RFP_EA133F-17-RP-1824_NEFOP_Observer_Support_Services.pdf

SECTION A – SF 1449

EA133F-17-RP-1824 Page 1 of 97 NEFOP Observer Support 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

NFFM7210-16-01824

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

EA133F-17-RP-1824

6. SOLICITATION

ISSUE DATE

OCT 18, 2017

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Amy McLiverty

b. TELEPHONE NUMBER (no collect calls)

(757) 441-3426

8. OFFER DUE DATE/

LOCAL TIMES

NOV 20, 2017

3:00 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: _100__ %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN- OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS EDWOSB 541715

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 1000 Employees

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

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-17-RP-1824 Page 2 of 97

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-17-RP-1824 Page 3 of 97

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-17-RP-1824 Page 4 of 97

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. CONTRACT TYPE

This is a single award Indefinite Delivery-Indefinite Quantity (IDIQ) contract with a base five (5) year ordering period that begins with date of award through five years thereafter. This ordering period may be extended by an additional six (6) months under the Option to Extend Services Clause, FAR 52.217-8. The Task Orders will include a combination of Firm- Fixed-price and Time-and-Materials line items.

B.2. SCHEDULE OF ITEMS

Contractor's rates for CLINS 0001, 0006, 0011, 0016 and 0021 shall be a fully burdened rate that is inclusive of all wages, fringe benefits, overhead, general and administrative expenses, and profit (no travel, training, or vessel meal reimbursements are to be included).

Year 1 Pricing – Date of Award through twelve (12) months thereafter

Item Number Supplies/Services Quantity Unit Unit Price Extended Amount

0001 Observer Sea Days In Accordance with SOW B.3.1 10,000 DA Not Separately Priced (NSP)

0001a Sea Day Rate Observer I 5,000 DA $ $ 0001b Sea Day Rate Observer II 3,000 DA $ $ 0001c Sea Day Rate Observer III 2,000 DA $ $ 0002 Travel

In Accordance with SOW B.3.2 and C.4.3.5

1 LT Estimated – $650,000.00

Estimated – $650,000.00

0003 Training In Accordance with SOW B.3.3 and C.4.3.2

1 LT Estimated – $550,000.00

Estimated – $550,000.00

0004 Hourly Rate In Accordance with SOW B.3.2, B.3.3, B.3.4, C.4.2.3 (h) and C.4.3.16 4,000 HR Not Separately Priced (NSP)

0004a Hourly Rate Observer I 1,920 HR $ $ 0004b Hourly Rate Observer I-O/T 100 HR $ $ 0004c Hourly Rate Observer II 1,140 HR $ $ 0004d Hourly Rate Observer II-O/T 60 HR $ $ 0004e Hourly Rate Observer III 760 HR $ $ 0004f Hourly Rate Observer III-O/T 40 HR $ $ 0005 Vessel Meal Reimbursement

In Accordance with SOW B.3.5 and C.4.3.13 1 LT

Estimated – $260,000.00

Estimated – $260,000.00

EA133F-17-RP-1824 Page 5 of 97

Year 2 Pricing – End of Year 1 through twelve (12) months thereafter Item Number Supplies/Services Quantity Unit Unit Price Extended Amount

0006 Observer Sea Days In Accordance with SOW B.3.1 10,000 DA Not Separately Priced (NSP)

0006a Sea Day Rate Observer I 5,000 DA $ $ 0006b Sea Day Rate Observer II 3,000 DA $ $ 0006c Sea Day Rate Observer III 2,000 DA $ $ 0007 Travel

In Accordance with SOW B.3.2 and C.4.3.5 1

LT Estimated – $650,000.00

Estimated – $650,000.00

0008 Training In Accordance with SOW B.3.3 and C.4.3.2 1

LT Estimated – $550,000.00

Estimated – $550,000.00

0009 Hourly Rate In Accordance with SOW B.3.2, B.3.3, B.3.4, C.4.2.3 (h) and C.4.3.16 4,000

HR

Not Separately Priced (NSP) 0009a Hourly Rate Observer I 1,920 HR $ $ 0009b Hourly Rate Observer I-O/T 100 HR $ $ 0009c Hourly Rate Observer II 1,140 HR $ $ 0009d Hourly Rate Observer II-O/T 60 HR $ $ 0009e Hourly Rate Observer III 760 HR $ $ 0009f Hourly Rate Observer III-O/T 40 HR $ $ 0010 Vessel Meal Reimbursement

In Accordance with SOW B.3.5 and C.4.3.13 1 LT

Estimated – $260,000.00

EA133F-17-RP-1824 Page 6 of 97

Year 3 Pricing – End of Year 2 through twelve (12) months thereafter

0011 Observer Sea Days In Accordance with SOW B.3.1 10,000 DA Not Separately Priced (NSP)

0011a Sea Day Rate Observer I 5,000 DA $ $ 0011b Sea Day Rate Observer II 3,000 DA $ $ 0011c Sea Day Rate Observer III 2,000 DA $ $ 0012 Travel

