceanographic conditions; and evaluate impacts associated with land-based sources of pollution.

While NOAA and local jurisdictions have some limited personnel and desire to conduct these activities, there are limitations in the ability to secure the necessary logistical and scientific support to implement these activities in a timely manner.

1.1 PROJECT LOCATION

The preponderance of work under this contract will be conducted in Puerto Rico (PR) and the US Virgin Islands (USVI); however, NOAA reserves the right to issue work assigned to the agency in other areas such as, but not limited to, South Florida and the Florida Keys.

2.0 OBJECTIVES

NOAA requires a Contractor to support restoration work focused largely, but not limited to PR and the USVI. Operations will take place in a wide variety of land and water environments each having individual requirements that necessitate a different mix of vessels, support personnel, equipment and materials. The Contractor shall conduct support services under: (1) mixed operations involving Contractor, local, and NOAA personnel working from the Contractor’s vessel; (2) NOAA operations in which all personnel and equipment, with the exception of the vessel captain, shall be provided by NOAA and/or local partners operating from the Contractor’s vessel; and (3) Contractor operations in which the Contractor provides personnel and/or equipment for operations from a government-owned or third party vessel.

All work shall be in accordance with this Performance Work Statement (PWS), the listed regulations, Executive Orders (EO) and the most current NOAA Administrative Orders (NAO, especially NAO 216-6) and NMFS Policy Directives. The Contractor shall perform services as described in this PWS and shall receive direction pertaining to contract matters and changes in the PWS only from the Contracting Officer (CO). Technical guidance will be issued from the designated NOAA Task Lead and/or Contracting Officer’s Representative (COR).

3.0 PURCHASE ORDER STRUCTURE AND TECHNICAL DIRECTION

Due to the unknown nature and timing of work involved, NOAA anticipates issuing a PO that will have project-specific time and materials (T&M) tasks. NOAA will provide the Contractor with project specific requirements, “Tasks,” and the Contractor shall provide an operational plan and cost estimate to the COR/CO. Prior to initiation of actions, the Contractor shall obtain concurrence through a Technical Direction Letter (TDL) issued by the COR. The Contractor shall not exceed the task-specific ceiling established in the TDL without prior authorization of the COR.

Where possible, the Contractor shall use a pre-established firm-fixed-unit-price schedule of pricing to execute individual tasks as they arise. Incidental costs and/or Other Direct Costs (ODCs) in support of Task Requirements must be authorized in the TDL or other written authorization from the COR.

The Government anticipates that the ceiling price of the PO will not exceed $6,500,000.00. The Contractor is not authorized to exceed the ceiling price nor the current obligated capacity of the PO.

4.0 PERIOD OF PERFORMANCE

The period of performance for this PO shall be three (3) years from date of award, consisting of one (1), twelve-month base period and two (2), twelve-month FAR 52.217-9 option periods. If FAR 52.217-8 is exercised, the period of performance may be extended an additional six (6) months.

5.0 SCHEDULE OF SERVICE

The Contractor shall complete and provide a Schedule of Services available (Attachment 2) that includes the requirements listed in Section 4.0. The Contractor shall provide separate schedules for each calendar year of the three (3)-year PO for PR and the USVI. The Contractor may choose to provide sub-regional schedules (i.e., different locals within a jurisdiction) or schedules for other regions (e.g., the Florida Keys). Schedule(s) will be reviewed and approved by the CO for incorporation. During performance of the contract, additional vessels, personnel labor disciplines and materials, supplies, and equipment may be necessary to support within-scope tasks. These additional schedule items will be reviewed and approved for incorporation through contract modification. Should NOAA require contract performance outside of a geographic area established in the schedule(s), the Contractor will propose those costs on a per task basis.

It is expected that Responsiveness Priority Status will be detailed within the TDLs. The Contractor shall commence performance and/or provide the required vessel(s) according to the following Priority response timelines:

· Priority 1: requests designated at this priority level must be fulfilled within Twenty-Four (24) hours of notice to ensure immediate response of critical impact to trust resources is achieved. It is expected that the Contractor will have capability and availability to meet this need when this Priority occurs.

