RFQ_EA133F-16-RQ-1822-NOAA_EM.pdf

U.S. Department of Commerce National Oceanic and Atmospheric Administration

Eastern Acquisition Division 200 Granby Street, Suite 815

Norfolk, VA 23510

REQUEST FOR QUOTE

EA133F-16-RQ-1822

National Marine Fisheries Service (NMFS) Herring and Mackerel Fishery Electronic

Monitoring (EM) http://www.noaa.gov/

TABLE OF CONTENTS

Section Title Part I—The Schedule A Solicitation/contract form 1-3 B Supplies or services and prices/costs 4 C Description/specifications/statement of work 5-15 D Packaging and Marking 16 E Inspection and Acceptance 17 F Deliveries 18 G Contract Administration Data 19-20 H Special Contract Requirements 21 Part II—Contract Clauses I Contract clauses 22-40 Part III—List of Documents, Exhibits, and Other Attachments J List of attachments 41 Part IV—Representations and Instructions K Representations, certifications, and other statements of offerors or respondents 42-58 L Instructions, conditions, and notices to offerors or respondents 59-61 M Evaluation factors for award 62-63

SECTION A – SF 1449

EA133F-16-RQ-1822 Page 1 of 63 Herring and Mackerel Fishery Electronic Monitoring (EM) Services

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 2/2012)

PREVIOUS EDITION IS NOT USABLE 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

NFFM7231-16-01822

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

EA133R-16-RQ-1822

6. SOLICITATION

ISSUE DATE

MAY 09, 2016

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Amy McLiverty

b. TELEPHONE NUMBER (no collect calls)

(757) 441-3426

8. OFFER DUE DATE/

LOCAL TIME

MAY 23, 2016

12:00 PM EST

9. ISSUED BY CODE AJ930073

National Oceanic and Atmospheric Administration Eastern Acquisition Division 200 Granby Street, Suite 815 Norfolk, VA 23510

E-mail: Amy.L.McLiverty@noaa.gov

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: ___ %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN- OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS EDWOSB 541620

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) $15M

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING DO-A3

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Department of Commerce NOAA Finance Office, Room 1204 20020 Century Blvd Germantown, MD 20874

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM (SECTION G)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Reference Section B, Pricing Schedule.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO 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.

29. AWARD OF CONTRACT: REFERENCE

OFFER 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 (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED mailto:Amy.L.McLiverty@noaa.gov

SECTION A – SF 1449

EA133F-16-RQ-1822 Page 2 of 63 Herring and Mackerel Fishery Electronic Monitoring (EM) Services

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

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

42 a. 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) BACK

EA133F-16-RQ-1822 Page 3 of 63 Herring and Mackerel Fishery Electronic Monitoring (EM) Services

SECTION A – CONTINUATION OF SF 1449

(1) Block 17a: Contractor shall include its DUNS number.

(2) Block 17b: REMITTANCE ADDRESS. Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award Contractor must be registered in the SAM, which is available at: https://www.sam.gov

(3) Block 19 through 24: See Section B, Pricing Schedule.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA, This information will be included on the resulting contract award document and individual delivery orders.

END SECTION A

EA133F-16-RQ-1822 Page 4 of 63

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Base Period: Award Date through Sixteen Months thereafter Contract Line Item Number

Product Description Quantity Unit of Issue

Unit Price Extended Price

0001 The Contractor shall provide Herring and Mackerel Fishery Electronic Monitoring (EM) as provided in Section C, SOW)

16 MO $ $

Total $ $

END OF SECTION B

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SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Department Of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA)

National Marine Fisheries Service (NMFS) Northeast Fisheries Science Center (NEFSC)

Herring and Mackerel Fishery Electronic Monitoring Statement of Work

C.1.0 GENERAL

The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) is seeking a Contractor to provide and install Electronic Monitoring (EM) units (video cameras and sensors) on up to twelve (12) commercial fishing vessels. The Contractor shall be responsible for the installation of equipment, uninstalling of equipment, equipment maintenance, field support, meeting with industry members, stakeholders, and the NMFS personnel, conducting outreach, video review, and analysis and report writing. The Contractor personnel will be working under the guidance of NMFS staff. The Contractor shall provide initial advice and training on processing the video and sensor data. The processing and data annotation of the electronic data will primarily be the responsibility of the Contractor; however, NMFS may assist or audit the data as needed. All data collected will be the property of the Government. The Contractor shall work with NMFS staff to evaluate the effectiveness of EM in the Atlantic herring and mackerel mid-water trawl fisheries.