In Accordance with SOW B.3.2 and C.4.3.5 1 LT

Estimated – $650,000.00

Estimated – $650,000.00

0013 Training In Accordance with SOW B.3.3 and C.4.3.2 1 LT

Estimated – $550,000.00

Estimated – $550,000.00

0014 Hourly Rate In Accordance with SOW B.3.2, B.3.3, B.3.4, C.4.2.3 (h) and C.4.3.16 4,000 HR Not Separately Priced (NSP)

0014a Hourly Rate Observer I 1,920 HR $ $ 0014b Hourly Rate Observer I-O/T 100 HR $ $ 0014c Hourly Rate Observer II 1,140 HR $ $ 0014d Hourly Rate Observer II-O/T 60 HR $ $ 0014e Hourly Rate Observer III 760 HR $ $ 0014f Hourly Rate Observer III-O/T 40 HR $ $ 0015 Vessel Meal Reimbursement

In Accordance with SOW B.3.5 and C.4.3.13 1 LT

Estimated – $260,000.00

EA133F-17-RP-1824 Page 7 of 97

Year 4 Pricing – End of Year 3 through twelve (12) months thereafter

0016 Observer Sea Days In Accordance with SOW B.3.1 10,000 DA Not Separately Priced (NSP)

0016a Sea Day Rate Observer I 5,000 DA $ $ 0016b Sea Day Rate Observer II 3,000 DA $ $ 0016c Sea Day Rate Observer III 2,000 DA $ $ 0017 Travel

In Accordance with SOW B.3.2 and C.4.3.5 1 LT

Estimated – $650,000.00

Estimated – $650,000.00

0018 Training In Accordance with SOW B.3.3 and C.4.3.2 1 LT

Estimated – $550,000.00

Estimated – $550,000.00

0019 Hourly Rate In Accordance with SOW B.3.2, B.3.3, B.3.4, C.4.2.3 (h) and C.4.3.16 4,000 HR Not Separately Priced (NSP)

0019a Hourly Rate Observer I 1,920 HR $ $ 0019b Hourly Rate Observer I-O/T 100 HR $ $ 0019c Hourly Rate Observer II 1,140 HR $ $ 0019d Hourly Rate Observer II-O/T 60 HR $ $ 0019e Hourly Rate Observer III 760 HR $ $ 0019f Hourly Rate Observer III-O/T 40 HR $ $ 0020 Vessel Meal Reimbursement

In Accordance with SOW B.3.5 and C.4.3.13 1 LT

Estimated – $260,000.00

EA133F-17-RP-1824 Page 8 of 97

Year 5 Pricing – End of Year 4 through twelve (12) months thereafter

Observer Sea Days In Accordance with SOW B.3.1 10,000 DA Not Separately Priced (NSP)

0021a Sea Day Rate Observer I 5,000 DA $ $ 0021b Sea Day Rate Observer II 3,000 DA $ $ 0021c Sea Day Rate Observer III 2,000 DA $ $ 0022 Travel

In Accordance with SOW B.3.2 and

C.4.3.5 1 LT

Estimated – $650,000.00

Estimated – $650,000.00

0023 Training In Accordance with SOW B.3.3 and

C.4.3.2 1 LT

Estimated – $550,000.00

Estimated – $550,000.00

0024 Hourly Rate In Accordance with SOW B.3.2, B.3.3, B.3.4, C.4.2.3 (h) and C.4.3.16 4,000 HR Not Separately Priced (NSP)

0024a Hourly Rate Observer I 1,920 HR $ $ 0024b Hourly Rate Observer I-O/T 100 HR $ $ 0024c Hourly Rate Observer II 1,140 HR $ $ 0024d Hourly Rate Observer II-O/T 60 HR $ $ 0024e Hourly Rate Observer III 760 HR $ $ 0024f Hourly Rate Observer III-O/T 40 HR $ $ 0025 Vessel Meal Reimbursement

In Accordance with SOW B.3.5 and

C.4.3.13 1 LT

Estimated – $260,000.00

EA133F-17-RP-1824 Page 9 of 97

B.3. PAYMENT DESCRIPTION

B.3.1 SEADAYS

The fixed price for a sea day as set forth in Items 0001, 0006, 0011, 0016 and 0021 in the Schedule above will be paid for each successfully observed sea day performed by the Contractor. The sail date and disembarkment date will be prorated as provided below for the first and last day. All other days on multi-day trips will be considered a full sea day. The sea day rate is inclusive and shall include any aspect of observer support and deployment not specified by the other Time and Materials line items listed below. The sail date and disembarkment date will be prorated for the 3/4 day and any day at sea on a multi-day trip will be a full sea day.

A sea day is defined as any part of a calendar day where an observer is deployed on a vessel at sea (leaves port, is out at sea, and/or returns to port). An observer's sea day time starts when the observer arrives at the vessel, and ends when the observer departs the vessel.

a. One day trips will be pro-rated in ¾ day increments as follows:

• 0:01 (one minute) to 12:00 (twelve) hours = 0.75 sea day

• 12:01 (twelve hours and one minute) to 24:00 (twenty-four) hours = 1.00 sea day

b. For multi-day trips (trips of more than 24 hours), the first day (also referred to as the “sail date”) and last day (also referred to as the “disembarkment day”) shall be pro-rated as follows:

• 0:01 (one minute) to 12:00 (twelve) hours = 0.75 sea day

• 12:01 (twelve hours and one minute) to 24:00 (twenty-four) hours = 1.00 sea day

If the Contractor fails to deliver data in accordance with C.4.3 (Observer Support Services), the observed day is not considered “successful” and therefore will not be paid.

