Attachment 1 - Statement of Work (1305M325Q0092).pdf

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

Southeast Regional Office, Protected Resources Division

Southeast Right Whale Early Warning System

FAAPS#250651

Requisition# 143030-25-0014

I. BACKGROUND

Management of marine mammal populations falls within the jurisdiction of the National Marine Fisheries Service (NMFS) under the Marine Mammal Protection Act (MMPA) of 1972 and, for right whales, under the Endangered Species Act (ESA) of 1973. NMFS Southeast Region (SER) is responsible for the management of marine mammals, including North Atlantic right whales, from North Carolina to Texas including Puerto Rico and the U.S. Virgin Islands.

The North Atlantic right whale population is highly endangered. Entanglement in fishing gear and vessel strikes are the leading causes of North Atlantic right whale mortality. The only known calving area of the North Atlantic right whale occurs in coastal waters from North Carolina to northeastern Florida. While many right whales come to the Southeast U.S. (SEUS) in the winter, the most vulnerable parts of the population (mothers and calves) depend on this habitat.

Vessel strike risks are present during the winter calving season and an increase in traffic increases the possibility of collision with right whales. In addition to recreational traffic, there are five major shipping ports in the SEUS with approaches transecting the calving area. Despite their enormous size, right whales can be extremely difficult to see. They do not have a dorsal fin, their profile is usually low in the water and they spend much of their time just below the surface. Additionally, right whales are slow moving, especially when accompanied by a calf. These factors, combined with the amount of vessel traffic in the area, make the right whale especially vulnerable to collision with vessels.

The U.S. Army Corps of Engineers (USACE) oversees coastal dredging. Shallow-water ports in the SEUS require routine dredging to remain navigable, and dredging often takes place during the winter when right whales are present. Dredging includes transiting from the channel to offshore placement areas or beaches and includes additional support vessels working in the area. Additionally, other governmental vessels transit through the calving grounds as part of their mission requirements including the U.S. Coast Guard (USCG) and U.S. Navy.

To minimize the risk of vessel strike from this increased traffic, aerial surveys are funded jointly by the USACE, USCG, Navy and NMFS. This survey effort is referred to as the SEUS Early Warning System (EWS). EWS aerial surveys are flown over nearshore Atlantic Ocean waters from the North Carolina/Virginia border to Cape Canaveral, FL to locate right whales within their winter calving area.

Sightings of right whales are entered into the EWS communication network and relayed directly or indirectly to marine users consistent with the EWS Aerial Survey Protocols (Attachment 1).

The EWS Aerial Survey Protocols provide guidance and consistency to all participating aerial survey teams regarding the many variables related to flying EWS aerial surveys and disseminating EWS data. The Protocols are developed and updated by NMFS with input from EWS aerial survey teams and are dynamic in nature. Thus, NMFS, after considering input from the EWS teams, may periodically update or modify the Protocols to address changing needs and demands of the EWS surveys. The EWS Aerial Survey Protocols are included as Attachment 1 and are incorporated herein by reference.

The EWS aerial survey project currently consists of two major components (Figure 1):

1. The “SEUS Core Area” survey area off of Georgia and northeast Florida, and

2. The Carolina Survey Area off of North and South Carolina.

The SEUS Core Area includes the area from approximately Savannah, GA to Cape Canaveral, FL and is surveyed annually throughout the right whale calving season (no earlier than November; no later than April). Surveys are conducted collaboratively, generally by two survey teams/aircraft based in Georgia and northeast Florida, respectively. The Georgia-based survey team is currently implemented by the Georgia Department of Natural Resources (GDNR) and their contractor, Clearwater Marine Aquarium Research Institute (CMARI), using funds from a NMFS grant that is funded annually and runs through the 2028 season. NMFS will likely award a new grant prior to the start of the 2029 season to continue this work.

The Florida-based survey team – which will be conducted by the Contractor under this contract – is funded by the USACE, USCG and Navy. While the two survey teams are funded separately due to agency funding logistics, both teams support the entire SEUS Core Area. The Georgia- and Florida-based survey teams will coordinate daily to determine which portion of the Core Area will be surveyed based on weather, military airspace closures, dredging activities, predicted whale distribution, and other factors. If the Georgia-based team or other team is unavailable, the Contractor will be responsible for conducting surveys throughout the SEUS Core Area.

The Carolina Survey Area (approximately NC-VA border to Savannah, GA) is flown collaboratively throughout the season (no earlier than November; no later than April) generally by two survey teams/aircraft. The Carolina surveys are funded by the USACE and are currently implemented by two CMARI teams based at Georgetown, SC and Beaufort, NC. While most Carolina survey activities are generally outside of the scope of this contract, the Contractor will be expected to share data and maintain communications with survey teams operating in the Carolina Survey Area as outlined in the EWS Aerial Survey Protocols (Attachment 1). When needed and agreed to by all parties, the survey teams in the SEUS Core Area and Carolina Survey Area may support coverage in adjacent areas.

