RFQ_EA133F-15-RQ-1431.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. Requisition Number

NFFM7220-15-01431

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

EA133F-15-RQ-1431 April 14, 2015

7. For Solicitation Information Call:

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

Amy.L.McLiverty@noaa.gov 757-441-3426 May 14, 2015 / 3:00PM

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: 541712 14. Method of Solicitation

Size Standard: 500 Employees X RFQ IFB RFP

15. Deliver To Code FM722073 16. Administered By Code

NORTHEAST FISHERIES SCIENCE CENTER

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

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 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE PAGE 2

SCHEDULE Continued Item No. Supplies/Services Quantity Unit Unit Price Amount

The Contractor shall provide Clam and Ocean Quahog Survey Vessel Charter services in accordance to the attached Statement of Work (SOW) Section 2.0.

0001 The Contractor shall provide Two (2) Day Staging and One (1) Day Destaging in accordance with SOW.

Period of Performance:

07/27/2015 through 09/30/2015

3 EA $______________ $______________

0002 The Contractor shall provide 15 days for Clam and Quahog Survey

15 DA $______________ $______________

0003 Option Quantity-Additional two (2) days to complete Clam and Quahog Survey

2 DA $______________ $______________

0004 Option Period 1-The Contractor shall provide two (2) Day Staging and One (1) Day Destaging in accordance with SOW.

Period of Performance:

07/27/2016 through 09/30/2016

3 EA $______________ $______________

0005 Option Period 1-The Contractor shall provide 15 days for Clam and Quahog Survey in accordance with SOW.

15 DA $______________ $______________

0006 Option Period 1-Option Quantity Additional two (2) days for Clam and Quahog Survey

2 DA $______________ $______________

0007 Option Period 2 The Contractor shall provide two (2) Day Staging and One (1) Day Destaging in accordance with SOW.

Period of Performance:

07/27/2017 through 09/30/2017

3 EA $______________ $______________

0008 Option Period 2-Option Quantity Additional ten (10) days for Clam and Quahog Survey

10 DA $______________ $______________

Section I Statement of Work

STATEMENT OF WORK

SURF CLAM AND OCEAN QUAHOG SURVEY VESSEL CHARTER

1.0 GENERAL

The Ecosystem Surveys Branch of the NOAA National Marine Fisheries Service (NMFS), 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 commercial vessel will be selected for conducting resource surveys (and associated experiments) up to 15 sea days annually for Base Period and Option One Period; and ten (10) days for Option Period Two.

The Base Period and Option One Period will include two (2) additional optional days during the period of performance. The estimated effort is described below:

Description Staging/Destaging Days

Survey Duration Option Quantity

Base Period 07/27/15-09/30/15 3 15 days Two (2) Days Option Period I 07/27/16-09/30/16 3 15 days Two (2) Days Option Period II 07/27/17-09/30/17 3 10 days N/A

The Option Period Two will be reserved for unfinished coverage and selectivity work that was not completed during the Base and Option One period of performance. The Base and Option periods shall allow for dockside staging and de-staging, if required by the operator. The staging, survey activity, and de-staging is expected to occur during the months of August or September of each option period with one (1) day dockside between each survey leg. The dockside days between five (5) day survey legs shall be of no charge.

During research operations, the selected vessel shall deploy a specific official commercial sized survey dredge (1 and 3/8” bar spacing) with a 150 inch 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 sized dredge (selectivity dredge) that shall be brought along for calibration and selectivity experiments and deployed concurrently by region (21 mm bar spacing). The catch will be transported across a vessel supplied shaker table (.75” spacing) and sorting conveyor where scientific personnel will sort the catch. The specimens selected for scientific data collection will be moved to a scientific van (modified 8’ X 20’ ISO container) installed onto 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 by the Scientific Party into an electronic recording database on the bridge.

2.0 SPECIFIC TASKS AND RESPONSIBILITIES

2.1 Period of Performance

The Base period of performance is July 27, 2015 through September 30, 2015. The NEFSC requires consecutive weeks in the early part of August of 2015 to complete the base period. The Government anticipates requiring the vessel to be available for staging for two (2) days prior to the start of each annual survey and one (1) day at the conclusion of each survey. The survey cruises will be planned to be conducted as three (3), five (5) sea day cruise legs for the first two years of a three year cycle. The Option Period Two shall be available in cases of inclement weather and/or vessel breakdowns cause effort to shift by region to later years. The planned area of operation will cover the normal distributional range of surf clams and ocean

RFQ EA133F-15-RQ-1431 Page 3 of 41 quahogs along the continental shelf from Virginia through Massachusetts including Georges Bank. One half of the distribution will be sampled in the Base Period and the second half of the resource will be sampled in Option Period One.

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 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.