· Priority 2: requests designated at this priority level must be fulfilled within sixty (60) calendar days of notice. It is determined that there is a potential impact to trust resources. It is expected that the Contractor will have capability and availability to meet this need when this Priority occurs.

· Priority 3: requests designated at this priority level must be fulfilled within ninety (90) calendar days of notice. It is determined that there is awareness of impact to trust resources. It is expected that the Contractor will have capability and availability to meet this need when this Priority occurs.

Exceptions to these timelines may be approved on a case-by-case basis by the COR.

6.0 REQUIREMENTS

6.1 Vessels: The Contractor shall be able to provide small (24’ - 30’), medium (30’ - 50’), large (50’ - 65’), and coastal construction vessels that are available, or able to be transported to, any area for which NOAA has an operational requirement in the coastal waters of the USVI and PR (including outlying islands). Timelines will be established at the time of Technical Direction.

6.1.1 Small vessel requirements:

6.1.1.1 Capable of operating in waters as shallow as five feet.

6.1.1.2 Capacity to remain at or near the operation area for the duration of the scheduled activity.

6.1.1.3 Meet all required United States Coast Guard (USCG) safety requirements for this size vessel.

6.1.1.4 Capability to provide 100% oxygen to a non-breathing diver.

6.1.1.5 Equipped to allow the safe exiting and boarding of the vessel by full-equipped self-contained underwater breathing apparatus (SCUBA) divers.

6.1.1.6 Capacity to safely transport dive team, crew and equipment needed for operation.

6.1.2 Medium vessel requirements:

6.1.2.1 Capacity to remain at or near the operation area for the duration of the scheduled activity.

6.1.2.2 Meet all required USCG safety requirements for this size vessel.

6.1.2.3 Capability to provide 100% oxygen to a non-breathing diver.

6.1.2.4 Equipped to allow the safe exiting and boarding of the vessel by full-equipped SCUBA divers.

6.1.2.5 Capacity to safely transport dive team, crew and equipment needed for operation. Typically, this capacity would be six (6) divers, crew, twenty-four to thirty-six (24 - 36) 80ft³ dive tanks, thirty (30) 5-gallon buckets of cement, thirty-five (35) bags of 30-lb of sand, and additional support equipment.

6.1.2.6 Sufficient deck space to allow for safe mixing of cement and movement of personnel.

6.1.2.7 Ability to launch, tow, and retrieve small to medium-sized scientific instruments or Autonomous Underwater Vehicles (AUVs).

6.1.3 Large vessel requirements:

6.1.3.1 Capacity to remain at or near the operation area for the duration of the scheduled activity.

6.1.3.2 Meet all required USCG safety requirements for this size vessel.

6.1.3.3 Capability to provide 100% oxygen to a non-breathing diver.

Equipped to allow the safe exiting and boarding of the vessel by full-equipped SCUBA divers.

6.1.3.4 Capacity to safely transport dive team, crew and equipment needed for operation. Typically, this capacity would be ten (10) or more divers, crew, forty to sixty (40 - 60) 80ft³ dive tanks, sixty (60) 5-gallon buckets of cement, seventy (70) bags of thirty (30)-pounds of sand, and additional support equipment.

6.1.3.5 Ability to launch, tow, and retrieve small to medium-sized scientific instruments or AUV/remotely operated vehicles (ROVs).

6.1.4 Coastal construction vessel requirements:

6.1.4.1 The Contractor shall be capable of accessing a range of appropriate vessels (e.g., deck barges, tugs, supply vessels, etc.) to support these requirements. Operational requirements will vary from operation and the Contractor will have opportunity to propose actual vessels (and associated costs) on a task-by-task basis. Generally, it is expected that certain activities (e.g., placement of material for reef restoration, removal of marine debris/derelict vessels, deployment of large instrumentation, etc.) may require vessels capable of transporting and deploying to or retrieving from the seafloor (<140’ of water) material or multiple objects that weigh up to two (2) tons individually.