II. SCOPE

This acquisition is for a Contractor to provide one aerial survey team that will fly EWS surveys in the SEUS Core Area and will be based in northeast Florida from December 1 through March 31 annually. The Contractor’s survey team will collaborate with the second EWS Core Area survey team based in Georgia which will be implemented by GDNR (or GDNR’s contractor). As outlined below and in the attachments to this Statement of Work, tasks will include (1) the implementation of aerial surveys and (2) activities associated with the handling and dissemination of data and coordination with other members of the EWS survey network.

III. OBJECTIVES

The main objectives of the requirement are:

1. Use aerial survey methods to detect and monitor the subset of the North Atlantic right whale population that migrates seasonally to the SEUS Core Area.

2. Use established photographic identification techniques to collect photographs for use in photo-identification of individual whales.

3. Communicate whale sighting locations to federal agencies, federal contractors (e.g., dredging companies and observers), and other marine users to reduce risk of whale/vessel collisions as outlined in the Early Warning System (EWS) Aerial Survey Protocols.

4. Detect, monitor and respond to reports of entangled, injured and dead right whales and other protected species.

5. Detect and monitor human-caused threats to right whales and their habitat.

This data collection and notification effort will complement other right whale-related data collection activities conducted along the U.S. East Coast.

IV. TASKS

1. Aircraft and Pilot Requirements:

a. The Contractor shall utilize aircraft that meet the “Preferred certification for planned or routine aerial surveys” described in the “NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys: December 2024,” including using aircraft that are operated and maintained under provisions of 14 CFR Part 135. The Contractor shall comply with all other requirements and specifications listed in the NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys: December 2024 (Attachment 2).

b. Survey aircraft will be operated as outlined in the EWS Aerial Survey Protocols (Attachment 1).

2. Pre-field Season Tasks – The Contractor shall:

a. Identify qualified marine mammal observers to assist with the upcoming surveys,

b. Ensure all field logistics (e.g., lodging, aerial survey platform, ground transportation, field supplies) are in place,

c. Meet virtually or in-person with NMFS SER staff at least 30 days prior the start of each survey season to coordinate upcoming survey activities, review protocols and discuss any needed changes to protocols, and

d. Be available to attend and help NMFS SER staff plan virtual and in-person pre-season meetings with other whale survey teams and EWS data users (e.g., Navy, UCCG).

3. Survey Requirements – SEUS Core Area surveys will be conducted as outlined in the EWS Aerial

Survey Protocols (Attachment 1), and as follows:

a. Surveys shall be flown December 1 through March 31 and may be flown outside of this timeframe, if mutually agreed upon by the Contractor and NMFS.

b. The seasonal survey area, known as the SEUS Core Area, generally includes the nearshore continental shelf area from Cape Canaveral, Florida, to Savannah, Georgia. A “universe” of potential track lines will be identified for the survey area prior to each season by NMFS after consultation with the Contractor and others. Track lines will be oriented perpendicular or parallel to shore extending from the shoreline to no greater than 80 km from shore. Survey area and universe of track lines that will generally be flown are illustrated in Figure 2.

c. Daily surveys will consist of flying a subset of transects selected from the universe of track lines. The transect set will be dynamically determined in coordination with other survey teams and based on a number of factors including weather, military airspace closures, dredging activities and predictive models generated by Florida Fish and Wildlife Conservation Commission (FWC) consistent with EWS Aerial Survey Protocols. The FWC contact to obtain predictive models is katharine.jackson@myfwc.com.

d. Daily surveys are estimated to require up to 6 hours of flight time. The Contractor is not expected to exceed a maximum of 350 flight hours for the four-month survey season.

e. The Contractor shall be available to fly (7) seven days per week, but surveys shall only be conducted in conditions of Beaufort sea state of four (4) or less.

f. Surveys will be coordinated with any other aerial survey team operating in the SEUS Core Area (e.g., the Georgia-based team) to result in optimal joint coverage of the survey area and to meet the Government’s needs. If another team is unavailable, the Contractor will be mailto:katharine.jackson@myfwc.com responsible for implementing surveys throughout the SEUS Core Area.

g. The Contractor will coordinate with other survey teams operating in the SEUS Core Area prior to scheduling planned aircraft maintenance to maximize the likelihood that at least one survey team is available to fly on any given day.

h. The Contractor will maintain awareness of hopper dredging activities including those in Savannah Harbor, Brunswick Harbor, Kings Bay, Mayport, and Jacksonville. This includes maintaining communications with dredges, dredge observers, and support vessels as appropriate. The Contractor, in coordination with other survey teams operating in the SEUS Core Area, will consider the location of dredging operations when making survey plans so that dredge project areas are surveyed regularly when dredging operations are under way.

i. Surveys will be flown at a standard operational altitude of 1000 feet above sea level to maximize the ability to view right whales. Operational survey speed will be 185 km/hr over ground. Surveys will be flown only in visual flight regulations (VFR) flight conditions. The contractor is expected to follow a risk-averse strategy to avoid unnecessary risk to the safety of the aircraft crew and pilots.