The base period will be (16) months and will include project start-up, data collection, and data analysis and report writing periods. The project is expected to begin in late spring or early summer of 2016 with the goals of installing EM systems on herring and mackerel midwater trawl vessels, refining technical specifications (Section J, Attachment 1, Electronic Monitoring Equipment Specifications) specific to the herring and mackerel midwater trawl fisheries, refining data elements to be contained in the EM summary report (Section J, Attachment 2, Electronic Monitoring Data File Technical Specifications) and determining roles and responsibilities of the various program entities. The NMFS will use this information to simulate EM implementation on the fleet. The project would continue to build on best practices learned throughout the data collection period by refining fishery-wide implementation requirements.

EM is not approved in Northeast fisheries as a monitoring tool. The goal of this study is not to approve EM in the northeast, but rather determine the utility of EM for use in the Atlantic herring and mackerel midwater trawl fisheries. The information gained through this study will help inform the New England and Mid-Atlantic Fishery Management Councils (the Councils) and NMFS in the approval and implementation processes.

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C.2.0 BACKGROUND

C.2.1 Overview

DOC/NOAA/NMFS is the Government agency responsible for monitoring and managing Federal fisheries. Within the NEFSC, the Fisheries and Ecosystems Monitoring and Analysis Division (FEMAD), Fisheries Sampling Branch (FSB) is responsible for monitoring and observing fishing in the Northeast and mid-Atlantic U.S. The FSB collects, processes, manages, and provides fishery dependent data and biological samples obtained from fishing vessels.

Collection of these data is mandated or otherwise needed for management under the Magnuson- Stevens Fishery Conservation and Management Act, the Marine Mammal Protection Act, the Atlantic Tuna Convention Act, and the Endangered Species Act. The branch staff and observers under contract perform at-sea operations aboard commercial vessels to collect information on fishing operations, fishing effort, catch, including by-catch and discard information, economic data and vessel efficiency, and biological samples of landed catch and discard. The Greater Atlantic Regional Fisheries Office (GARFO) will receive and review EM summary data to conduct data analysis and comparisons with other data sources where applicable. Data review will support the development of improved fishery monitoring through the use of EM.

EM is being considered as a tool for catch monitoring and reporting compliance in fisheries around the world. Nationally there are several EM initiatives and programs, but implementation in the Northeast has been limited. As part of the Greater Atlantic Region’s Electronic Technology (ET) Implementation Plan, the Councils and NMFS are considering implementation of EM in the Atlantic herring and mackerel midwater trawl fisheries to improve catch monitoring and accountability. This project builds off of the recommendations and action items from the following completed projects and current initiatives:

• National EM Workshop, January 2014, GARFO and the NEFSC, in collaboration with The Nature Conservancy (TNC), hosted a two (2) day workshop in May 2014 for the purpose of developing a shared strategy of implementing EM.

• The NEFSC completed the final phase of its New England Electronic Monitoring Project in 2013 and published the final report in August 2014. This project yielded initial technical specifications and onboard configurations for EM systems, catch handling protocols, methods for weight estimation, and other best practices for a groundfish EM program.

• TNC, the Gulf of Maine Research Institute, the Maine Coast Community Sector, and Ecotrust Canada, have collaborated with GARFO and NEFSC, to operationalize an EM program in the groundfish fishery. The final project goal is to develop standards, process, and analysis to support the use of EM in lieu of At-Sea Monitors (ASMs) in the New England multispecies fishery and implement an operational program in May 2016.

