RFQ_(Clam_2013)_Final.pdf

25. Accounting and Appropriation Data 26. Total Award Amount (For Govt. Use Only)

X 27a. Solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 are attached. Addenda X are are not attached

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4. 52.212-5 is attached. Addenda are are not attached

X 28. Contractor is required to sign this document and return 1 copies to 29. Award of Contract: Reference. Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated . Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

30a. Signature of Offeror/Contractor 31a. United States of America (Signature of Contracting Officer)

30b. Name and Title of Signer (Type or Print) 30c. Date Signed 31b. Name of Contracting Officer (Type or Print) 31c. Date Signed

32a. Quantity in Column 21 Has Been

Received Inspected Accepted, and Conforms to the Contract, Except as Noted: ________________________

32b. Signature of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative

32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative

32g. E-mail of Authorized Government Representative

33. Ship Number 34. Voucher Number 35. Amount Verified Correct For

36. Payment 37. Check Number

Complete Partial Final

Partial Final

38. S/R Account Number 39. S/R Voucher Number 40. Paid By

41a. I certify this account is correct and proper for payment 42a. Received By (Print)

41b. Signature and Title of Certifying Officer 41c. Date 42b. Received At (Location)

42c. Date Rec'd (YY/MM/DD) 42d. Total Containers

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

1. Requisition Number

NFFM7220-13-01899

2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date

EA133F-13-RQ-0378 June 2, 2013

7. For Solicitation Information Call:

a. Name Kenneth Brumfiel b. Telephone Number (No collect calls) 8. Offer Due Date/Local Time

Kenneth.Brumfiel@noaa.gov 757-441-3433 June 20, 2013 / 4:00PM

9. Issued By Code AJ930073 10. This Acquisition is 11. Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

NOAA/EASTERN REGIONAL ACQUISITION

200 GRANBY STREET

SUITE 815

NORFOLK, VA 23510

Unrestricted

X Set-Aside 100 % for

X Small Business See Schedule

Emerging Small Business

HUBZone Small Business 13a. This contract is a rated order under DPAS (15 CFR 700)

Service-Disabled Veteran-Owned

8(a) 13b. Rating

NAICS: 114112 14. Method of Solicitation

Size Standard: $4 Million X RFQ IFB RFP

15. Deliver To Code FM722073 16. Administered By Code

ECOSYSTEMS SURVEYS BR /F/NEC22

NOAA/NMFS 166 WATER STREET

WOODS HOLE MA 02543-1026

17a. Contractor/Offeror Code Facility Code 18a. Payment Will Be Made By Code

Telephone No. TIN:

17b. Check if Remittance is Different and Put Such Address in Offer. 18b. Submit Invoices to Address Shown in Block 18a Unless Box Below is Checked.

See Addendum.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SCHEDULE Continued

Item No. Supplies/Services Quantity Unit Unit Price Amount

Page - 2

The Contractor shall provide the personnel and materials necessary to perform the following services in accordance to the attached Statement of Work

(SOW).

0001 The Contractor shall provide a Vessel for two staging and one destaging day at dock in accordance with paragraph 2.1 of the SOW.

3 DA $______________ $______________

0002 Option Quantity – The Contractor shall provide an additional staging or destaging day at dock in accordance with paragraphs 2.1 and 5.1 of the SOW.

(Up to 1 additional day).

1 DA $______________ $______________

0003 The Contractor shall provide Vessel for At Sea

24 hour operations including fuel costs in accordance with paragraph 2.1 of the SOW.

15 DA $______________ $______________

0004 Optional Quantity – The Contractor shall provide additional At-Sea-Days to complete the scientific mission (Up to 2 additional days) in accordance with paragraphs 2.1 and 5.2 of the SOW.

2 DA $______________ $______________

0005 Option Period 1 - The Contractor shall provide

Vessel for two staging and one destaging day at dock in accordance with paragraph 2.1 of the SOW.

3 DA $______________ $______________

0006 Option Period 1 - The Contractor shall provide an additional staging or destaging days at dock in accordance with paragraphs 2.1 and 5.1 of the SOW.

(Up to 1 additional day).

1 DA $______________ $______________

0007 Option Period 1 - The Contractor shall provide a

Vessel for At Sea 24 hour operations including fuel costs in accordance with paragraph 2.1 of the SOW.