j. Aerial surveys, communication of sightings, data sharing, and in-season collaboration shall be consistent with EWS Aerial Survey Protocols.

k. In coordination with the Contractor, NMFS may make modifications to the EWS Aerial Survey Protocols during the course of the contract if changes need to be made to survey methods, data management procedures or other project parameters. NMFS does not anticipate that modifications to survey protocols will result in additional expense to the Contractor. However, if an additional expense is forecasted, approval will need to be obtained from the Contracting Officer via a modification prior to commencing work.

l. In the event of a sighting or report of an entangled, injured or dead floating whale, the survey team may be temporarily redirected off-effort as directed by the Southeast Right Whale Recovery Coordinator, or designee, to respond to the sighting at no additional cost to the government. NMFS does not anticipate increased flight time associated with these responses. It is also possible that these responses may require effort outside of the SEUS Core Area universe of tracklines.

m. The scientific party shall consist of at least three staff: Two “observers,” one positioned on each side of the aircraft during surveys, and a third “ground contact,” who will remain on the ground and disseminate data and manage communications while surveys are underway. At least one observer in the aircraft will be listed as an investigator on a NMFS research permit and be authorized to conduct North Atlantic right whale aerial surveys (see “Requirements” below).

n. High-resolution digital photographs to be used for identification will be collected from all individual right whales that are observed, as conditions and whale behavior permit.

Photographs shall be collected in a manner that does not compromise flight safety or completion of surveys. The contractor shall use aerial photographic protocols developed by NMFS and its cooperators (New England Aquarium, Boston, Massachusetts; and Provincetown Center for Coastal Studies, Provincetown, Massachusetts).

o. NMFS may require photographs and real-time information on the within-season sighting history of any right whale observed in the SEUS that exhibits signs of recent human interaction.

4. Data – Aerial survey data will collected, managed and disseminated in accordance with the EWS Aerial Survey Protocols (Attachment 1), including the following:

a. The Contractor shall collect data during aerial surveys, including:

i. Whale “survey effort and event data” for the North Atlantic Right Whale

Sightings Database, including environmental data, survey effort data, and all sightings of large whales, leatherback sea turtles, manta rays and manatees,

ii. Right whale “photo-identification data” for the North Atlantic Right Whale Catalog,

iii. Photographs and associated data for entangled, injured and dead large whales, and

iv. Whale-vessel interactions (WVIs).

b. The Contractor shall disseminate whale sighting data to maritime interests:

i. In near-real-time via the EWS WHALE ALERT System, and

ii. Within 24 hours via www.whalemap.org.

c. The Contractor shall process and submit all whale and survey data according to established North Atlantic Right Whale Consortium protocols and as outlined in the EWS Aerial Survey Protocols.

d. The Contractor shall be responsible for ensuring that data are backed up and stored securely to prevent accidental data loss.

5. Weekly Performance Records

No later than Wednesday of the following week, the Contractor shall make available survey activities conducted from the previous Monday through Saturday. Report format and contents shall follow that described in the EWS Aerial Survey Protocols (Attachment 1), but generally include a graphic of survey tracks and whale sighting locations, reason if no survey was flown, number and preliminary identifications of individual right whale sightings, and other large whale sightings.

6. Quality Assurance Surveillance Plan http://www.whalemap.org/

Quality Assurance Performance Objective

Standard

Acceptable Quality Level

(AQL)

Surveillance Method

(Performance Requirements)

(Performance Standard) (Performance Metrics)

(Quality Assurance)

Individual Right Whale Identification

Photographs to be used for identification shall be made of individual right whales. The contractor shall use aerial photographic and record-keeping protocols developed by NMFS, NEA, and PCCS.

90% of observed individuals are adequately photographed for identification purposes. 70% of individuals are preliminarily identified within 3 days of being observed.

Random Inspection

Survey High Priority Spatial Area

Emphasis is to survey lines with highest predicted whale density based on sightings and models. Predictive models will be provided by FWC on a weekly or semi-monthly schedule.

Attempt is made to fly assigned whale dense” survey lines on 90% of days with acceptable survey conditions.

Random Inspection

Collaborate with other SEUS aerial survey teams to effect most efficient coverage of SEUS survey lines between survey teams.

Collaboration is professional and plans are mutually agreed upon after assessing flight options.

Customer Feedback

Comply with existing NOAA policies and

NMFS SER

provisions

Aircraft shall meet the “preferred certification” described in the NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys:

December 2024 (e.g., operated and maintained under 14 CFR Part 135). All other requirements listed in the SER Minimum Aircraft and Crew Provisions (Attachment 2) will be followed.

Enter right whale sightings into EWS Communication Network

Sightings shall be distributed via EWS communication network and WhaleMap as prescribed in the EWS Aerial Survey Protocols.

Requirements met 95% of time. Random Inspection

Responsive to the needs of the government

The contractor will demonstrate a willingness to examine potential changes and discuss legitimate challenges associated with potential changes with the COR. If, at no cost and after discussion with the contractor, the government/COR still request the desired change, the change will be implemented.