This study would deploy EM on midwater trawl vessels actively participating in the Atlantic herring and mackerel fisheries with the purpose of improving catch accounting. This project is consistent with the objectives of the Councils to improve monitoring and to address bycatch in these fisheries. The Atlantic herring and mackerel midwater trawl fisheries have limited discarding because the contents of the net are pumped directly into the hold of the vessel.

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Therefore, the operation of these fisheries lends itself to using EM to verify that all catch are retained and brought to port where catch is sampled under an existing portside monitoring program.

EM may be an applicable monitoring tool for a certain portion of the fleet in lieu of human observers or monitors, depending on the monitoring goals specified. The agency has learned from pilot studies the requirements needed to make an EM program work at-sea (e.g., catch handling protocols, technical specifications). However, operations in different fisheries vary widely, and there are still many outstanding questions we need to address to fully implement EM in the Atlantic herring and mackerel midwater trawl fisheries.

This statement of work describes an EM project to be designed for and deployed on the commercial midwater trawl vessels operating off the coasts of Maine, Massachusetts, Rhode Island, and New Jersey. The midwater trawl herring and mackerel fishery is made up of 10-12 vessels. The vessels engaged in the fishery range in length from 81.1 feet to 141 feet and trip duration ranges from 3.2 days to 4.5 days. Between 2.4 and 4 hauls are made per trip, with an average estimated catch (kept and discarded) of 160,000 lbs. per haul.

C.2.2 Atlantic herring and mackerel midwater trawl fisheries

The New England and Mid-Atlantic Councils have been interested in increasing monitoring in the herring and mackerel fisheries for the past several years. GARFO and the NEFSC are working with the Councils to develop industry-funded monitoring in all New England and Mid- Atlantic fisheries. A particular interest in this amendment is increasing monitoring for the Atlantic herring and mackerel midwater trawl fisheries due to concerns about bycatch of groundfish (mainly haddock) and river herring and shad, as well as accurate accounting of Atlantic herring catch. While the Councils are considering options for at-sea observer and monitor programs, these types of programs are expensive and may not be the most cost-effective way to increase monitoring in fisheries that retain and land the majority of their catch, like the Atlantic herring and mackerel midwater trawl fisheries. For these reasons, there is strong stakeholder support, including the commercial fishing industry and environmental advocates, to establish an efficient and cost effective EM and portside sampling program for the midwater trawl fisheries. This EM project would facilitate development and implementation of the Industry-Funded Monitoring (IFM) Omnibus Amendment by testing and refining an EM monitoring program for the Atlantic herring and mackerel midwater trawl fisheries.

C.3.0 OBJECTIVES

GARFO and the NEFSC are proposing to simulate an operational EM program in the Atlantic herring and mackerel midwater trawl fisheries to support the Councils’ objectives to improve monitoring and catch accountability in these fisheries. This EM project would test and refine an EM monitoring program for the Atlantic herring and mackerel midwater trawl fisheries. The NMFS and the Councils could use the information generated from this project to finalize implementation of an EM program for the Atlantic herring and mackerel fisheries if adopted through the IFM Amendment. Through this project, NMFS intends to meet the following project goals:

EA133F-16-RQ-1822 Page 8 of 63

• Develop EM program requirements;

• Develop data program and EM service provider performance standards;

• Establish roles and responsibilities for the industry, service providers, and NMFS;

• Explore and detail how EM data collected in this project could be integrated into other reporting requirements; and

• Provide information to finalize fishery-wide implementation requirements.

Participating vessels will be subject to EM monitoring and may occasionally and simultaneously carry NMFS-approved observers (under existing observer deployment regulatory requirements and procedures). This will allow vessel captains, the service provider, and NMFS to develop and test EM program operations while maintaining the integrity of existing data streams critical for science and management. This information will assist in the development of EM program requirements and EM performance standards to be determined by NMFS and the Councils. To achieve these objectives, NMFS has identified the following Contractor specific project deliverables:

• Installation and deployment of EM systems on up to twelve (12) Atlantic herring midwater trawl vessels;

• Develop local infrastructure for vessel and program support;

• Develop Vessel Monitoring Plans (VMPs) and establish standards and procedures for approving VMPs and equipment installations (due two (2) months after award of contract);

• Use EM to monitor fishing activity to determine if there are discards on herring and mackerel trips;

• Review sensor and video and data; and

• Work with NMFS to review program performance for refinement.