15 DA $______________ $______________

0008 Option Period 1 - The Contractor shall provide additional At-Sea-Days to complete the scientific mission (Up to 2 additional days) in accordance with paragraphs 2.1 and 5.2 of the SOW.

2 DA $______________ $______________

SECTION I – PERFORMANCE WORK STATEMENT

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RFQ EA133F-13-RQ-0378

Statement of Work Surf Clam and Ocean Quahog Survey Vessel Charter

1.0 GENERAL

The Ecosystem Surveys Branch of the NOAA Fisheries Service, Northeast Fisheries Science Center (NEFSC) is seeking a charter vessel partner to participate in a priority resource survey of the surf clam and ocean quahog resources along the continental shelf from Virginia through Massachusetts including the U.S waters of Georges Bank.

A single vessel will be selected for conducting resource surveys (and associated experiments) up to 15 sea days annually with up to two additional option days in August or September 2013. Additional dockside periods for staging and for de-staging may be required by the operator. Staging, survey activity and de-staging is expected to occur during a period in August or September of each year with one day dockside between each survey leg. The survey will be subdivided into three 5 day legs with two staging days and one de-staging day.

During the research operations, the selected vessel shall deploy a specific commercial sized survey dredge up to 150 inches total width provided by industry during standardized 5-minute tows at specific locations provided by the scientific party. The Contractor shall provide a second commercial dredge shall be brought along for calibration and selectivity experiments. The catch will be transported across a vessel supplied shaker table and sorting conveyor where scientific personnel will sort the catch. Specimens selected for scientific data collection will be moved to a scientific van (modified 8’ X 20’ ISO container) on the deck of the vessel where biological data will be collected including lengths, shell height and meat weight data, and other biological data as required. Additional vessel related data including DGPS location, vessel speed, depth, wire and water hose deployed and pump pressure will be recorded.

2.0 SPECIFIC TASKS AND RESPONSIBILITIES

2.1 Period of Performance

The base period of performance is August 1, 2013 through September 30, 2013, but NOAA Fisheries is targeting consecutive weeks in the early part of August of 2013. The Government anticipates requiring the vessel to be available for staging for 2 days prior to the start of each annual survey and 1 day at the conclusion of the survey. Survey cruises will be planned to be conducted as three 5 sea day cruise legs. The planned area of operation will cover the normal distributional range of surf clams and ocean quahogs along the continental shelf from Virginia through Massachusetts including Georges Bank. This survey will target the residual geographic distribution from Eastern Mid-Atlantic and Georges Bank.

A staging day is defined as the vessel being made available for the installation and removal of scientific equipment, fishing gear and personal gear onto or off of the vessel. During staging days the vessel shall be moored at a pre-agreed upon docking facility with adequate access for trucks and cranes. The vessel shall be accessible for 12 hours daily from 0700 to 1900 (local time) with vessel crew available upon prior arrangement to assist the staging/de-staging operations.

The vessel shall be made available with full fuel tanks immediately prior to the beginning of the survey. The vessel shall submit invoices for subsequent fueling(s) that will be considered if an economic price adjustment is required for this contract. At the conclusion of the scientific operations, the vessel shall fill fuel tanks to their original condition (full). Due to variable fuel prices, the respondent should provide a daily charter offer exclusive of fuel costs. The vessel’s fuel tanks shall be topped-off at the beginning and end of each leg. The Government will not reimburse the vessel for the cost of fuel used during the trip as fuel cost shall be included in the daily rate.

A sea day is defined as the vessel being at sea away from its planned departure port, transiting to or from planned areas of operation, conducting scientific operations or laying too due to inclement weather or scientific equipment failures. Partial sea days will be prorated by quarter sea day increments (0:01 to 6:00 hours = 0.25 sea days, 6:01 to 12:00 = 0.50 sea days, 12:01 to 18:00 = 0.75 sea days, 18:01 to 24:00 = 1.0 sea

Page - 4 days). Counting of sea days will be suspended if scientific operations are suspended due to vessel equipment failure or the inability of the vessel and/or crew to carry out operations.

2.2 Cruise Operations

Prior to the commencement of the cruise, the vessel shall be made available to NEFSC and cooperating partners scientific staff, on a mutually agreed upon date and location, to inspect the vessel, install scientific equipment, and to meet with the vessel Master and owners. Any software, gear, nets and/or equipment installed on the vessel for the purpose of conducting the research cruise will be removed at the conclusion of the cruise.