100% positive response to government change request

Customer Feedback

Customer Service Communications and interactions with the government, other right whale recovery partners, and marine users are professional and courteous.

Feedback is positive 98% of time Customer Feedback

7. End of Season Requirements

a. The Contractor shall attend and present aerial survey findings to the Southeast Recovery

Plan Implementation Team (SEIT) during their spring meeting, annually. The meeting date and location will be identified by the SEIT, but is likely to be in the May timeframe and in Georgia or northeast Florida.

b. By May 31, annually, the Contractor shall deliver all quality-controlled, final aerial “survey effort and event data,” including electronic data, sighting data sheets, etc., that were collected under this contract, as directed in the EWS Aerial Survey Protocols and in “IV. Deliverables” below.

c. By May 31, annually, the Contractor shall deliver all “photo-identification data,” including all original photographs and associated data that were collected under this contract, as directed in the EWS Aerial Survey Protocols and in “V. Deliverables” below.

d. Annually, the Contractor shall deliver a draft and final performance report, as directed in the EWS Aerial Survey Protocols and in “8. Annual Performance Report” and “V.

Deliverables” below.

8. Annual Performance Report

a. The Contractor shall report on the following information, collected from surveys conducted under this contract, in an annual report:

i. Number of survey days flown and monthly on-effort trackline distance (nmi);

ii. Graphical illustration of the density distribution of survey effort and locations of right whale sightings;

iii. The number and identification of individual right whales observed including age, sex, and reproductive status (if known);

iv. Number of entangled whales observed, and summaries of incidents

v. Number and description of injured and dead whales observed

vi. Number of whale/vessel interactions observed, including incident summaries.

vii. Number of humpback and other large whale sightings recorded.

Collaborates with other SEUS Researchers

Information on sightings, animal IDs, etc. are shared promptly with other SEUS researchers using Google Drive or similar cloud- based service.

Feedback is positive 98% of time Customer Feedback

Weekly Reports and Whale/ Vessel Interaction Forms

Weekly reports are generated and submitted as prescribed in the EWS Aerial Survey Protocols.

98% of reports are submitted on time.

Random Inspection

Photo-Identification and Survey Effort Data

Photo ID data (electronic images and datasheets) and effort data are generated as prescribed in the EWS Aerial Survey Protocols and submitted by May 31st.

100% timeliness. April 30 inspection

Draft and Final Annual Survey Summary Report

The draft and final summary report, containing information as specified in the SOW, will be submitted by timelines specified in the SOW.

100% timeliness. April 30 Inspection

b. By May 31, annually, the Contractor shall submit to the Government an electronic copy of the report containing information outlined in preceding paragraph “a”.

c. The Contractor will be required to work with NMFS and the GDNR aerial survey team on developing a calving season report that combines and consolidates results from SEUS aerial survey efforts.

V. DELIVERABLES

The following deliverables shall be delivered at the specified times.

Delivery Date Item Description Recipient

5/31 Final QA/QC’d aerial survey effort and event data 1, 2

5/31

All photo-identification images and associated datasheets; transmittal letter/s 1-2

5/31 Draft final report 1

30 days following receipt of comments from the government on draft final report Final Report (PDF formatted e- copy) 1-2

At the discretion of the contractor

Invoice (Reference NAM 1330-52.232-71 (FEB 2023)

Contracting Officer’s Representative

Within (3) Business Days of Award

Sexual Assault/Sexual Harassment Prevention and Response Training (Reference NAM 1330-52.222-

70)

Contracting Officer’s Representative

Delivery addresses for deliverables, unless otherwise specified, shall be:

1. Kara Shervanick Southeast Right Whale Recovery Coordinator NMFS Protected Resources Division 263 13th Ave. South St. Petersburg, FL 33701 Email: kara.shervanick@noaa.gov Phone: 727-824-5350

2. Annie Gorgone

NMFS Southeast Fisheries Science Center 101 Pivers Island Road Beaufort, NC 28516 Email: annie.gorgone@noaa.gov Phone: 252-666-7410

Survey effort and event data and the draft final report shall be prepared and submitted in editable digital formats as outlined in the EWS Aerial Survey Protocols. NMFS will be responsible for providing final reports and other information requested by the USACE, USCG and Navy.

mailto:kara.shervanick@noaa.gov mailto:annie.gorgone@noaa.gov

VI. REQUIREMENTS

1. The Contractor shall possess, acquire, or be listed as a Co-Investigator on, all applicable MMPA and ESA permits. Information on how to apply for NMFS scientific research permits is available at: https://www.fisheries.noaa.gov/permit/esa-scientific-research-and-enhancement-permits.

2. The contractor shall provide all equipment necessary to conduct the SEUS Core Area aerial survey and other tasks described in this SOW.