The price for each successfully observed sea day may be billed in the regular billing period after data from the trip is inspected and accepted by the Government. Data will be accepted upon receipt (?)for payment purposes and final acceptance will be made within 90 days from receipt of the data.

B.3.2 TRAVEL

Reimbursement is authorized only for actual travel of observers, including the observer hourly rate associated with trainings and vessel deployment, vessel cancellations at the dock, and other work required under this contract (C.4.3.5).

Reimbursement for “No Shows” and “Cancellations” will be handled in accordance with Paragraph C.4.3.6. Travel costs related to trip deployment are not to exceed 10% of the total billing amount for seadays for any given month. If travel costs exceed 10% of the total billing amount for seadays, the Contractor shall provide justification with the submittal of the invoice for the Contracting Officer’s Representative (COR) review and approval.

B.3.3 TRAINING

Reimbursement is authorized only for actual training and debriefing of observers that includes the observer hourly rate and other work required under this contract (C.4.3.2).

B.3.4 HOURLY RATE

Reimbursement is authorized for the observer hourly rate as mentioned in training (B.3.3) outreach events (C.4.2.3 (h)), time associated with “no-show” trips (C.4.3.6), cancellations (C.4.3.6), and research vessel trips (C.4.3.16).

B.3.5 MEAL REIMBURSEMENT

Reimbursement is authorized for meal reimbursement to vessel owners as described under this contract (C.4.3.13).

EA133F-17-RP-1824 Page 10 of 97

B.4. COMMERCE ACQUISITION REGULATIONS (CAR) 1352.216-75 MINIMUM AND MAXIMUM

CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government anticipates placing orders totaling a maximum of $25,000.00. The amount of all orders shall not exceed [To be determined at Award].

B.5 CAR 1352.216-77 CEILING PRICE (APR 2010)

The ceiling price of this contract is [To be determined at Award]. The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk.

(End of clause)

END OF SECTION B

EA133F-17-RP-1824 Page 11 of 97

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NATIONAL MARINE FISHERIES SERVICE (NMFS)

NORTHEAST FISHERIES OBSERVER PROGRAM (NEFOP) SUPPORT SERVICES

STATEMENT OF WORK (SOW)

C.1. BACKGROUND OVERVIEW

The National Oceanographic and Atmospheric Administration ’s (NOAA) mission is to understand and predict changes in the Earth’s environment and conserve and manage coastal and marine resources to meet our Nation’s economic, social, and environmental needs. NOAA’s National Marine Fisheries Service (NMFS) supports the overall NOAA mission by focusing on stewardship of living marine resources through science-based conservation and management and the promotion of healthy ecosystems.

NMFS is responsible for the management, regulatory compliance, economic data and protection of living marine resources within the United States Exclusive Economic Zone. NMFS also plays a supportive and advisory role in the management of living marine resources in coastal areas under state jurisdiction. It provides scientific and policy leadership in the international arena, and implements international conservation and management measures as appropriate.

Under this mission, the goal is to optimize the benefits of living marine resources to the Nation through sound science and management. This requires a balancing of multiple public needs and interests in the sustainable benefits and use of living marine resources, without compromising the long-term biological integrity of coastal and marine ecosystems.

Many natural and human-related factors affect the status of fish stocks, protected species and ecosystems. Although these factors cannot all be controlled, available scientific and management tools enable the agency to have a strong influence on many of them. Maintaining and improving the health and productivity of these species is the heart of the NMFS mission.

These activities will maintain and enhance current and future opportunities for the sustainable use of living marine resources as well as the health and biodiversity of their ecosystems.

NMFS has three objectives in its mission to protect, restore, and manage the use of coastal and oceanic resources:

• Protect and restore ocean, coastal, and Great Lakes resources

• Recover protected species

• Rebuild and maintain sustainable fisheries.

NMFS will measure its performance against these objectives using the following measures:

1) Increased number of coastal and marine ecosystems maintained at a healthy and sustainable level

2) Increased social and economic value of the marine environment and resources (e.g., seafood, recreation, and tourism)

3) Increased number of acres and stream-miles restored for coastal and ocean species

4) Increased number of protected species in a stable condition or in an upward trend

5) Increased number of managed species that are at optimum levels

6) Improved ecological conditions in coastal and ocean protected areas

C.2. OBSERVER PROGRAM OBJECTIVES

NMFS has an extensive program to monitor and observe living marine resources and associated communities to provide information on biota, their habitats, and the human activities and actions that may impact coastal and ocean ecosystems. Data are the foundation of scientific advice, which provides information to management to support decision-making. A more consistent flow of high quality, credible information is required to improve decision-making. To collect the quantity and quality of data necessary, NMFS intends to improve its capacity to conduct surveys and to conduct research and studies for

EA133F-17-RP-1824 Page 12 of 97 better understanding of ecosystems. These efforts rely on extensive collaboration with fisheries participants and other stakeholders in the living marine resource decision process.