The vessel must provide sufficient crew to support safe, 24-hour operations including at least two licensed operators, an engineer, a cook and vessel crew qualified to both conduct clam dredging operations and to support scientific operations. The vessel’s crew must be fluent in English. While at sea, the Master is responsible for operation of the vessel and the safety of the scientific staff and crew. The crew is responsible for operation of the vessel, fishing operations and assisting with processing of the catch. Any damage to the vessel and its gear which occurs during the cruise is the responsibility of the vessel. The NEFSC Chief Scientist will be in charge of the cruise track and directing scientific operations.

The vessel will conduct a standardized, 5 minute clam dredge tow at pre-determined locations contained in a cruise plan to be provided by the NEFSC in advance of the survey using an industry supplied clam dredge.

The location, direction, and distance of each tow will be precisely defined by the scientific party in order to complete the scientific objectives of the cruise. The order of station occupation will be determined by the Chief Scientist in conjunction with the vessel’s master to maximize efficiency and minimize steaming distance while taking other factors including weather, vessel traffic and other operational constraints into account. At the completion of the dredge tow, the catch will be deposited on the vessel, cleaned via a shaker and made available to personnel for data collection purposes.

Retention or sale of catch from survey tows will not be permitted. Scientific samples may be retained by the NEFSC and its cooperating scientific partners. Cruise Instructions and a Scientific Research Permit from the NOAA Fisheries Northeast Regional Administrator will be obtained by the Contracting Officer Representative (COR) and maintained onboard the vessel during the duration of the survey. Commercial fishing regulations will not apply to the vessel during the duration of survey activities and the vessel will be treated as a NOAA research vessel during the contract period. As a contracted vessel, it is not subject to restrictions of state versus federal waters for sampling. Appropriate permits will be made available to the Master of the vessel by NOAA Fisheries.

Vessels chartered by NOAA shall have as a minimum one of each chart that covers the vessels’ area of operation corrected through the most current Notice to Mariners. Vessels shall also carry copies of the U.S.

Coast Pilot, local tide and tidal current tables in covered areas, and Inland Navigation Rules and International Rules of the Road. Vessels may choose to use USCG approved, up-to-date, electronic charts and publications in lieu of paper charts. If relying on electronic charts, the vessel shall have on board a set of paper charts necessary to navigate safely to a port near the vessel’s area of operation.

In addition the vessel shall utilize and maintain a deck log and/or computer software that provide a record of the vessel’s location, operations, operating conditions and any vessel related significant events. These charts, logs and software output(s) shall be made available upon request of the Chief Scientist. The Master shall provide access to scientific personnel of GPS location data, vessel speed, RPM and other available operational data during scientific operations, either by recording or electronically logging these data. At the time the quote is submitted, the vessel owner shall provide a signed waiver agreeing to the release of all data collected during the cruise.

Nothing herein contained shall be construed as creating demise of the vessel to the Government. The Contractor under this contract shall retain complete and exclusive possession and control of the vessels and their navigation.

2.3 Provisions

Page - 5

Three meals per day (breakfast, lunch and dinner) shall be prepared by the vessel cook for 7 - 9 scientists plus the vessel crew. Meats shall be included at each meal along with vegetables, dessert and/or fruit. Milk, coffee, tea, water, cold juice, soft drinks and snacks shall be available at all times. Meals, in unregulated quantities, shall be prepared for all members of the scientific crew during each day of vessel operations under this contract.

2.4 Emergency Medical Care, Safety and Health

a. Medical Services. The Contractor shall provide a qualified Emergency Medical Technician (EMT) holding current National certification (preferred) or at least two crewmembers trained in advanced first aid, CPR and automated external defibrillator (AED) use while underway for the duration of the contract. The medical person in charge is responsible to the Master for health of crewmembers and Scientific Field Party personnel including emergency and routine care, preventative medicine and medical administration. The medical person in charge shall assist the Master in developing plans and procedures for dealing with medical emergencies, including obtaining shore side medical advice/assistance and designating and training other shipboard personnel to provide assistance in emergencies.

b. Medical Provisions. The Contracted vessel shall be outfitted with a current first aid manual, complete first aid kit and automated external defibrillator (AED). The Contractor shall provide a designated area to accommodate first aid treatment, medical equipment and other medical provisions. The Contractor shall establish adequate and reasonable controls and procedures for the custody and safekeeping of all medical supplies, equipment and controlled medical substances.