3. Prior to award, and throughout the duration of the contract performance period upon request, the

Contractor shall provide documentation that aircraft utilized under this contract meet the “preferred certification for planned or routine aerial surveys” described in the NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys: December 2024 (e.g., using aircraft that are operated and maintained under provisions of 14 CFR Part 135). All other requirements listed in the SER Minimum Aircraft and Crew Provisions (Attachment 2) will be followed.

4. Observers shall have previous experience in surveys for marine mammals, and be trained and experienced in the identification of marine mammals.

5. One member of the scientific party must have previous experience taking right whale photographs from the air and be proficient in identifying individual right whales.

6. The Contractor shall conduct surveys consistent with the “NOAA Fisheries SER Minimum

Aircraft and Crew Provisions for Right Whale Aerial Surveys: December 2024”

7. Surveys, protocols, and collaborations shall be consistent with the EWS Survey Protocols

(Attachment 1).

8. The Contractor shall hold and save the Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject to or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees, and agents.

9. Occasionally, law enforcement investigations will take place as the result of information collected under this contract/grant. If the contractor is notified that a law enforcement investigation is underway, the contractor shall refrain from distributing information obtained under this contract and related to the incident under investigation unless prior permission is obtained from the Southeast Large Whale Recovery Program Coordinator.

10. Photographic credit for all photos obtained under this contract shall be as follows:

[Contractor]/NOAA Permit #[insert permit number].

11. During media interviews, in publications, in presentations, and in other public communications, the Contractor shall acknowledge U.S. Army Corps of Engineers, U.S. Coast Guard, U.S. Navy, and NMFS as funding sources for all efforts paid for under this contract. The contractor shall coordinate with NOAA prior to releasing any data or information to the media or public that may have implications for new or ongoing law enforcement investigations (see VI.9 above).

https://www.fisheries.noaa.gov/permit/esa-scientific-research-and-enhancement-permits

12. The government reserves the right to include findings (sightings, photographs, data, etc.) from this work in agency reports, newsletters, responses to media, etc. NOAA will appropriately acknowledge the contractor and satisfy any conditions specified by permits, etc.

13. Required Knowledge and Experience: The Contractor must have and be able to provide technical expertise and experience with early warning systems protocols and aerial surveys for whales.

Figure 1

General area and universe of track lines that may be surveyed during the right whale calving season, including the subset of SEUS Core Area transects (green and blue lines) and the Carolina Survey Area transects (orange lines). This map is for illustrative purposes only; the actual survey transects may change slightly among seasons but will generally encompass nearshore Atlantic Ocean waters along the coasts of North Carolina, South Carolina, Georgia, and Northeast Florida.

Figure 2

General area and universe of track lines that may be surveyed in the Core Area during the right whale calving season. The green transect lines are the default lines for most survey days; the blue lines are extended segments that may be flown when weather conditions, whale distribution or other factors allow.

This map is for illustrative purposes only; actual survey core survey transects may change slightly among seasons but will generally encompass nearshore Atlantic Ocean waters along the coasts of Georgia and Northeast Florida.

VII. Period of Performance

The base period is one year from the date of award, with four one-year option periods per FAR 52.217-9. FAR 52.217-8 is included, permitting an additional 6 month extension if exercised.

VIII. Place of Performance

Performance of the contracted tasks will occur at the vendor’s facilities and/or locations identified as part of tasks 3 and 4.

IX. Government-Furnished Resources

The Government will not furnish any resources to the Contractor in support of this contract. The Contractor shall provide and retain the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the minimum duties specified herein.

The Government will provide any necessary information, data and documents to the Contractor for work required under this contract, unless it is developed with and by the Contractor.

X. Travel, and Training

1. Training: Contractors are required to complete all NOAA mandated training such as IT security training.

2. Travel: Personnel travel shall be required to support this requirement. The Contractor shall be responsible for all travel arrangements and expenses, appropriate lodging, and all expenses associated with performing the work required under this contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. These regulations can be found at www.gsa.gov.

XI. SPECIAL REQUIREMENTS

1. 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).

2. Intellectual Property Rights All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order. Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

3. IT Security The contractor will not require access to Federal Buildings or DOC Systems.

4. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

5. Inclusion of Clause 52.217-8 Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

X. CONTRACTORS INVOICE

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232- 25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor shall submit an invoice, with back-up documentation, for a dollar amount reflecting the percent of overall progress achieved during that billing period (as a % of the overall Firm-Fixed-Price) electronically to the COR for review and approval. Once approved by the COR, the Contractor will be required to submit the invoices via the Department of Treasury Invoice Processing Platform (IPP). Final determination of progress and payment to be made, if the Contractor and COR cannot reach agreement, shall be made by the CO.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause) http://www.access-board.gov/ http://www.section508.gov/ https://www.ipp.gov/

Early Warning System (EWS) Aerial Survey Protocols1 Last Updated February 2025

Roles and Responsibilities Observer Training and Safety Equipment Aircraft Related Items

Mode III Transponder Codes from EADS FACSFACJAX Aerial Survey Coordination Automated Flight Following

Data Overview Data Collection Error-Checking Data Data Storage and Submission

Collaboration Between Survey Teams Information Sharing Survey Zones and Transects