Observers are the only independent data source for some types of at-sea information such as bycatch composition and mortality, and marine mammal, sea bird and sea turtle interactions. Although vessel self-reporting is often utilized, only limited data collection demands can reasonably be placed on the captain and crew. In addition, the reliability of self-reported information is a concern for scientists and policy makers, who use the data to make fishery management decisions for the purpose of maintaining the nation’s marine resources.

Currently, more than 500 observers are deployed in 11 observer programs most of which are administered through NMFS 6 regional Fisheries Science Centers (FSC). NMFS observer data coverage is essential to reliably estimating catch and bycatch and helping to implement programs to reduce bycatch. Additional benefits of enhanced observer programs are near real-time monitoring of biological and environmental conditions and sampling opportunities not available from dockside sampling.

This includes information on marine mammals, turtles and seabirds, resource abundance, contaminants, habitat, life history, and other basic biological information.

NMFS is required to collect scientific, management, regulatory compliance, and economic data for fisheries by placing observers aboard U.S. domestic fishing vessels. These data cannot be obtained at the dock or on Government research vessels. These data are needed for the management of fisheries occurring in the U.S. Exclusive Economic Zone (EEZ) and the high seas beyond the EEZ.

NMFS requires Contractor support, as described below, to satisfy these requirements.

C.3. SCOPE AND OUTCOMES

The Contractor shall provide and retain the necessary qualified personnel, material, equipment, services, and facilities (except as otherwise specified) to perform quality environmental, biological, and fisheries operations data collection, data analysis, and information dissemination for the Northeast Fisheries Science Center (NEFSC). Data quality is of the utmost importance. Quality data collection, analysis, and dissemination are expected to increase the critical information gathered for stock assessments to manage the species.

C.3.1 POLICIES AND REGULATIONS

In addition to the Federal Acquisition Regulation (FAR) clauses contained herein, the Contractor shall comply with the Federal Regulations, Acts, Executive Orders, Special Publications, Guidelines, NOAA Directives and Policies, and standards listed below. This listing is not all-inclusive and is not intended to relieve the Contractor of its responsibilities for identification of applicable statutes, regulations and procedures and compliance therewith, when performing work under this SOW.

• Magnuson-Stevens Fishery Management and Conservation Act (MSA)

• Marine Mammal Protection Act (MMPA)

• Endangered Species Act (ESA)

• Data Quality Control Act (P.L. 106-514)

• Information Technology Security Policy

• Fisheries Management Plans (FMP)

• Biological Opinions (BO)

• Take Reduction Team Plans (TRT)

• NOAA Safety Standards

• Fair Labor Standards Act (FLSA)

• Service Contract Labor Standards

• Department of Labor Wage Determinations

• Applicable Federal and State labor laws

• Observer Health and Safety regulations

• Federal, state, and local safety regulations

• Merchant Marine Act (Jones Act) and General Maritime Law

• U.S. Longshore and Harbor Worker’s Compensation Act

EA133F-17-RP-1824 Page 13 of 97

C.4. STATEMENT OF WORK

C.4.1 MANAGEMENT REQUIREMENTS

C.4.1.1 Project Management

The Contractor shall perform all Project Management functions including contract, technical, personnel, administrative, logistic, quality, business, and other management functions that are necessary to execute the total effort required by this SOW. The Contractor shall provide all personnel and other resources, except as otherwise specified in this SOW, necessary to accomplish these functions. The Contractor shall effect these management functions through an integrated management approach, including cost, schedule, and technical performance within an acceptable project management framework. The Contractor shall develop and submit to NMFS a Project Management Plan (as further defined in Section F.3.1) for approval that details how the Contractor will manage the contract and its observer program.

C.4.1.2 Project Manager

The Contractor shall assign a Project Manager to be the focal point for communications between NMFS and the Contractor. The assigned Project Manager shall be designated as Key Personnel for this contract (per Section H.17).

The Project manager shall reside locally (e.g., at or nearby one of the major fishing ports where a majority of the fishing effort occurs) in order to fully and properly support coordinating and observer staff. Ensure that all key personnel attend any refresher trainings for observers. For a specific job description see Section J, Attachment 2, Labor Category Classifications and Job Descriptions.

C.4.1.3 Area Coordinators

The Contractor shall assign area coordinators as needed to coordinate observer deployment and provide observer support services. The area coordinators shall be designated as key personnel under this contract (per section H.17).

All area coordinators are required to maintain current observer certification. Ensure that all key personnel attend any refresher trainings for observers. For a specific job description see Section J, Attachment 2, Labor Category Classifications and Job Descriptions.

C.4.1.4 Management Reporting and Coordination

The Contractor shall prepare and submit to the Contracting Officer (CO) and the COR a monthly Status Report, as listed in Section F.3.2, that provides information on project status to include, contract award-to-date financial expenditures; observer retention status; any problems or issues encountered; and other information as may be requested by the COR. In addition, the Contractor shall provide a weekly field work summary report from the area coordinators identified in Section H.17, which provides area coordinator’s field activities, fishing effort, seaday accomplishments by reference number, issues with seaday achievements, and observer deployment. The Contractor shall also provide all vessel contact information to NMFS upon request.