6.1.4.2 Capacity to remain at or near the operation area for the duration of the scheduled activity.

6.1.4.3 Meet all required USCG safety requirements for this size vessel.

6.2 Personnel: Personnel furnished by the Contractor shall meet the following minimum personnel requirements:

6.2.1 All dive personnel shall be trained and maintain certification in CPR, First Aid, Dive Accident Management, and Oxygen Administration. A record of this training shall be provided at the kickoff meeting and every year thereafter.

6.2.2 Vessel Operators must be appropriately licensed by the USCG, and proof of licensing maintained on the vessel.

6.2.3 Divers provided by the Contractor shall be certified to a level commensurate with the type and conditions of the diving activity being undertaken. Divers are restricted to tasks commensurate with their training and experience level and shall meet American Academy of Underwater Sciences (AAUS) Standards for Scientific Diving; tasks defined as Working Diving by NOAA and/or AAUS shall be carried out by professionally trained (government, military, commercial, or equivalent) divers with appropriate task specific training and/or experience.

6.2.4 All diving activities shall meet, or be specifically exempted from, Occupational Safety and Health Administration (OSHA) guidelines. Furthermore, it is the responsibility of the Contractor to ensure that any SCUBA diving activities meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of specific SCUBA diving operations. A minimum of one (1) diver per mission must have reciprocity with NOAA for Scientific Diving. (NOAA will provide this training to selected Contractor personnel, but the Contractor must provide personnel and equipment capable of meeting the reciprocity standards).

6.2.5 Personnel providing services in Puerto Rico shall be fluent in both English and Spanish.

6.2.6 Training is authorized for NMFS/NOAA/DOC specific systems and requirements. Completion certificates must be submitted to the COR no later than 3 business days after the start of the contract/task order or completion of courses after authorization. The following training is currently required to be completed under this task order. The COR may authorize additional training that is necessary for the task order and not commercially available.

7.0 SERVICES REQUIRED

The Contractor shall provide operational, diving and scientific support to NOAA and jurisdictional partners (local and state government agencies) in conducting research, monitoring, assessment, and restoration activities primarily, but not limited to, coral reef habitats of the Southeast United States (primarily PR, the USVI, and South Florida) and the capacity to support other work assigned to the NOAA RC throughout the United States and Greater Caribbean.

The applicable wage determinations (WDs) are included as an attachment to this purchase order for the following labor categories: deckhand, dive master, diver – commercial, diver – safety, diver – scientific, diver – support, and vessel captain. All other labor categories are considered exempt from the Service Contract Labor Standards pursuant to 29 CFR Part 541.

Services to be provided are in the following areas:

7.1 Vessel Operations: The Contractor shall operate required vessels to support the following operations:

7.1.1 Emergency response to physical impacts, spills, storms, debris, etc.

7.1.2 Restoration activities (e.g., coral reef, sea grass, debris removal, etc.)

7.1.3 Transportation of varying amounts of equipment and personnel

7.1.4 Scientific, working and commercial diving operations

7.1.5 Transportation of corals in water tanks

7.1.6 Active coral population enhancement

7.1.7 Underwater mapping and surveying

7.1.8 Scientific research and monitoring

7.1.9 Water and benthic sampling

7.1.10 Safe operations in shallow water/sensitive habitat

7.1.11 Mooring buoy establishment

7.1.12 Scientific Instruments deployment and retrieval

7.1.13 Large object (boulders, modules, buoys, blocks, etc.) deployment to the sea and/or seafloor (<140’ water)

7.1.14 Object(s) (e.g., debris, derelict vessels, fishing gear, boulders, modules, buoys, blocks, etc.) retrieval from the sea and/or seafloor.