These deliverables are one-time investments to set up the necessary infrastructure and program design to simulate a fully operational program. The goal of this project is to build the necessary program requirements to allow NMFS to use EM data for management and science and management in the Atlantic herring and mackerel midwater trawl fisheries. This project will also clarify the industry investments and costs for EM. Additionally, the project will allow NMFS, service providers, and the industry to identify improvements and innovations, such as data transfer, review, and storage.

C.4. SERVICE REQUIREMENTS

C.4.1 Deliverables

C.4.1.1 Deliverable 1-Project Setup-a two (2) month period (initiated at contract award) involving the service requirements described in Sections 4.2 (Project Outreach), 4.3 (EM Units to be Supplied), 4.4 (Installation, Servicing of EM Units Aboard Vessels, and Field and Project Support) and 4.5 (Data Analysis). The activities provided in Section 4.4 relevant to this Deliverable are specifically related to establishing local capacity and infrastructure to provide and support field services. The activities in Section 4.5 relevant to this Deliverable

EA133F-16-RQ-1822 Page 9 of 63 include development of a project plan. Other activities include clarifying project roles and responsibilities and formulizing the project team.

C.4.1.2-Deliverable 2- EM Operation and Data Collection-a twelve (12) month period (initiated two (2) months post contract award) involving the Service Requirements described in Sections 4.4 (Installation, Servicing of EM Units Aboard Vessels, and Field and Project Support), 4.5 (Data Analysis), and 4.6 (Removal of EM units from all fishing vessels).

C.4.1.3 Deliverable 3-Analysis and Reporting; two (2) month period (initiated fourteen (14) months post contract award) involving the Service Requirements described in Section 4.7 (Final Report).

C.4.2 Project Outreach

C.4.2.1 The Contractor shall participate in regular outreach at the dock with study participants during equipment installations, data retrievals, equipment service events, or as required. Frequent and consistent communication with study participants will help build a good working relationship, reinforcement commitment (study participant and Contractor), and will serve to address any outstanding questions or concerns the vessels may have. The Contractor and NMFS will also use these opportunities to describe project goals, provide feedback on crew performance, and convey study results. Outreach will be conducted in this manner to limit interference with vessel fishing operations and to promote study participation and data quality. The Contractor will track all vessel visits and document the purpose of each event in a vessel service tracking sheet, which will be accessible to NMFS.

C.4.2.2 The Contractor shall also participate in occasional industry outreach meetings with NMFS staff, study participants, industry members and other stakeholders throughout the course of the contract (maximum of three (3)). The meetings will be lead, organized, and scheduled by NMFS. Outreach may include an equipment demonstration component. Travel may be required for attendance. The meetings may take place at vessel ports, NMFS Regional Office or Northeast Fisheries Science Center (NEFSC) (Massachusetts).

C.4.2.3 The Contractor shall engage in regular communication (every two (2) weeks or more frequently as required) with NOAA Fisheries staff (in person or by conference call) to review monitoring objectives, data requirements, project plans, project deliverables, project spending and budget plans (quarterly), and staffing and resources.

C.4.2.4 The Contractor shall assist NMFS in outreach events to solicit project participation.

In an effort to help solicit participation, the Contractor shall develop and provide to NMFS a reference sheet outlining vessel power requirements and basic operations of an EM system.

Outreach may include an equipment demonstration component. The Contractor shall provide a detailed schematic design of their EM system and its components in their quote and as part of their reference sheet.

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C.4.2.5 Any communication the Contractor engages in with the industry must be within the scope of this contract and must be approved by the Contracting Officer Technical Representative (COTR).

C.4.2.6 Any information or formal agreements the Contractor provides to study participants shall also be provided to NMFS.