NMFS utilizes a web portal system to track various items, including, but not limited to observer certifications, contact information, including homeport and emergency contacts, personal locator beacon information, species verification compliance, observer tracking, captain interviews, and vessel deployments. The Contractor shall be responsible for routinely entering and updating information daily as required by NMFS. The Contractor shall be required to update and monitor the portal on a daily basis as referenced in Section F.3.3. The portal serves as the main method to track observer deployments for safety purposes and therefore all information related to observer trip deployments shall be entered as trips are scheduled and deployed. Information included in the portal is provider-specific and will not be shared among other observer providers.

Any incidents, issues, or concerns reported by an observer directly to Contractor staff shall be documented in an incident report and submitted to NMFS through the web portal.

EA133F-17-RP-1824 Page 14 of 97

C.4.1.4.1 Quality Assurance Management

The Contractor shall establish, implement, and maintain a Quality Assurance Management program to ensure consistent quality of all work products and services performed under this contract. The Contractor’s Quality Assurance Plan is incorporated herein and shall be updated annually or more frequently if necessary in accordance with Section F.3.4.

C.4.1.4.2 Emergency Action Plan

The Contractor’s Emergency Action Plan (EAP) is incorporated herein and shall be updated annually or more frequently if necessary in accordance with Section F.3.5. The EAP shall outline how the Contractor will respond to an emergency, including points of contact, protocols, guidelines, timelines, methods of communication, after action reports, and a mechanism for reviewing protocols following an emergency. The EAP shall be designed to be used for all types of emergencies.

C.4.2 OPERATIONAL REQUIREMENTS

Observers are deployed in accordance with the NEFOP sea day schedules (Section J, Attachment 3, NEFOP Seaday Schedule) developed by NMFS. The NEFOP seaday schedule runs April 1st to March 30th each year and supplies a list of tasked seadays organized by region, gear type, fishery, and month. Accomplishments are tracked on a monthly, quarterly, and annual basis. The Contractor shall complete all tasked days as assigned. Tasked days are achieved through dock work, vessel intercept, and observer trip solicitation.

Observers shall also be deployed on non-NEFOP seaday schedule trips as assigned through the Pre-Trip Notification System (PTNS). The PTNS is designed by NMFS to provide an effective way to ensure fair and adequate coverage for fisheries that have a notification requirement. PTNS initiates an automated process that randomly selects trips for observer coverage based on the coverage rate of trips within the same stratum. The Contractor shall be required to monitor and update the PTNS regularly. Several types of fishing gear may be used: longline, trawl, and gillnet. A monitored trip must be a trip where landings of groundfish occur (a “groundfish”, “skate” or “monkfish” trip as defined in MSA Amendment 16). Coverage levels will be in terms of number of seadays. As described in the MSA, NEFOP observers take precedence over At-Sea Monitors for vessel placement when deployments overlap.

Due to availability of funding, changes in the fishery management, such as emergency closures, court ordered closures, weather, and unforeseen events sea day scheduling must remain flexible. Special projects and additional sea days may be required within the maximum allowable number of seadays.

If the Contractor is unable to meet 90% of the total tasked days for any given quarter, the Contractor shall notify NMFS and the Contracting Officer (CO) and COR and supply a plan on how they will increase accomplishments as referenced in Section F.3.6. The Contractor shall notify NMFS and provide a mitigation plan within one (1) month before the quarter ends.

If the Contractor is unable to complete all of the assigned tasked days at the end of a quarter, the Contractor shall submit a report detailing which days were not accomplished and reasons why the days were not achieved to the CO and COR one (1) month before week prior to the quarter ends as referenced in Section F.3.7.

The following items define the operational services to be provided by the Contractor under this contract.

C.4.2.1 Observer Recruitment and Retention Requirements

The recruitment and retention of fully qualified observers is essential to successful performance under the contract.

Observers shall be employees of the Contractor. The Contractor shall provide a sufficient number of qualified observers to complete the sea day coverage requirements.

The Contractor’s Recruitment and Retention Plan is incorporated herein and shall be updated annually or more frequently if necessary in accordance with Section F.3.8. The Contractor shall manage its observers to retain experienced observers and recruit new observers. The Contractor is encouraged to provide incentives for superior performance demonstrated by their work force.

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C.4.2.2 Eligibility Requirements

C.4.2.2.1 Educational Qualifications Observers must possess the minimum educational and experience requirements and specific psychological and physical qualities cited in the Minimum Observer Qualifications for educational requirements (Section J, Attachment 4, NOAA Fisheries Observer Eligibility Requirements).

C.4.2.2.2 Non-Conflict of Interest Section J, Attachment 5 (Training and Program Standards).

C.4.2.2.3 Physical/Medical Condition Section J, Attachment 5 (Training and Program Standards).

C.4.2.2.4 Communication Skills Observer candidates must be able to clearly and concisely communicate verbally and in writing in English.

C.4.2.2.5 Citizenship or Ability to Work Legally in the United States Observer must be a U.S. Citizen, or a non-citizen who has a green card, TN Authorization, H1-B Visa, or valid work visa, and a social security card.