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 to 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 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, on a mutually agreed date and location to inspect the vessel, install scientific equipment, and to meet with the vessel Master and owners. Any computers, software, shellfish gear, 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 (2) 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 specific industry supplied clam dredge. The location, speed (3.0 knots), 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 and/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.

RFQ EA133F-15-RQ-1431 Page 4 of 41

Vessels chartered by NOAA shall have as a minimum one (1) 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 of contract award, 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 vessel and its navigation.

2.3 Provisions

Three (3) meals per day (breakfast, lunch and dinner) shall be prepared by the vessel cook for seven (7) to nine (9) scientists plus the vessel crew. The meals shall include meat 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 (2) 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

RFQ EA133F-15-RQ-1431 Page 5 of 41 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. In the case for the clam survey, NOAA requires berthing for at least seven (7) scientists. Ideally, accommodation for nine (9) is preferable. 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.

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

RFQ EA133F-15-RQ-1431 Page 6 of 41

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 77 fathoms. In other words, the vessel is require to be able to deploy 155 fathoms of hose, hauser, and deployment cable to attain maximum depths of 77 fathoms on a subset of stations in the deepest strata set. 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 capable of carrying and towing two commercial sized clam dredges described in section 1.0 General.

A) The vessel shall have:

• Sufficient berth space and lavatory facilities (hot water shower, sink and toilet) for crew members and seven (7) to nine (9) scientific personnel;

• Mess facilities for concurrent seating of five (5) scientists

• Fuel and potable water capacity to operate continuously for six (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 (2) operational conventional and/or electronic compasses 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 (2) satellite navigation systems (DGPS) (each GPS must have a data ouput cable from the sensor for NOAA Fisheries data collection) o Two (2) 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 (2) 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 (2) 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:

RFQ EA133F-15-RQ-1431 Page 7 of 41 o Loran C unit o 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. The 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 (2) identified escape routes from all general areas. At least one (1) of the two (2) 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 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

RFQ EA133F-15-RQ-1431 Page 8 of 41 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.

3.6 Insurance

The Contractor shall at all times indemnify and save harmless the Government from and against all claims and demands, losses, costs, damages, actions, suits or other proceedings by whomever made, brought or presented in any manner based upon, occasioned by or attributed to the execution of these presents, or any action taken or things done or maintained by virtue hereof or the exercise in any manner of the rights arising hereunder, this provision to cover any loss or damage to the vessels, the crew thereof and all other vessels and persons.

a. Maintenance of Marine Insurance Coverage. The charter vessel operator shall carry insurance that is customary and reasonable (required minimum is $1,000,000 for each embarked soul) for the duration and area of operation of the charter to indemnify and save harmless the government in case of any damage or loss occurring either directly or indirectly as a result of the charter except to the extent that there is negligence on the part of the government. Vessel operators shall carry Protection and Indemnity (P&I) insurance that covers the vessel crew and NOAA- authorized complement. The expense for such insurance coverage shall be for the Contractor’s account and shall be deemed to be included in the hire payable under this contract.

Copies of the Insurance Policy shall be provided by the Contractor as technical information within the quote package as outlined in Section G.4. Copies of the Insurance Policy as required by the above specifications will be submitted to the COTR prior to the cruise to ensure that all criteria have been met.

b. Limitation of Charter’s Liability. Except as otherwise specifically provided herein, the Government shall not be liable for any loss, damage, expense, cost or liability whatsoever and howsoever incurred by the Contractor or vessels which is recoverable under any insurance carried by the Contractor or would have been recoverable under insurance required by Section B.6.a herein.

c. Notification to Government. Contractor shall to the maximum extent practicable, keep the Government, through Contracting Officer, currently informed in writing as to the potential vitiation, suspension, lapse, or termination of any vessels’ insurance policies as a consequence of this contract.

d. Government named Assured. The Government shall be named as an assured, with waiver of subrogation noted, under the vessels’ Hull and Machinery policy (and under the Increased Value policy if applicable), under the vessel’s P&I entry, under the Vessel Pollution policy, under the vessel’s War Risk Hull and Machinery policy including P&I. Copies of the Insurance Policy shall be provided by the Contractor as technical information within the bid package as outlined in Section G.4. Copies of the modified Insurance Policy as required by the above specifications will be submitted to the COTR prior to the cruise to ensure that all criteria have been met.

RFQ EA133F-15-RQ-1431 Page 9 of 41

SECTION II

CONTRACT TERMS AND CONDITIONS

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014)

WITH ALTERNATE 1 (MAY 2014)

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

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

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APRIL 2015)

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

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (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 (Jul 2013) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

XX (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

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

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] XX (14)(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).

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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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__ (iv) Alternate III (Oct 2014) of 52.219-9.

XX (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

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

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

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

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

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

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

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

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

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

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

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

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

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__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (44) 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).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

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

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record.