Communication Morning E-mails New Mom/Calf Pair Sightings Dredges Submarines Right Whales Observed in Rivers and Port Entrances Other Scenarios Requiring Real-Time Assistance from Coast Guard or Law Enforcement Completing and Submitting WVI Forms Media, Reports, and Publications

Disseminating Whale Sighting Information Issuing a Whale Alerts (Sighting) Special Circumstances: Reporting and Alerts Dynamic Management Areas (DMAs) Right Whale Sightings Mapper

Distressed or Dead Whales Entangled Whales Injured Whales Live Calf Strandings Dead Whales and Other Marine Mammals Photos for Immediate Planning Purposes

Miscellaneous Potential Violations of ESA or MMPA Regulations Derelict Vessels VHF Marine Radio

Deliverables

1 This is intended to be a dynamic document that reflects current procedures. Contractors and grant recipients will not incur additional costs as the result of changes. Changes will be made by NMFS in consultation with EWS participants, contractors, and grant recipients; however, ultimately, the protocols will reflect the needs of the Government.

Prior to Commencing Surveys Performance Records and Weekly Reports End of Season Completing and Submitting WVI Forms

Roles and Responsibilities

NOAA Early Warning System (EWS) right whale surveys are implemented annually by contractors in cooperation with the National Marine Fisheries Service (NMFS) Southeast Region (SER), as outlined in Scopes of Services and in contractors’ respective contracts and grants.

Contractors are responsible for standing up one or more “survey teams” which will conduct right whale surveys and associated activities each calving season, and will generally be structured as follows:

● Survey Team

○ Scientific Party

■ Team Leader/Marine Mammal Observer

■ Other Marine Mammal Observer(s)

■ Other scientific staff as specified

○ Flight Crew

■ Pilot in Command

■ Co-Pilot

■ Maintenance staff or reserve pilots as specified

Each survey team will consist of (1) a “scientific party” that implements the survey project and

(2) a “flight crew” that operates the survey aircraft. The scientific party includes the trained scientific staff who are located on-site and implement day-to-day whale survey activities. The scientific party will include a minimum of 3 marine mammal observers (hereafter “observers”) who are trained to fly aboard the survey aircraft, spot and identify marine mammals, collect data, and conduct other survey activities. One of the observers will be designated the “team leader” and will be responsible for (1) supervising the observers and any other members of the scientific party, (2) liaising with their flight crew (e.g., making daily fly/no fly decisions), and (3) coordinating with NMFS and the other EWS survey teams. The flight crew, which will consist of at least two pilots, will operate the survey aircraft in accordance with the “NOAA Fisheries SER Minimum Aircraft and Crew Provisions for Right Whale Aerial Surveys, December 2024.”

At least two trained observers and two pilots will be aboard the survey aircraft during all whale surveys. At least one observer who is listed as an investigator on a NMFS scientific research permit will be in the aircraft whenever whale surveys are being conducted. When whale surveys are underway, one member of the scientific party will remain on the ground to disseminate Whale Alerts and manage other communications; this role is referred to as the “ground contact.”

The primary NMFS SER POC for EWS aerial survey activities is Kara Shervanick, Southeast Right Whale Recovery Coordinator. Ms. Shervanick will provide oversight of EWS survey activities, including coordinating with survey team leaders. Team leaders or other members of the scientific party will be expected to participate in and assist with in-person and virtual meetings as needed and requested by NMFS SER (e.g., pre-season planning meetings, in-season coordination meetings, post-season reporting meetings).

Observer Training and Safety Equipment

NOAA-issued contracts specify aircraft, crew, and safety equipment and training required for flying right whale aerial surveys in the Southeast U.S. Safety training requirements may be found at https://www.noaa.gov/organization/administration/nao-209-124-aviation-safety-policy.

Standards for EWS surveys are consistent with or exceed NOAA Administrative Order (NAO) 209-124 and include:

Scientific Party Training

All observers (and other members of the scientific party) who fly aboard NMFS Southeast Region (SER) funded whale survey aircraft shall comply with the following training requirements, and as outlined in Table 1 below:

1. Water Ditching and Safety & Survival Training, Every 5 Years: All observers shall have successfullly completed an approved in-person “water ditching and safety & survival training class” within the past 5 years. A listing of possible training vendors can be found on the EWS Google Drive under “Protocols” > “Aviation Safety Training.”

2. Annual Training: All observers shall have completed the following training activities within the past 1 year:

a. Complete “Aviation Safety and Survival” and “Aviation Health” training modules, available in the EWS Google Drive under “Protocols” > “Aviation Safety Training” > “Annual NOAA E-Learning Slides.”

b. View “Survival Kits: Rafts and Accessories” and “Surviving on Open Water” online training videos, available at https://www.faa.gov/pilots/training/airman_education/aircrewsurvivalvideos.

c. For observers members that have not completed “water ditching and safety & survival training” within the past 1 year, view the emergency aircraft ditching and egress video located on the EWS Google Drive under “Protocols” > “Aviation Safety Training.”