C.4.2.2.6 Statement of No Criminal Conviction Section J, Attachment 5 (Training and Program Standards)

C.4.2.2.7 CPR and First Aid Requirements Observers shall obtain and maintain current certification for CPR by the American Red Cross or American Heart Association (AHA) or other as approved by the COR. Completion of a basic First Aid class is also required before the start of training. A copy of CPR and First Aid certification(s) for all observers will be provided to NMFS seven (7) calendar days prior to the first day of training and annually thereafter unless the certification is good for two (2) years. In that case, a copy of the CPR and First AID certification(s) should be provided to NMFS every 2 years.

C.4.2.2.8 Observer Standards of Conduct At sea, observers work in a self-supervised capacity and shall maintain high standards of conduct.

Observers shall maintain a professional, objective demeanor at all times. Observers may be subject to random drug testing by their employer or by the U.S. Coast Guard as a result of an investigation.

Observers should not volunteer or agree to submit to a drug test at the request of a fishing vessel owner or operator. Observers shall comply with these standards and those set forth in the Standards of Conduct (Section J, Attachment 5, Training and Program Standards).

C.4.2.3 Observer Duties and Data Collection Requirements

(a) General Observer Duties and Data Collection Requirements – Fishery Observer I, II, and III

i. Observers shall collect scientific, management, compliance, and other data at sea through interviews of vessel captains and crew; observations of fishing operations; sampling catch; measuring selected portions of the catch and fishing gear; photographic images, and collecting samples. Observer coverage is mandated by a number of statutes and is an integral part of the regulations. These authorities empower the observer to perform certain functions aboard vessels as well as afford protection to the observer against interference and intimidation in the course of performing his/her duties.

ii. Observers shall arrive to the dock one (1) hour prior to schedule departure time to allow for sufficient time to locate the vessel, unloading sampling gear, and parking.

iii. Observers shall collect biological samples from the catch of fisheries according to detailed procedures in the Observer Operations Manual, (http://www.nefsc.noaa.gov/fsb/manuals/2016/Operations_Manual.pdf), the Observer Data Entry Manual (http://www.nefsc.noaa.gov/fsb/manuals/2016/Operations_Manual.pdf), and the On- Deck Reference Guide (http://www.nefsc.noaa.gov/fsb/manuals/2016/On_Deck_Reference_Guide.pdf). These data include those collected once per deployment; those collected with each change of fishing gear; those collected at the beginning and end of each tow; and those collected during the deployment cruise. These data are recorded electronically and on data sheets provided by NMFS.

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(b) Observers shall collect data on fishing effort, location, retained catch and discarded catch for each gear deployment that occurs while the observer is aboard the vessel. The Observer Data Entry Manual describes data collection protocols for gear deployment that the observer sees as well as those not observed.

(c) Observers shall collect length measurements, age, and biological samples from segments of the catch.

Observer protocols, priorities, and data/sample collection procedures are detailed in the Observer Data Entry Manual.

(d) Observers shall collect information on any incidentally captured sea turtles, including, but not limited to, location of take, biopsies, measurements, photos, and any other information. Observers shall also collect information on any marine mammals or other protected species interactions. When protected species are caught, the primary responsibility of the observer shall be to communicate with the captain that retention of whole animals is preferable. If animal retention is not an option, observers shall properly handle, sample, and release animals according to Fisheries Sampling Branch (FSB) protocols as outlined in the Observer Operations Manual (http://www.nefsc.noaa.gov/fsb/manuals/2016/Operations_Manual.pdf).

(e) Observers shall participate in all training, briefings and debriefings as required by the COR. NMFS will perform all trip debriefings of the observers to ensure that the data collected is complete and as accurate as possible before computer audits are run. Debriefing also provides immediate feedback to the observer in the field and errors can be corrected immediately. Debriefings shall occur on a regular basis and as frequently as possible, such as by email or phone for every trip and in person as required. Observers are expected to bring in all assigned gear for trainings and debriefings.

Debriefings shall consist of but are not limited to:

1) Reviewing sampling methods and answering observer questions;

2) Reviewing preliminary data;

3) Correcting any data errors;

4) Reviewing any other past errors or changes in sampling techniques or recorded on forms;

5) Reviewing any logistical problems or concerns encountered by the observer; and

6) Testing observer ability to adhere to sampling protocols

7) Checking gear calibration and general maintenance

8) Providing the observer with any updates on modifications to sampling procedures or other program information.

(f) Observers who encounter captains or vessels’ owners operating in fisheries requiring mandatory observer coverage that refuses to accept the observer on their vessel for deployments shall provide documentation of the refusal to NMFS. This documentation shall be provided via e-mail or hard copy to the COR on the day of the event.

This documentation shall be of sufficient substance and detail to be usable for NMFS enforcement actions.

Narrative shall be provided to completely answer the following guideline questions: who, what, when, and where. If NMFS determines that a vessel has sailed after a scheduled trip without an observer, the observer or provider may be requested to submit an Incident Report to document the violation and shall follow the 12-hour timeline for submission on the Incident Report Form (Section J, Attachment 6, Incident Report Form).