7.1.15 Project planning, oversight and management

7.2 Personnel Support: The Contractor shall provide personnel including Vessel Operators, Deck Crew, Divers, Scientists, Project Manager, Support Personnel, and Restoration Experts to support the following operations:

7.2.1 Emergency response to physical impact sites

7.2.2 Coral reef restoration activities

7.2.3 Scientific, working and commercial diving

7.2.4 Active coral population enhancement

7.2.5 Scientific analysis of samples and field data

7.2.6 In-water mapping and surveying

7.2.7 Drafting and implementation of Watershed Management Plans

7.2.8 Development and implementation of Watershed Best Management Practices

7.2.9 Hydroseeding

7.2.10 Scientific research and monitoring

7.2.11 Water and benthic sampling

7.2.12 Equipment mobilization / demobilization

7.2.13 Mooring buoy establishment

7.2.14 Scientific instruments deployment and retrieval

7.2.15 Large object (boulders, modules, buoys, blocks, etc.) deployment to the sea and/or seafloor (<140’ water)

7.2.16 Object (e.g., debris, derelict vessels, fishing gear, boulders, modules, buoys, blocks, etc.) retrieval from the sea and/or seafloor.

7.2.17 Project planning, oversight and management

7.2.18 Coastal engineering to design restoration projects

7.3 Equipment Support: The Contractor shall provide equipment necessary to support emergency response, restoration, transportation, diving, mapping and surveying, research and monitoring, sampling and operational support. This includes, but is not limited to:

7.3.1 SCUBA gear, tanks, weights

7.3.2 Air compressor (SCUBA)

7.3.3 NITROX

7.3.4 Cement, Sand, Plaster, Epoxy, Rebar, Masonry Nails, Cable Ties

7.3.5 Cement mixer

7.3.6 Portable generator and drill

7.3.7 Pneumatic and/or hydraulic tools for underwater construction

7.3.8 Hand tools (hammers, pliers, brushes, crowbars, etc.)

7.3.9 Buckets and crates

7.3.10 Lift bags and cargo nets

7.3.11 Buoys, lines, weights

7.3.12 Davit and lifting equipment to support large object and mooring buoy deployment to the sea and/or seafloor (<140’ water) and object retrieval

7.3.13 Scientific instruments deployment and retrieval

7.3.14 Hydroseeding equipment

7.3.15 Measuring and monitoring equipment

7.3.16 Underwater camera and video equipment

7.3.17 Aerial survey drones

7.3.18 First aid, safety equipment, and oxygen kit

8.0 GOVERNMENT- FURNISHED PROPERTY, MATERIAL, EQUIPMENT, OR INFORMATION (GFP, GFM, GFE, or GFI) The Government will supply technical reports, baseline data, and other relevant scientific information as appropriate and available. NOAA will neither purchase nor provide equipment unless it is for a specific service and utilized under the direction of NOAA staff onboard working vessels.

It is the responsibility of the Task Lead to track any GFP or GFE issued to and returned by the Contractor and to provide an annual update of this list to the CO, if requested.

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

9.0 REIMBURSABLE EXPENSES (TRAVEL, EQUIPMENT OR MATERIALS, ETC.)

Travel shall be approved in advance and must be associated with the performance of the contract and through coordination of the COR. Travel proposed and accepted by the government in the Contractor’s task quote shall not require additional approval. Any additional travel outside of the quote shall require approval from the COR at least fourteen (14) calendar days in advance of anticipated travel. The travel expenses shall be computed at the per diem rate(s) provided in the Federal Travel Regulations (FTR) in effect at the time of travel. The Contractor shall be reimbursed for actual cost of public conveyance. When travel is performed using a privately-owned vehicle (POV), the Contractor shall be reimbursed at the mileage rate provided in the FTR in effect at the time of travel. No per diem (including meals) shall be paid when the official travel is twelve (12) hours or less, within the continental United States.

Travel costs shall be reimbursed in accordance with established government rates and FTR. The Joint Travel Regulations are located at: https://www.ecfr.gov/current/title-41/subtitle-F

Travel costs shall be verified with the Government local travel agency. The following policies are the CO’s interpretation of reasonable:

9.1 Commercial airline tickets purchased shall be:

9.1.1 Lowest non-penalty coach fare available which satisfies the schedule (except for immediate departure) or

9.1.2 Reserved/purchases as far in advance as possible to make maximum use of discounts.

9.2 Airport parking for one (1) night or more will be paid for at the long-term parking rate.

9.3 Rental vehicles are authorized as follows:

9.3.1 For three (3) or less people – not to exceed the cost of the least expensive compact size; or

9.3.2 For four (4) or five (5) people – not to exceed the cost of the least expensive mid-size car/station wagon; and van.