3. Confirmation of Training Completion and Currency: Each observer, including the team leader, shall sign a “training statement” confirming they have completed all required training within the prospective time required. The team leader shall compile and submit copies of signed training statements from all observers members to NOAA as follows:

a. For teams flying aboard non-NOAA aircraft, transmit via email to the NMFS Southeast Right Whale Coordinator, Kara Shervanick, at kara.shervanick@noaa.gov and cc nmfs.ser.rw.noaacorps@noaa.gov.

b. For teams flying aboard NOAA aircraft2, forward to NOAA AOC Programs Liaison.

2 AOC now collecting training records per AOC’s Policy 220-1-1, Aircraft Operations Center Flight Operations, paragraph 4.08. Policy available at https://www.omao.noaa.gov/sites/default/files/documents/AOC%20Ops%20Manual%20Feb%202012.pdf https://www.noaa.gov/organization/administration/nao-209-124-aviation-safety-policy mailto:kara.shervanick@noaa.gov mailto:nmfs.ser.rw.noaacorps@noaa.gov https://www.omao.noaa.gov/sites/default/files/documents/AOC%20Ops%20Manual%20Feb%202012.pdf

Table 1. Required observer training.

Safety Equipment

Each observer shall carry and maintain to industry standards the following Aviation Life Support Equipment (ALSE) in addition to that listed in NAO 209-124:

1. Whistle and Signal Mirror for Personal Flotation Device

2. Rescue Strobe Light

3. Rescue Signal Streamer or Sea Dye Marker

4. Safety knife

5. Leather Boots or Shoes (recommended)

6. Nomex or Other Flame-Resistent Flight Suit

Aircraft Related Items

Mode III Transponder Codes from EADS

The following information is needed at least two weeks prior to survey for NOAA to obtain Mode III Transponder Codes from the Eastern Air Defense Sector (EADS) for all aerial survey teams:

1. Aircraft type

2. Tail number(s)

3. Airfield used

4. Area of operation (previously we provided a northeast and southeast boundary)

5. Date and Time of operations

6. Point of contact(s) for each plane flying

Survey teams will request their own codes from EADS by emailing Joe Bassett, Assistant Air Defense Manager, at joseph.c.bassett.civ@navy.mil.

mailto:joseph.c.bassett.civ@navy.mil

FACSFACJAX Aerial Survey Coordination

1. If survey aircraft will be flying in a Navy operation area (Fig. 1), the aerial survey team must schedule airspace through the Fleet Area Control and Surveillance Facility, Jacksonville (FACSFACJAX) Scheduling Department. This is done by filing an “OPAREA Request Form” (Appendix 1).

a. Instructions for scheduling the airspace state: “Specify corner coordinates of aerial survey zone and request the airspace for the entire calving season.”

b. Obtain a current version of OPAREA Request Form from the NOAA right whale program personnel or Mr. Wright at randall.c.wright.ctr@navy.mil.

c. You will be requested to enter data in the following fields: Command (agency), Point-of-Contact, Event and Miscellaneous information. See example below.

2. Pilots and Team Leaders may receive weekly OPAREA schedules from Mr. Wright via e-mail sent to nmfs.ser.rw.airsked@noaa.gov. The OPAREA schedules will note your flights and you will be able to view Navy HOT AREAS and different events during your scheduled flight windows. Verify with NOAA right whale program personnel that you are added to the NMFS Airsked e-mail distribution list.

3. Any questions about the schedules can be directed to the FACSFACJAX schedules office at 904-542-3971.

Automated Flight Following

All survey aircraft will utilize Automated Flight Following to enable real-time online tracking of survey aircraft in order to enhance safety and effectiveness of survey operations. Survey teams will provide automated flight following information to kara.shervanick@noaa.gov and cc nmfs.ser.rw.noaacorps@noaa.gov prior to the start of the survey season. Instructions for Automated Flight Following can be found in the EWS protocols folder.

Data Overview

The primary types of data that survey teams will collect are (1) Survey Effort and Event Data, also referred to as survey effort and sighting data, and (2) Photo-Identification Data. Additional data will be collected during emergencies and other special events (e.g., entangled whales, whale/vessel interactions, and are described later in this document).

mailto:randall.c.wright.ctr@navy.mil mailto:nmfs.ser.rw.airsked@noaa.gov

Figure 1. Military OPAREAs that overlap with EWS aerial survey transect lines.

Survey Effort and Event Data: The Contractor shall generally adhere to data collection, formatting, and submission requirements for survey effort and event data consistent with the North Atlantic Right Whale Sightings Database (NARWSD)3,. However, final data collection and formatting requirements shall be determined by the needs of the Government and may vary from that of the NARWSD if requested and specified by NMFS within these protocols.

Photo-Identification Data: The Contractor shall generally adhere to data collection and formatting requirements for photo-identification data and photographs as specified by the North Atlantic Right Whale Catalog (NARWC) manager4. However, final data collection, formatting, and submission requirements for photo-identification data shall be determined by the needs of the Government and may vary from that of the NARWC if specified by NMFS.