(g) Observers are required to report any incidences as outlined on the incident report (Section J, Attachment 6, Incident Report Form). Observers are also required to document any and all concerns or issues that occur while acting in the official capacity as an observer. Concerns or issues include, but are not limited to; assault, captain did not show to vessel at arranged time, concerns about safety, injury or death of crew member, difficulty in setting up trip, discard of legal sized groundfish, drug/alcohol use of concern, failure to provide equal accommodations, failure to provide reasonable assistance, fire, flooding, gear tampering, gear theft, grounding of vessel, harassment, injured observer, interference, intimidation, MARPOL violation, notification non-compliance (non-PTNS trips), other PTNS non-compliance, refusal, safety deficiency, stability concerns, or unsafe vessel operation. All incidents shall be reported on the Incident Report Form. All incidents must be reported within twelve (12) hours after the incident occurred or within twelve (12) hours of landing, depending on which is applicable.

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(h) Observers may be asked to perform various program support tasks (industry outreach activities, industry meetings, observer training sessions, port orientations (Section J, Attachment 7, Port Orientation Program), reconnaissance, or other research project needs. Each observer shall attend at least one (1) day of at least one (1) Fishery Council Meeting each year in their assigned area. The Contractor shall invoice NMFS separately for these hourly costs in Section B (Section B. 2, Schedule of Items CLIN 0004, 0009, 0014, 00190024) and travel costs in Section B (Schedule of Costs CLIN 0002, 0007, 0012, 0017, 0022).

(i) Observers shall periodically send in the whole animal or take a photo of all species encountered that are a part of the Species ID Verification Program to NMFS to meet quarterly requirements (Section J, Attachment 8, Species Verification Program). Failure to do so may result in an observer’s change in status (i.e., priority, probation, and decertification).

(j) Observers will be issued a noaa.gov e-mail address and will be required to complete the NOAA IT Security Awareness Course every year and provide NMFS with the certificate of completion. The observer must complete this course within three (3) days of noaa.gov e-mail issuance. Observers shall be expected to use the noaa.gov email address as primary email and communication with NMFS staff. Observer shall be expected to log into the noaa.gov email address daily for updates and correspondence.

(k) Fishery Observer I – Performance Requirements and Labor Category Definition The Fishery Observer I shall meet and perform all the General Requirements specified in C.4.3.2 and the following:

1. Performs routine tasks associated with recurring and continuing work according to prescribed or established procedural standards and technical methods assigned.

2. Assures that tasks completed, data developed, and methods used in securing and verifying data are technically accurate and in compliance with instructions and established procedures.

3. Makes estimates of amounts and species composition of fish caught, retained, and discarded, using at a minimum, simple, single stage sampling techniques and dichotomous keys.

4. Collects biological samples from the catch of various fisheries including but not limited to, longline, trawl, gillnet, dredge, pot, rod and reel, harpoon, seine, weir and pound net fisheries according to detailed program and gear specific procedures.

5. According to established standards and detailed procedures, records data on appropriate forms and logs, some of which may be electronic.

6. Maintains field equipment and supplies.

7. Collects scientific, management, and compliance information, and makes observations of fishing operations.

8. Use and complete a pre-boarding vessel safety checklist.

9. Measures selected portions of catch including incidentally caught marine mammals, sea birds and sea turtles.

10. Tag species of interest including, but not limited to, sharks, tunas, sablefish, spiny lobsters, swordfish and sea turtles.

11. Uses calculator and/or PC for calculations and recording data.

12. Obtain, enter and transfer data electronically.

13. Obtain and record information on gear characteristics of fishing gear types while working either on board vessels, on an alternative platform, or at a shore-based facility.

14. Use interpersonal and communication skills to contact fishermen and schedule observer sampling trips.

15. Observes and documents compliance with fishery regulations, and write affidavits as required.

16. Observers shall document and report all incidences (see Section C.4.2.3, (g)) and U.S. Coast Guard enforcement boardings in the FSB web portal in accordance with the required timelines.

(l) Fishery Observer II The Fishery Observer II shall meet and perform all the General Requirements specified in C.4.3.2, perform all duties of Fishery Observer I and the following additional duties:

1. Independently executes duties, while learning when and how to resolve exceptions and special problems.

2. Estimate amounts and species composition of fish caught, retained and discarded, utilizing knowledge of various statistically valid sampling methods and dichotomous keys.

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(m) Fishery Observer III The Fishery Observer III shall meet and perform all the General Requirements specified in C.4.3.2, perform all duties of Fishery Observer II and the following additional duties:

1. May act as field coordinator of lower graded fishery observers.

2. Demonstrates extensive familiarity with methods, procedures, and management to ensure proper day-to-day operations.

3. Shifts from one type of responsible technical assignment to other types, which are different in terms of equipment used, of data used, and uses to which data will be put.

4. Makes estimates of amounts and species composition of fish caught, retained and discarded, utilizing knowledge of various statistically valid sampling, sub-sampling methods and dichotomous keys.

5. Shall follow proper procedures for the submittal of data. Data must be submitted on proper forms and logs in accordance with program protocols. Observer may make recommendations for changes to data recording protocols and methods, if applicable.