C.4.3 EM Units to be supplied

The Contractor shall provide up to twelve (12) leased EM units necessary to provide at-sea coverage on the herring and mackerel midwater trawl fleet. The Contractor shall also have adequate spare or back-up equipment available locally in case of a system failure or equipment malfunction. The study participants shall be determined by NMFS. The EM units supplied by the Contractor shall meet or exceed the technical requirements defined in the Electronic Monitoring Equipment Specifications (Section J, Attachment 1, Electronic Monitoring Equipment Specifications) developed by NEFSC.

At the end of the contract for this project, the Contractor may transfer the lease or ownership of EM equipment to the vessel at the discretion of the vessel owner.

C.4.4 Installation, servicing of EM units aboard vessels, and field and project support

Prior to commencement of the active data collection component of the project, the Contractor shall set up local capacity to install equipment and provide field support to study participants.

The field support shall include; equipment installation, equipment or system troubleshooting, data retrievals (by means of in-person retrieval or postal mailing), and equipment removal. The Contractor shall provide local service technicians who are capable of providing all servicing events and needs for twelve (12) participating vessels. The data retrievals shall occur after each trip and will take place no more than twenty-four (24) hours after trip landing. The Contractor shall also reserve or set up local storage or office space to store spare or back-up EM system units and parts as needed. In addition, the Contractor shall set up a twenty-four (24) hour servicing hotline to address any vessel servicing needs seven (7) days a week. The Contractor shall present a formal plan on servicing, local capacity, and response time to address any equipment issues in their quote.

The Contractor shall create and maintain a field service tracking log to include all installations, service events, data retrievals, equipment or system troubleshooting and equipment removals. If equipment servicing or troubleshooting occurs the contractor shall note the issue, length of time to fix the issue, and how the issue was rectified in the service tracking log. The tracking sheet shall be updated daily and the Contractor shall provide full access to NMFS. The Contractor shall also track all system failures (any instance where the equipment is not functional) and report all system failures to NMFS in forty-eight (48) hours of occurrence.

The Contractor shall install, test, and initialize all the EM equipment on the participating fishing vessels. Some operations in the herring and mackerel midwater trawl fishery include pair trawling, where two (2) vessels tow a single net and the fish is loaded onto one (1) or both

EA133F-16-RQ-1822 Page 11 of 63 vessels. In pair trawl operations, both vessels will be equipped with EM equipment. The field service technician may be required to go out to sea on a trip with participating vessels to understand fishing operations and evaluate the EM system vessel configuration to meet project goals. Each vessel will be fully outfitted with EM equipment and the Contractor shall provide instruction on the use and care of the EM equipment to the vessels’ crews. The Contractor shall provide a detailed description of what is involved in the setting up and removal of EM to NMFS and study participants (potential and actual). The Contractor shall develop a vessel reference sheet which provides the description of the EM system, outlines captain and crew responsibilities, and includes instruction on the use and care of the EM equipment which will be included in the vessel’s VMP. The vessel reference sheet is required two (2) months after contract award.

The Contractor shall develop a VMP for each participating vessel. The VMP shall outline vessel specific catch handling protocols and EM system configurations being used throughout the project. The VMP is a communication tool used to ensure that captains, EM field technicians, EM data reviewers, and project coordination staff know what their roles are for a successful implementation. The VMP will include at a minimum; general EM procedures, EM system configuration, operator responsibilities, protocols for data retrieval, catch handling, observer protocols (if applicable), general vessel information, monitoring objectives, the vessel layout, reporting requirements, vessel hail in or out procedures, basic system troubleshooting, program contacts, and any other pertinent information.

All alterations, with the exception of the vessel’s power supply, required for a vessel to accommodate the EM system will be incurred by the Contractor. This includes, but is not limited to; swing arm mounts for cameras, discard chutes, additional lighting for night fishing, and wire shielding to prevent Radio Frequency Interference (RFI). The Contractor shall devise a plan for those vessels who want to participate but have insufficient power resources. The Contractor’s quote shall include suggested solutions or arrangements to address power issues to increase study participation and shall include information on how this may impact Contractor costs for this project. The Contractor’s quote shall include suggested solutions or arrangements to address power issues to increase study participation and shall include information on how this may impact Contractor costs for this project.