9.3.3 For six (6) or more people, or for carrying equipment, samples, etc. – the least expensive van or combination of station wagon, compact and van.

ODCs are authorized on allowable travel. Travel authorization for this contract is delegated to the COR. ODCs including approved negotiated indirect costs detailed in Federal Acquisition Regulation (FAR) 52.212-1, Alt I(i)(1)(ii)(D) - Other Costs. ODCs are authorized for certain materials, supplies, shipping, and communication services only as these incidental costs are directly related to this PWS performance. ODCs may be firm-fixed-price or reimbursed at actual cost as shown by receipts and approved by NOAA.

10.0 INVOICING

The Contractor shall submit an unsigned monthly, draft invoice to the COR for review within twenty-one (21) days of the end of each month a task is performed. Once reviewed and comments have been provided to the Contractor by the COR, the Contractor shall have five (5) business days to resolve comments and submit a final invoice through invoice processing platform (IPP) for payment.

11.0 TRAVEL

No travel is authorized without prior Governmental approval. The Contractor shall be reimbursed for travel expenses incurred during authorized and approved travel only.

12.0 NON-PERSONAL SERVICE STATEMENT

Contractor employees shall perform independent of and without the supervision of any Government official. Contractor employees performing services under this order shall be controlled, directed and supervised at all times by appropriate management personnel of the Contractor. Management and oversight shall ensure that employees properly comply within the company’s performance standards. Actions of Contractor employees may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in FAR Parts 7.5 and 37.1. The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

13.0 SECURITY

In accordance with Commerce Acquisition Manual (CAM) 1337.70 paragraph 2.1 – Non-IT – Service Contracts (non-National Security) the following risk designation has been applied to this PO: LOW

It is also the responsibility of the COR working with the Contractor to ensure that requirements of CAM 1337.70 paragraph 3.1 C. Low Risk – Non-IT Service Contracts – Low Risk Investigative requirements are completed and documented in a timely manner.

Throughout the period of performance of this contract, the vendor must comply with all Federal, DOC, NOAA, and NMFS IT regulations and policies.

14.0 SAFETY

The Contractor is required to follow all relevant dive regulations when working on this contract.

15.0 1330-15.204-70 Contract Deliverables The following table is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this PO. TDLs will list specific deliverables relevant to each task.

Annual Training: by March 1st of each calendar year with contract performance

Final: Within 5 days of comments

16.0 PERFORMANCE REQUIREMENT SUMMARY

Performance by the contractor to correct defects found by the Government as a result of quality assurance surveillance and by the contractor as a result of quality control, shall be in accordance with (IAW) FAR 52.212-4(a). The COR will monitor compliance and report to the CO and PM. The CO is responsible for reporting performance data into the Contractor Performance Assessment System (CPARS) no less than once a year and this information may affect the contractor’s performance ratings. The below Performance Requirements Summary (PRS) outlined the required performance standards, acceptable quality levels, governing performance of this purchase order:

Performance Requirement Summary

Manage project portfolio to include: project deliverables, schedules, staffing / onboarding, budgets; and tracking project tasks via monthly reports.

Monthly Reports are submitted on-time 95% of the time;

Deliverables are 95% compliant Customer feedback, task monitor / COR review, review of monthly reports

17.0 POINTS OF CONTACT

Contact information for the NOAA CO, COR and Task Lead will be identified via separate letter.

18.0 LABOR CATEGORY DESCRIPTIONS AND MINIMUM QUALIFICATIONS

Personnel providing support under the labor categories identified in the pricing schedule shall possess the following minimum qualifications:

1305M324Q0252 Caribbean Vessel, Dive, and Scientific Support Services