C.4.2.3.1 Data Deliverables Electronic data entry by observers is required in addition to required paperwork, and shall be managed by the Contractor in coordination with the COR. Submission of observer data to the NMFS shall be accomplished in a timely manner. The observer shall upload data according to NMFS policies. Observers must maintain compliance with NOAA mobile device management (MDM) policies. This requires, at a minimum, registering the device with MDM software once per month by placing the Android tablet online for an hour.

(a) Delivery of paper log data shall be received within 4 business days of the vessel landing as referenced in Section F.3.9.

(b) Delivery of electronic data shall be received within 2 calendar days (48 hours) of the vessel landing as referenced in Section F.3.10.

(c) Delivery of biological specimens shall be received within 4 business days of the vessel landing as referenced in Section F.3.11.

Observers shall submit an electronic summary of their trip at the completion of their trip. Electronic submissions must pass NMFS-programmed automated checks to be accepted into the system (i.e. all required fields must be complete, within range, and match with other databases such as with the permit number entered).

Observers shall send any written data and biological specimens directly to NMFS. The Government will provide shipping supplies and protocols after the initial training. The Government will assume all shipping costs related to the mailing of observer paper logs and biological samples. Observers shall assure that biological samples or whole animals requiring freezing are received by the nearest NMFS freezer facility within twenty-four (24) hours of vessel landing. NMFS has freezers located in major fishing ports (Section J, Attachment 9, Freezer Locations). The transfer or transport of the frozen samples or animals must be received by NMFS (Observer Training Center) within four (4) business days of the trip landing, unless a delay is authorized by the COR. The costs for travel associated with transport of biological samples will be reimbursed under the travel provision section herein (Section B.2, Schedule of Items, CLIN 0002, 0007, 0012, 0017, 0022). If the data are late, NMFS reserves the right to place the observer on a priority or probationary status (Section J, Attachment 10, Data Quality Monitoring and Improvement Measures).

C.4.2.3.2 Observer Communication Observers shall maintain regular contact with their assigned NMFS debriefer. All observers shall call their debriefer prior to making a trip in a fishery or program covered for the first time or as requested. Observers shall return phone calls or reply to email questions as soon as realistically possible (i.e., before departing on a multi-day trip). NMFS can request that an in-person meeting occur with an observer at any time. These meetings will take priority over accomplishment of the sea day schedule. All travel costs associated with required debriefings and meetings with NMFS will be reimbursed under the travel provision section herein (Section B.2, Schedule of Items, CLIN 0000002, 0007, 0012, 0017, 0022) and the observer hourly rate will be reimbursed under the hourly rate provision section herein (Section B.2, Schedule of Items, CLIN 0004, 0009, 0014, 0019,0024). Occasionally, observers may be asked to speak to the media about the work they do. If approached by the media, observers should contact the COR and their provider and provide details on what was discussed. Observer discussions with the media should be focused specifically on their work as a contract observer and NOAA’s mission objectives according to the Science Integrity

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Document (http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-735-D.html).

Observers shall refrain from incorporating personal opinions or speculations.

NMFS staff will provide written memo updates to the Contractor regarding any new or changed sampling protocols, data collection procedures, or other collection or reporting procedures. The COR may request that the Contractor send any updates to the program or memos directly to the observers electronically, with a copy to the COR, within 24 hours from the time the Contractor receives the updates. . The Contractor shall make certain that observers read memos, are aware of all updates, and comply with changes, as applicable.

The Contractor shall require any observer who leaves the program to come into the Observer Training Center and complete all exit procedures including an in-house exit interview with NMFS (Section J, Attachment 11, Exit Procedures).

The final roster for NEFOP training should include the following for each observer, the observers’ primary port used, contact information(full name, mailing address, residential address, e-mail address, cell phone number, home number, emergency contact name and phone number), and working status (full time, part time, or Leave of Absence). If there is a change made to any variables in the list, updated information shall be provided to NMFS immediately (Section J, Attachment 12, Work Status Policy) (Section F.3.12).

C.4.3 OBSERVER SUPPORT SERVICES

C.4.3.1 Logistic and Operation Support for Observer Deployment

The Contractor shall provide complete logistical and operational support to observers.

C.4.3.2 Training and Debriefings

At least 95% of new observer recruits are expected to pass the required training course (Section J, Attachment 5, Training and Program Standards) and the required physical examination (Section J, Attachment 5, Training and Program Standards).

Training costs are reimbursable and are intended to include all costs associated with observer training (initial, refresher recertification, and safety trainings), including, but not limited to, salary during the training period, per diem (meals & reimbursements and lodging), travel, and miscellaneous equipment for use during training (as authorized or requested by the Government) (Section B.2, Schedule of Items, CLIN 0003, 0008, 0013, 0018, 0023).

Observer candidates shall undergo an initial three (3) week (approximate) certification training session with NMFS.

A series of tests will be administered during this training that candidates must pass in order to continue with training (Section J, Attachment 5, Training and Program Standards). Candidates must demonstrate their potential to collect accurate field data, react to unfamiliar situations at sea in a professional manner, and participate in a minimum of one port orientation tour (Section J, Attachment 7, Port Orientation Program). NMFS personnel as well as specialists in other areas such as vessel safety shall conduct training.