The Contractor shall coordinate and determine a schedule for EM installation on each vessel and will take into account vessels’ fishing schedules and concerns. The installation and maintenance of the EM technology shall not unduly delay any vessel from participating in the fishery.

The Contractor shall develop and implement strategies for vessel compliance and shall work with vessels that are non-compliant to help them meet project and vessel requirements. Vessel accountability shall be described in detail in the Contractor’s quote. Incentives to have industry collect high quality data in future electronic monitoring programs should also be described in the quote.

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The participating vessels will be required to use the EM system for 100% of their trips. The Contractor shall review 100% of sensor and video data collected under this study for discard compliance. The participating vessels will be subject the same reporting requirements currently implemented and all trips will be subject to Northeast Fisheries Observer Program (NEFOP) observer coverage.

The Contractor shall provide NMFS with EM data summaries from reviewed data and provide complete access to all data (sensor and video) for a NMFS video review audit It is preferred EM reviewers have experience with northeast fisheries. Reviewers may be required to take a trip with participating vessels to increase their knowledge in this fishery and to improve data review.

Summary data provided to NMFS and video recordings submitted for audit purposes under this contract will be the property of NMFS. All data collected or summarized as a result of this study is subject to the same data confidentiality guidelines as observer data.

The Contractor shall work with NMFS to determine which events are to be recorded and how the events shall be documented. The experimental plans for data collection shall be flexible and dynamic to allow for changes as the projects progresses. NMFS or GARFO staff may provide training for the Contractor. The Contractor shall participate in NMFS training in person or remotely (Video Teleconference) to correctly identify events and document information according to NMFS standards.

The specific data analysis and reporting tasks to be carried out by the Contractor include:

• The Contractor shall draft a project plan for the project. The project plan will incorporate NMFS input and is subject to NMFS approval;

• The Contractor shall be available to provide instruction to three (3) NOAA video auditors performing sensor and imagery auditing work. The location will be arranged by NOAA Fisheries. The task is to be provided as stated in Section C.4.1.1.;

• The set up of three (3) user accounts or licenses to facilitate EM data review and auditing;

• The Contractor shall keep an inventory of all data retrieved and shall create a tracking spreadsheet to track all data and the review of such data. The Contractor shall provide NMFS direct access to the tracking sheet;

• Establish a schedule for data processing and delivery of a final data summary (at the trip level) to be agreed upon by the Contractor and NMFS, with an initial target goal of within 2 weeks (14 calendar days) of trip landing and an eventual goal of 1 week (7 calendar days) from trip landing;

• The Contractor shall assess the quality of image data on a per trip basis and shall develop categories of image quality that determine if the data is suitable for imagery review and data analysis;

• The Contractor shall analyze vessel sensor data for quality and completeness (e.g., no data gaps). The Contractor shall summarize all data gaps or periods of missing data (sensor or video) and include that information in the final report;

• The Contractor shall review of 100% of the fishing activity at the trip level, beginning with the first deployment of the net (as detected by the sensors) until the vessel returns to port;

• Identify all fishing episodes, including the activity of both vessels involved in pair trawling operations;

C.4.5 Data analysis

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• Identify discarding by net slippage (release of catch from the net in the water), operational discards (release of catch during operations to move fish from the net to the vessel’s fish hold (for example during pumping operations), discard of fish from the grate or deck of the vessel, or any other discarding event. The identification of discarded fish is not necessary for the purpose of this project;

• Document the net/codend or purse seine and its contents after pumping has ceased to identify fish (presence/absence) remaining in the net.

• Identify all instances where the catch does not come onboard after a fishing event (gear issue, fish pumped to another vessel, etc.);

• Identify interactions (presence/absence) with protected species;

• Identify anomalous events in the data set that may warrant further investigation;

• Submit data reports according to EM summary file standards (Section J, Attachment 2, Electronic Monitoring Data File Technical Specifications).