c. Medical Records. The Contractor shall maintain medical records aboard the vessel for Scientific Field Party personnel containing a minimum medical history and on-board treatment records. The confidentiality of these records shall be protected in accordance with Privacy Act provisions.

d. Hazardous Materials. The Contractor shall maintain a current library of Material Safety Data Sheets (MSDS) for all hazardous materials aboard the vessels and shall make them readily available to all personnel on board. The Field Party Chief will provide the Contractor with a current copy of an MSDS for any/all hazardous materials brought onboard the vessel by the Scientific Field Party. The Field Party Chief will be responsible for the removal of all hazardous materials not consumed during scientific operations and for the removal of all hazardous materials, if any, generated by the Scientific Field Party. The Government will provide the personal protective equipment required for the safe handling of those hazardous materials brought onboard by the Scientific Field Party. The Contractor is responsible for the compliance with all applicable environmental, health and safety laws and regulations pertaining to shipboard operations, including the use of hazardous materials, and the treatment, storage and disposal of hazardous materials (if any) generated by the vessel. It is not anticipated at this time that any hazardous materials will be brought on board. However, if this changes, arrangements will be made with the Master to accommodate the above requirements. Additional safety requirements such as a portable emergency eye wash station will be provided by the Government.

These arrangements will be made in cooperation with the Master

2.5 Living and Working Conditions for Scientific Personnel

Accommodations.

All vessels chartered by NOAA shall be outfitted with accommodations for NOAA-authorized personnel at least equivalent to that which is minimally required for crew members and in keeping with good marine practice. For overnight cruises, as a minimum, an individual bunk and locker shall be provided for each NOAA-authorized person unless mutually agreed upon arrangements are made between NOAA-authorized personnel and the vessel operator. An adequate number of staterooms, heads and showers shall be provided to accommodate gender differences and total number of persons aboard to the extent possible. All living and working spaces, including galleys, mess rooms, heads, showers, berthing spaces, passageways, lounges, recreation areas, store rooms, and laboratory spaces, shall be free of pests and vermin and shall be maintained in a clean and sanitary condition for the duration of the charter.

Page - 6

The vessel shall have ship service electrical, potable water, ventilation, heating or cooling, marine sanitation, and pollution control equipment of sufficient capacity to support NOAA-authorized personnel and mission-related equipment and activities. All ship service systems, ship equipment, and vital systems, shall be operational and maintained in good working order for the duration of the charter.

a. Liquor or Illegal Drugs. During the charter period, the possession or use of intoxicating liquor and or illegal drugs by any person, aboard the vessels, is not permitted and may be grounds for termination of the Contract by the Government. The Contractor shall comply with all the requirements of 46 CFR Part 16 for chemical Tests for dangerous drugs and alcohol.

b. Firearms. During the charter period, all firearms, should any be onboard, shall be kept under lock and key by the Master.

c. Smoking. Smoking shall be prohibited in all interior spaces occupied by or utilized by the Scientific Field Party. Smoking on deck shall be in designated areas only.

d. Professional Work and Living Environment. The vessel crew and participating scientists shall jointly promote a professional work and living environment free of sexism, racism, bigotry, pornography and other activities normally not tolerated in a professional work environment.

2.6 Passengers

The Contractor shall not permit any passengers to be transported aboard either vessel for any reason without specific approval of the COR. This restriction applies to Government employees, Contractor’s employees who are not crewmembers, Scientific Field Party personnel not assigned and the general public.

2.7 Security

The vessels shall provide a security watch while in port to ensure that unauthorized personnel are not permitted to board the vessels from shore or via the harbor. Emergency phone numbers for local port officials and law enforcement shall be available to the person on watch. Best marine practices shall be in place while underway to ensure that unauthorized personnel or craft are not permitted to approach the vessel. The Master of each vessel shall take all additional customary and reasonable precautions to ensure that no harm befalls the vessel while in port and at sea.

3.0 VESSEL REQUIREMENTS

3.1 Minimum Vessel and Gear Specifications

The vessel and gear must be capable of safely conducting clam dredge tows along the continental shelf in waters ranging for 5 to 80 fathoms. The vessel crew must be knowledgeable and experienced with fishing for surf clams and ocean quahogs in the region described and with conditions in the target sampling area. The vessel must be carry and be capable of towing two commercial sized clam gear described of the description in section 1.0 General.