Data Collection

1. Data shall be collected similarly between Southeast aerial survey teams using the SEFSC-generated AerialVis data entry program.

2. Airspeed. Surveys should be conducted at a target speed of 100 knots over ground.

3. On Track/Off Track. Specify “On Track” when observers are “On Watch” (both observers are looking for whales, and the plane is over water) and the aircraft wings are leveled (i.e., bank angle close to zero, wings parallel to the horizon). On Track effort is generally reserved for transects and transits longer than 10 nautical miles (nmi). Specify “Off Track” for all other occasions –including when an aerial survey team is transiting to a reported whale location (verification) or to provide support for a disentanglement operation. Crosslegs between transects are generally Off Track but may be included if the crossleg is at least 3 nmi long and all survey information is accurately recorded.

4. Trackline field. Record transect latitude (in degrees, minutes; e.g., 3059) when flying a designated east-west transect; transect abbreviation (e.g., C47) when flying a designated coastal transect; “X” during crosslegs between transects; “T” when transiting to/from the airport or a reported whale location; or “V” when searching for a previously reported whale.

5. Check and record environmental variables at 7-minute intervals (minimum) throughout the survey.

a. Sea state calibration. Sea state is an important environmental variable for some analyses of whale survey data, so it is important that sea state is recorded accurately and consistently among survey teams. As opportunities arise, when survey teams happen to be flying in close proximity to one another (e.g., flying in the same direction on adjacent transect lines), teams will discuss their sea state observations in real-time via aviation or marine radio to ensure observers are assessing sea state in a similar manner.

6. The following data shall be collected for each survey flown:

3 Robert D. Kenney, "The North Atlantic Right Whale Consortium Database: A Guide for Users and Contributors, Version 8” [or most recent version]. North Atlantic Right Whale Consortium Reference Document 2023-01.

October 2023. https://www.narwc.org/uploads/1/1/6/6/116623219/narwc_users_guide__v8_.pdf 4 New England Aquarium, "North Atlantic Right Whale Consortium Photographic Database/Catalog Submission, Version 9 (2023)” [or most recent version].

https://www.narwc.org/uploads/1/1/6/6/116623219/photographic_data_submission_final_dec_2023.pdf https://www.narwc.org/uploads/1/1/6/6/116623219/narwc_users_guide__v8_.pdf https://www.narwc.org/uploads/1/1/6/6/116623219/photographic_data_submission_final_dec_2023.pdf

a. Effort data (e.g. timed position coordinates, survey start and end, trackline start and end waypoints, environmental conditions affecting sightability of animals, etc.).

i. GPS positions should be recorded at least every 10 seconds

b. Number, location along the trackline, and exact location of large whales, including mother/calf pairs

c. Location along the trackline of leatherback sea turtles and manta rays

d. Location along the trackline of recreational vessels seen within 2 nmi of the trackline (if this doesn’t compromise detection of right whales).

e. Type, location along flight path of governmental vessels (i.e. vessels not typically tracked via AIS) within 2 nmi of the plane

f. Digital photographs to identify individual right whales (as whale behavior permits; photographs should be collected efficiently to maximize the area surveyed daily)

g. Incidents of human interactions with right whales, including “near-miss” circumstances between right whales and vessels and illegal close approaches to right whales (Whale-Vessel Interactions).

h. Incidents of entangled, dead, or out-of-habitat large whales.

i. Any commercial fishing gear that is not typically tended (distance from shore, gear type, spacing between, color)

7. Data shall be collected consistently between teams. That is, the same fields and formats shall be used by all teams using the same platform. Team leaders should coordinate between themselves to accomplish this, but final table and field format should be approved by the Southeast Right Whale Coordinator.

a. Time format. Use UTC (GMT) for aerial survey data submitted to FWC. NEAq may require photo-identification data be submitted in local time.

b. GPS format. Use decimal degrees.

Error-Checking Data

1. ALT Field. Use the data submission sheets to provide information on abnormal ALT field variables and the cause for the abnormalities. Specify if the abnormal readings are:

1) to fly over/under/around something, 2) the GPS unit malfunctioned (hopefully, this was caught in flight and you can indicate on the data submission sheet what altitude you were flying at), or 3) the pilots inadvertently flew too high or too low. Intentional, or accidental, deviations from the intended flight plan are not errors.

Data Storage and Submission

1. Survey teams shall implement data backup and recovery plans to ensure that physical and digital data are protected against accidental loss of user data, database corruption, hardware failure and natural disasters. Data backups should be performed regularly to ensure zero data loss. Data backups should be stored in secure locations.

2. Survey teams shall submit NARWSD data to Katie Jackson, Florida Fish and Wildlife Conservation Commission (FWC) at katharine.jackson@myfwc.com by the timeline mailto:katharine.jackson@myfwc.com specified in project documents (e.g., grant and contract scopes of work). NARWSD data files will be processed and compiled as follows:

a. Data from each survey day…