C.4.6 Removal of EM units from all fishing vessels

Unless ownership or lease agreement is transferred to the vessel owner at the end of this contract, the Contractor shall be responsible for removing all EM units from the vessels at the end of the project. The Contractor shall remove all evidence of the EM installation on every vessel. There shall be no parts or materials left on the vessel (example, wires, swing arm mounts). The care must be taken to return each vessel to the state it was in prior to the installation of the EM unit.

The removal shall not unduly delay vessels from departing for other fisheries. The Contractor shall report completion of removal of EM units with the COTR.

C.4.7 Final report

The Contractor shall provide NOAA Fisheries with a draft and the final report on this project in a format to be approved by NMFS. The draft report is due one (1) month prior to the final report.

The draft shall allow NOAA Fisheries to provide comments and edit text. The final report, incorporating changes suggested by NOAA Fisheries, shall be clear, straightforward and will incorporate an overview of the EM project, analysis of the EM data, lessons learned and applicability in other Northeast fisheries. It shall also include an objective review of the positives and negatives of EM applicability to the various gear and vessel configurations, all incidences of at-sea discards, positions and track lines of all vessel tows, comparison to NEFOP observer collected data, and any other unique circumstances that may have arisen.

The final report shall be a narrative of the operational components and processes for the tested EM monitoring approach. The final report shall read as a template or blueprint for vessel owners who intend on incorporating an EM monitoring program into operation plans. Specific data analysis and reporting included in the final report shall include but is not limited to the following:

• Document and detail all operational components (e.g., data management and storage, data retrievals and management, equipment maintenance and supporting field services, data processing, notification system, onboard methodologies, compliance measures, feedback

EA133F-16-RQ-1822 Page 14 of 63 mechanisms, etc.), necessary to support an EM monitoring program. Information included shall be practical and based on applied knowledge;

• Thoroughly document the EM model (approach) tested, including objectives, approach definitions, specific approach goals, approach assumptions, approach scope of work, etc.;

• Document procedures (list of necessary tasks to complete processes), description of resources (training, skill sets, etc.), data quality procedures and considerations, and timeframes and logistical considerations associated with data models for each approach;

• Identify any significant issues or concerns with EM operational programs, including: fishing in multiple management areas (if applicable), data gaps (sensor or video), equipment interference issues, safety concerns, chain of custody concerns and data confidentiality, data ownership, data storage, haul vs. trip level reporting, data turnaround times, etc.

• Document “best practices or best recommendations” for a successful and independent electronic monitoring program. The “best practices” information shall be supported by data collected and analyzed as part of this study. Supporting data shall be utilized to collaborate and reinforce “best practice recommendations” and shall be incorporated in a “lessons learned” format. This information shall include methods tested and evaluated (efficiencies) as part of this study, including elements such as: data alignment, modified catch handling, distinguishing between discarding events, methods to address undetected discard events, techniques for industry reporting, etc. The Contractor may also incorporate “lessons learned” from other pilot studies or operational programs which they have conducted or are associated with;

• Identify and document all cost drivers related to an EM monitoring program. Information shall demonstrate how specific cost drivers impact overall monitoring costs and identify which cost aspects vary in accordance with other factors. Information shall also include how specific monitoring objectives relate to or influence program costs. Cost information shall be presented in a manner that allows the fishing industry to optimize costs based on specific monitoring objectives;

• Summarize all data collected. Summarized information shall include: detail of collected data (number of trips, estimated total hours, and number of participating vessels, etc.), EM data quality assessment for reviewing, interpretation and analysis methods, video and sensor data quality, quality control measures for data alignment between reviewers, and inventory (catch composition) of all species or events recorded in EM data by gear type;

• Assess vessels in the context of compatibility with the EM equipment and detailing any deficiencies identified in the fleet that would not be conducive to collecting EM information or EM monitoring;

• The final report will include a template of a Vessel Monitoring Plan (VMP) with generic information related to vessel monitoring and crew responsibilities. The report shall reference the VMP and include information as to the purpose and need for vessel-specific VMPs to properly support a program.