The vessel must have:

Sufficient berth space and lavatory facilities (hot water shower, sink and toilet) for crew members and 8 to 9 scientific personnel;

Mess facilities for concurrent seating of 5 scientists Fuel and potable water capacity to operate continuously for 6 sea days;

Adequate deck space to accommodate a scientific van (analogous in size to a 8’ X 20’ ISO container) containing scientific equipment Equipment to monitor vessel speed, direction, bearing and water depth including o Two operational conventional and/or electronic compasses

Page - 7 o An echo-sounder capable of accurately determining the water depth throughout the survey area (each sounder must have a data output cable available for NOAA –Fisheries data collection) o Sensors should be service and calibrated prior to the survey Navigation equipment to include:

o Two satellite navigation systems (DGPS) (each GPS must have a data output cable from the sensor for NOAA Fisheries data collection) o at least two radar units Communications Equipment to include:

o A VHF radio o A UHF radio o Cellular phone o Email capability to a distance of 100 nm offshore (How far from shore?)

Freezer storage for the exclusive use for storage of scientific samples (minimum 20 cubic feet; not collocated with frozen food stores)

Safety equipment to include:

o A minimum of two EPIRBs o Survival suits for each of the vessel’s crew and master o Life rafts sufficient to accommodate both the vessel’s crew and 10 embarked scientists

Fishing equipment capabilities o Equipment to safely deploy two clam dredge up to 150 inches wide o Free spooling winches for deployment of gear o A conveyor belt system for moving the catch from port and starboard hoppers across a shaker table an onto a sorting belt

Desirable equipment includes:

Loran C unit Fax machine

3.2 Safety

All U.S. flag vessels chartered by NOAA shall have and shall maintain for the duration of the charter a current Certificate of Inspection, valid for the vessel’s intended service, or a fishing vessel safety decal issued by the USCG as applicable. The vessels shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations, Part 28. The vessels shall be outfitted with personal floatation devices and survival craft of sufficient number and capacity to accommodate all on board including visiting scientific party and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. Survival suits for the ship’s crew must be provided by the Contractor; the scientific party will provide their own survival suits. The Government reserves the right to inspect the vessels for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the charter. A pre-cruise orientation meeting aboard each vessel shall be conducted for the scientists and crew regarding the vessel’s safety, firefighting and lifesaving capabilities assigned responsibilities and procedures.

Means of escape. Aboard all vessels chartered by NOAA there shall be two identified escape routes from all general areas. At least one of these two means shall be independent of watertight hatches and doors, except for quick acting watertight hatches and doors giving final access to weather decks.

Fire protection. All vessels chartered by NOAA shall have in place fully functional fire protection systems and equipment, such as portable and semi-portable fire extinguishers, fire pumps, fire mains, fixed gas extinguishing systems, and fire detection and alarm systems in accordance with USCG or SOLAS requirements.

If vessels under charter to NOAA experience a significant event during a cruise that may affect the safety of the vessel (e.g. a breach of watertight integrity, fire or significant equipment failure), or a significant safety related condition is noted, a re-inspection will be conducted at the earliest opportunity. If repairs are

Page - 8 necessary, the re-inspection will be conducted after repairs have been completed but prior to proceeding with the cruise. The local USCG Marine Safety Office will be requested to conduct the re-inspection under the Memorandum of Understanding between NOAA and the USCG. Costs associated with repairs and the re-inspection shall be responsibility of the vessel owner and may not be added to the cost of the vessel charter.

3.3 Stability

The vessel shall have, as a minimum, a Stability Letter that reflects the vessel’s current configuration and intended service, signed by a qualified individual (a recognized naval architect or naval architecture firm having been trained in and having experience in matters of stability calculations) certifying that the vessel meets intact stability requirements, taking into account the loading, over-the-side lifting, and at-sea conditions under which the vessel will reasonably be expected to operate during the charter. The stability letter shall contain instructions and guidance for the vessel’s operating personnel intended to maintain satisfactory vessel stability and shall include information regarding loading constraints and operating restrictions under varying conditions. The vessel shall be operated in accordance with the conditions identified in the Stability Letter.

3.4 Material Condition, Structural and Watertight Integrity

The Contractor shall provide one or more of the following, reflecting the vessels current configuration, as evidence of the vessel being maintained in a seaworthy condition: evidence of a dry docking survey, or underwater survey in lieu of dry docking, and an internal structural examination within the two years prior to the initiation of the cruise; or proof of satisfactorily passing an inspection completed by the Contractors marine insurance carrier within one year of initiation of the cruise. The Government reserves the right to inspect the vessel’s material condition with respect to maintenance of vital systems, vessel configuration, and watertight integrity prior to award and commencement of the charter.

3.5 Regulatory Compliance

The vessel shall be outfitted, operated and maintained to meet all applicable federal, state and local environmental, health, safety and pollution control regulations. The Contractor shall have on board during the currency of this contract all certificates, records and other documents required by applicable laws and regulation including a Certificate of Financial Responsibility meeting requirements of the U.S. Coast Guard.

Vessel must not have any current operator or vessel permit sanctions.

4.0 CONTRACT DATA REQUIREMENTS AND DELIVERABLES

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

Item Description Quantity Due Date Delivery to Reference 0001 Vessel Characteristics 1 EA With Quote/

Validated again 30 days prior to the start of Option Period 1

CO SOW, Para 4.0

0002 Insurance and Inspection Verification

1 EA With Quote/ Validated again 30 days prior to the start of Option Period 1

CO/COR SOW, Para 3.2, 3.4, 3.6, 4.0

0003 Data Waiver 1 EA With Quote/ Re- Validated again 30 days prior to the start of Option

CO SOW, Para 2.2, 4.0

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Period 1 0004 Stability Letter, if applicable 1 EA With Quote/ Re-

Validated again 30 days prior to the start of Option Period 1

CO SOW, Para 3.3, 4.0

5.0 OPTION ITEMS

5.1 Option Quantity – Additional Day Staging/Destaging Dockside (CLIN 0002 & CLIN 0006)

(a) The Government may require the Contractor to provide one additional day during contract performance period. The Contractor shall provide services and equipment in accordance with the terms and conditions as stated for the base services as stated in the SOW. Prices for the optional day are provided in the contract schedule under Contract Line Item Number CLIN 0002 and CLIN 0006. If the Government exercises the option item it will be at the Government’s unilateral option and direction. The contracting Officer may exercise this option at any time during the period of performance.

5.2 Option Quantity – Additional Days At-Sea Operations (CLIN 0004 & CLIN 0008)

(a) The Government may require the Contractor to provide up to two additional days during contract performance period. The Contractor shall provide services and equipment in accordance with the terms and conditions as stated for the base services as stated in the SOW. Prices for optional day(s) are provided in the contract schedule under Contract Line Item Number CLIN 0004 and CLIN 0008. If the Government exercises the option item it will be at the Government’s unilateral option and direction. The contracting Officer may exercise this option at any time during the period of performance.

SECTION II – CONTRACT TERMS AND CONDITIONS

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RFQ EA133F-13-RQ-0378

1. Federal Acquistion Regulation (FAR) 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL ITEMS (FEB 2012)

(Incorporated by reference: Available at https://www.acquisition.gov/far/)

2. FAR 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 address: https://www.acquisition.gov/far/

(End Clause)

3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on SubContractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub.

L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(FEB 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] XX (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

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RFQ EA133F-13-RQ-0378

__ (iv) Alternate III (Jul 2010) of 52.219-9.

XX (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

XX (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

XX (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C.

632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)

(E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

XX (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (FEB 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)

(31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration

(May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

XX (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-

247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subContractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

4. Commerce Acquistion Regulation (CAR) 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)

5. CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR)(Apr 2010)

(a) Russell Brown 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 a unilateral modification to the contract. The COR is located at:

NOAA Fisheries Service Ecosystems Surveys Branch 166 Water Street Woods Hole, MA 02540

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Russell.Brown@noaa.gov 508-495-2233

(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)

6. FAR 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 15 days prior to expiration of the current contract period.

(End of clause)

7. FAR 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 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 13 months.

(End of clause)

8. FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause)

9. FAR 52.216-4 ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (JAN 1997)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the unit prices for material to be used in providing the vessel charter services shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final

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payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (c) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (b) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the unit prices of material to be used in providing the vessel charter services shown in the Schedule results in an adjustment allowable under paragraph (d)(3) of this clause. The Contracting Officer shall modify this contract:

(1) To include the price adjustment and its effective date and

(2) To revise the unit prices of…