C.4.8 Ownership of materials

All, reports, summaries, information collected or developed during this project and submitted to NMFS as required, and collected video and sensor data will be the property of NOAA Fisheries and will be maintained onsite by the NMFS. All data will delivered in a manner accessible to NMFS. Copies will be supplied to vessel owners at their request and upon completion of a

EA133F-16-RQ-1822 Page 15 of 63 signed waiver by the owner. The EM data will be used solely for this project and will be protected as confidential data under observer information [Magnuson-Stevens Reauthorization Act amended Section 402(b)]. The Contractor may not use the data collected from this project without Government permission.

The data collected throughout this project may be used for outreach purposes, trainings (video auditors, NMFS staff, observers, etc.), and presentations as needed.

The Contractor will be required to store all (sensor and video) data for three (3) years from the project start date.

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SECTION D – PACKAGING AND MARKING

D.1 MARKING DELIVERABLES

The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract, including reports.

Mark deliverables for:

Nichole Rossi US Dept. of Commerce/NOAA/NMFS 166 Water Street Woods Hole, MA 02543

END OF SECTION D

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 FEDERAL ACQUISITION REGULATION (FAR) 52.246-4 INSPECTION OF

SERVICES -- FIXED-PRICE (AUG 1996)

E.2 COMMERCE ACQUISITION REGULATION (CAR) 1352.246-70 PLACE OF

ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be:

Inspection and acceptance will be performed at:

NOAA/Protected Species Branch 28 Tarzwell Drive Narragansett, RI 02882

(End of clause)

END OF SECTION E

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The period of performance of this contract consists of a Base Period of Date of Award through Sixteen Months thereafter.

(b) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-8.

END OF SECTION F

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SECTION G – CONTRACT ADMINISTRATION DATA

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

G.2 CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR

2010)

(a) Nicole Rossi 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/Protected Species Branch 166 Water Street Woods Hole, MA 02543 Phone Number: 508.495.2000 Email: Nichole.Rossi@noaa.gov

(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.

G.3 NAM 1330-52.242-70 INVOICES

(a) The Contractor shall prepare and submit an invoice to the COR for approval with a copy to the contracting officer for information. All invoices shall be submitted (via electronic copy) by the 10th day of the subsequent month.

(b) Payment will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment. To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in FAR 52.212-4(g), “Invoices”.

(c) Original invoices shall be mailed (via electronic copy) to the designated billing office as follows:

NOAA/NMFS

166 Water Street Woods Hole, MA 02543 Phone Number: (508) 495-2000 Email: Nichole.Rossi@noaa.gov

A copy of all invoices shall be emailed to the contract administration office as follows:

NOAA/Eastern Region Acquisition Division Attn: Amy McLiverty, 200 Granby St.

Norfolk, VA 23510-1811 Email: Amy.L.McLiverty@noaa.gov

EA133F-16-RQ-1822 Page 20 of 63

The designated payment office for this contract is:

NOAA

Eastern Finance Branch NOAA Finance Office, AOD 20020 Century Blvd.

Germantown, MD 20874-1178

(d) The Contractor will submit invoices to the Contract Officer’s Technical Representative stating the hours worked, the task and/or equipment purchases made. A final invoice should be submitted with the final report, and will be paid when the final report and all tasks are reviewed and deemed to be complete by the Agency.

(e) The Government will return invoices that do not comply with these requirements. If the invoice does not comply with FAR 52.212-4(g), “Invoices”, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

(End of provision)

END OF SECTION G

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.227-17 RIGHTS IN DATA-SPECIAL WORKS (DEC 2007)

H.2 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.3 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.4 CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)

H.5 CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

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

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

END OF SECTION H

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SECTION I – CONTRACT CLAUSES

I.1 FAR 52.202-1 DEFINITIONS (JAN 2012)

I.2 FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(JUL 2013)

I.3FAR 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 these addresses:

Federal Acquisition Regulation (FAR) - http://farsite.hill.af.mil/vffara.htm Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vfcara.htm

I.4 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or http://farsite.hill.af.mil/vfcara.htm

EA133F-16-RQ-1822 Page 23 of 63 negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds…