Solicitation_EE133F15RQ0718.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . 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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

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:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 26 EE-133F-15-RQ-0718

0001 PAIRED SET OF HAULS in accordance with statement of work. NOTE: Net must be fished with and without the cable TED. Shall include data collectors, training, insurance, gear repair, and project management.

Additionally, an approved Vessel Suitability Report is required prior to use of the vessels.

Period of Performance: 07/15/2015 to 11/30/2017

30.00 EA

0002 DRAFT AND FINAL REPORT in accordance with statement of work.

Draft Report Cost: $________ Final Report Cost: $________ Include total on Pricing Schedule.

1.00 LO

OPTIONAL ITEM QUANTITIES - [SUBJECT TO

AVAILABILITY OF FUNDS]

OPT

0003 PAIRED SET OF HAULS in accordance with Statement of Work.

NOTE: Paired set of hauls. Net must be fished with and without the cable TED. Shall include data collectors, training, insurance, gear repair, and project management.

34.00 EA

Table of Contents

PAGE 4 OF 26 EE-133F-15-RQ-0718

SECTION

. 1 INSTRUCTIONS TO QUOTER

. 2 SECTION 1 - STATEMENT OF WORK

. 3 SECTION II - CONTRACT TERMS AND CONDITIONS

. 4 SECTION III - SOLICITATION PROVISIONS

PAGE 5 OF 26 EE-133F-15-RQ-0718

SECTION

. 1 INSTRUCTIONS TO QUOTER

1. Quotes may be submitted by electronic means to kelly.taranto@noaa.gov or faxed to 508- 495-2004. It is the contractor’s responsibility to ensure the electronic quote has been received.

When submitting your quote include your DUNS number and complete all required sections of the SF1449. If you have any questions regarding the quote process please contact Kelly Taranto via email only. Please cite the solicitation number in the subject line.

2. This is a firm fixed price requirement and 100% set aside for small business. The Government intends to award a single award in response to the solicitation.

3. BASIS FOR AWARD: Award will be made on a best value basis with non-price factor being more important than price. See Section III, 52.212-2 EVALUATION-COMMERCIAL ITEMS for the evaluation factors and submission requirements. The evaluation factors in order of importance are:

a. Past Performance (*)

b. Price

*Past Performance: Quoters shall demonstrate relevant past performance. Relevant past performance is performance under contract or efforts (within the past 3 years) that is of the same or similar scope, magnitude, and complexity to what is described in the solicitation. Quoters shall submit with quote: description of past requirements, dates of performance, client contact name, client contact phone number and client contact email address. See Attachment A for Past Performance Template Form.

4. WHEN PREPARING QUOTE

The expenses for completing this work shall include all potential costs, including staff time, training, travel expenses, safety equipment, and all materials needed by the contractor to adequately and safely complete the tasks.

5. LINE ITEMS FOR QUOTATION [Enter quoted prices on SF1449 Pricing Schedule]

a. CLIN 0001 - Paired tow costs (30) including vessel, data collection, training, insurance, etc.

b. CLIN 0002 - Draft of final report with data analysis and final report

c. CLIN 0003 - Optional quantity of additional paired tows (see CLIN 0001). NOTE:

Subject to performance results and availability of funds.

6. All quoters must complete and submit with the quote, The Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) —See Attachment B.

7. In accordance with FAR 52.204-7, Contractor registration in the “System for Award Management” (SAM) site is required and shall be completed prior to award. Website is located at: https://www.sam.gov/ (See Attachment C, SAM registration instructions)

8. Quotes are due no later than July 8, 2015 @4:00 PM EST

PAGE 6 OF 26 EE-133F-15-RQ-0718

. 2 SECTION 1 - STATEMENT OF WORK

SECTION I

STATEMENT OF WORK

Cable TED Research

1. SCOPE

The Protected Species Branch (PSB) of the National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) is requesting proposals that test gear modifications in otter bottom trawl gear directed on summer flounder to determine the change, if any, on the targeted catch. This work must use a comparative experimental design and be outfitted in trawl gear that is representative of gear commonly used in the commercial fishery. The trawl net with the cable turtle excluder device (TED) must be compared to an acceptable control (e.g., trawl net with the cable TED removed) using accepted comparative sampling strategies.

2. BACKGROUND

Average annual interactions between sea turtles and bottom trawl gear for 2005-2008 were estimated at 292 loggerheads (CI: 221-369), with an additional 61 (CI 41-83) excluded by TEDS (Warden 2011a). These interactions were prorated by managed species landed. For summer flounder, the estimated total loggerhead interactions as attributed to managed species landed averaged 108 (81-136) annually from 2005-2008 for summer flounder (Warden 2011b). In October 2010, the Northeast Fisheries Science Center (NEFSC) hosted a workshop with industry participants, National Marine Fisheries Service (NMFS), and non-governmental Organizations to discuss bycatch reduction technologies to reduce sea turtle bycatch in southern New England and mid-Atlantic trawl fisheries. The participants at this workshop stressed the need for further work to develop a modified TED with better target catch retention in the summer flounder fishery.

Addressing sea turtle bycatch in mid-Atlantic trawl fisheries has also been identified as a research priority by the Greater Atlantic Regional Fisheries Office (see http://www.greateratlantic.fisheries.noaa.gov/Protected/research/st/).

Several studies have looked at TEDs in the summer flounder fishery. A NMFS-funded study completed in 2007 showed that the use of a 51”x32” TED in the summer flounder fishery reduced the catch of the targeted summer flounder by approximately 35% (http://www.nefsc.noaa.gov/nefsc/publications/reports/EA133F-05-SE-6561.pdf). Follow up research looking at both a larger (51”x48.3”) TED and a modified TED showed improved retention (http://www.nefsc.noaa.gov/read/protspp/PR_gear_research/) but the loss still exceeded 25%, a loss amount that concerns the industry (G. DiDomenico, Per. Comm.). The projects that have been completed include: (1) Test of summer flounder catch retention using a 32” x 51” TED with 4” bar spacing versus a naked net1. (2) Tow time data logger developed – preliminary testing1. (3) Test of summer flounder catch retention using a 43.37” x 51” TED with 4” bar spacing versus a naked net1. (4) Test of scallop catch retention using a 43.37” x 51” TED with 4” bar spacing versus a naked net1. (5) Test of silver hake catch retention using a 43.37” x 51” TED with 4” bar spacing versus a naked net1. (6) Test of longfin squid catch retention using a 43.37” x 51” TED with 4” bar spacing versus a naked net1. (7) Certification of the NE modified articulating TED2. (8) Test of summer flounder catch retention using a 43.37” x 51” TED with 4” bar spacing versus the NE modified articulating TED with 5.5” bar spacing3. (9) Test of summer

1 Conducted by NEFSC 2 Conducted by Southeast Fisheries Science Center (SEFSC) 3 Conducted by SNECRI

PAGE 7 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

flounder catch retention using a 43.37” x 51” TED with 4” bar spacing versus the NE modified articulating TED4. (10) Comparative study of a topless trawl with a 106 ft. cutback comparative study versus a standard net and (11) Comparative study of a topless trawl with a 160 ft. cutback versus a standard net We would like to evaluate the cable TED within this fishery.

3. STUDY OBJECTIVES

The Government is requesting the Contractor to test a NMFS-supplied cable TED designed to reduce the bycatch of sea turtles in the bottom trawl fishery for summer flounder. The contractor shall test the supplied cable TED to evaluate the catch retention of the targeted species and to document any operational issues with this BRD. The objective is to find a technology that excludes sea turtles while maintaining target catch. The cable TED to be tested will be tested in the summer of 2015 for its ability to exclude sea turtles. Therefore, this project will focus on the catch retention of summer flounder and other fish species. Proposals must contain comparative research on suitable vessels operating in commercial fisheries. Industry participation in all phases of this project is preferable.

The contractor shall test the cable TED for catch retention and for a 20% difference at an α=

0.10. The testing should be accomplished across multiple strata, utilize different commercial vessels that operate in the fishery, and the research must be conducted in the mid-Atlantic region and/or the southern New England region. The study must utilize the vessel’s bottom trawl gear, and a NMFS-supplied cable TED. The contractor shall ensure that the experimental net equipped with a cable TED and standard net (net without a cable TED) are operating similarly.

Previous work suggests that the testing will require a minimum of 80 tows (40 pairs) of each treatment in a paired study to test for differences in the targeted catch. As such, the contractor shall devise an approved paired study methodology (e.g. alternate haul, paired vessel) that will investigate the catch retention of the prototype cable TED and attain data on paired tows. The level of effort is constrained by available funding. Meaning, the NMFS will fund paired tows at a level depending on the successful respondent’s costs for completing the project.

The contractor shall conduct experiments on an alternate tow basis, control and experimental or a paired haul basis and should follow the guidelines for comparative testing as outlined in the ICES Cooperative Research Report No. 215, Manual for Methods of Measuring the Selectivity of Towed Fishing Gears (available from Henry Milliken email: henry.milliken@noaa.gov). This methodology shall ensure that bias among pairs is reduced and that standard scientific procedures are employed to ensure that the comparison is scientifically valid.

On board the vessels, the contractor shall collect data on the total catch including estimated total weight, and length measurements on all summer flounder and other landed species, or a representative sub-sample if conditions do not permit recording all fish lengths. The contractor shall document any protected species interactions that occur. The contractor shall provide trained scientific data collectors that will be aboard each cooperating vessel participating in the

4 Conducted by NC Sea Grant

PAGE 8 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

evaluations, and shall provide underwater camera systems to video the performance of the cable TED, the gear, and to document any potential problems in the rigging of the cable TED.

The contractor shall insure all data collectors who are on the vessel are versed in NOAA approved sea sampling procedures and ensure that the data collectors have passed an approved fishing vessel safety course. All data collected must be on approved logs. The logs shall be inspected by the Contracting Officer’s Representative (COR) prior to use.

4. REQUIREMENTS

A) Vessel Requirement

i) The Contractor shall charter a minimum of two fishing vessels that traditionally fish otter bottom trawl gear for summer flounder. The vessel shall have adequate berthing and other accommodations to safely and comfortably accommodate up to two Scientific Data Collectors. The vessels shall be properly permitted, have all required safety equipment and adequate space where the Scientific Data Collector can record the required catch information. The vessels shall be representative of vessels that operate in this fishery and have the sufficient horsepower to tow trawl nets with TEDs installed.

ii) It is anticipated that on occasion the study will interfere with the commercial operations and slow the vessel’s ability to fish. Additionally, the vessel’s crew shall assist the scientific data collectors, when needed.

iii) The contractor shall assure that the gear is maintained and that tears or other damage that could affect the performance of the gear are repaired prior to each set of the gear.

iv) The contractor shall provide the trawl nets used in the study. They can use one trawl net and install and remove the extension with the TED, or they can fish two similar nets, one with the TED installed and one without a TED.

v) The vessel shall have permits and quota to target summer flounder for the duration of this project.

B) Training

i) Safety requirements The Contractor shall provide fishing vessel safety training to the Scientific Data Collectors or show documentation that the scientific data collectors have received adequate safety training. This training shall be conducted by certified instructors.

ii) Catch / vessel sampling requirements

PAGE 9 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

The Scientific Data Collectors shall possess training in data collection procedures.

This training shall include species identification, subsampling techniques, proper methodology for recording catch, ship and gear data. The data shall be recorded on NMFS approved data sheets.

C) Data and report requirements

i) Data requirements The contractor shall record information on the catch rates of individual species and representative length-frequency data from the two trawl types being compared. This data must be separated so that the catch and length frequency data for the different treatments and pairs can be compared. The Contractor shall collect catch information on other incidental bycatch species, including protected species (see below) encountered during the study. All data must be recorded on NMFS approved data sheets (e.g., Observer data sheets). Additionally, all data shall be entered and submitted in electronic format i.e., Excel or other spreadsheet program.

ii) Photography requirements The contractor shall take high-resolution digital pictures throughout the course of the study to document the methodology, results and any unusual occurrences or catches. These photographs will become the property of NMFS and be used for outreach.

iii) Publication requirements Because NMFS/NEFSC/PSB has considerable involvement in this project, publications and presentations resulting from this work are expected to include those individuals from NMFS that are substantially involved in this work as co-authors.

iv) Submittal of data All raw data from the paired tows shall be submitted prior to payment. All reports shall include the following in table format: species, number of paired samples, control catch (lbs/hr), treatment catch (lbs/hr), % reduction, p-value, power and confidence intervals around the estimate. The following is an example:

Species Control (lbs/hr)

Treatment (lbs/hr)

% Reduction p-value Power

Sea robin

24.7 (+12.7) 18.0 (+ 8.7) 26.9 0.245 0.270

Redfish 43.5 (+38.5) 31.5 (+13.2) 30.4 <0.05 0.969

In addition to the above, it is desirable to include the standard deviation for the point estimates (as shown in parenthesis).

PAGE 10 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

v) Report format

(1) The final report shall include a complete, accurate, and understandable methods section.

(2) The final report shall include a results section summarizing the data collected, the analysis section will include the appropriate statistical tests of the data and summary as shown above in D(i).

(3) The contractor shall provide in discussion section of the final report, as appropriate, their expert opinion regarding the study design, methodology and data quality. Expert opinions provided on the findings of the study shall be pertinent to and focus upon the work accomplished. In the report, contractors should not provide opinions outside the scope of the project.

vi) Review of report The NEFSC/NMFS will review the contract report to assure U.S. government Information Quality Act standards are met. This review will include a minimum of two reviewers in addition to the COR. Contractors shall address reviewer comments. Final reports, which do not adequately address reviewer comments, may not be disseminated by the NEFSC/NMFS, and may result in the withholding of funds.

vii) Turtle, sturgeon and marine mammal sampling The Scientific Data Collectors will collect information that does not require an ESA research permit. They will not be permitted to handle or directly sample any sea turtles. Any turtles incidentally taken will be handled by the crew of the vessel and returned to the sea. The Scientific Data Collectors shall collect as much information as possible on each sea turtle take without handling the sea turtles.

The Scientific Data Collectors shall be trained to identify the turtles to species.

5. GOVERNMENT FURNISHED EQUIPMENT

The Government will provide the cable TED to be used during the research.

6. PERIOD OF PERFORMANCE

The period of performance shall be 15 July 2015 through 30 November 2017. A draft final report is due two months following the conclusion of the fieldwork.

7. QUALITY ASSURANCE / PROGRESS COMPLIANCE

The NMFS COR will monitor the performance of the contractor to ensure that the schedule, format of deliverables and quality of data are maintained. In addition, the contractor and NMFS shall be in contact regularly to review and address any problems related to the project. The final

PAGE 11 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

evaluation will be on the quality and completeness of the final report. Final payment will not be provided until a peer reviewed final report is provided.

8. TRANSMITTAL/DELIVERY/ACCESSIBILITY

A. Vessel Suitability report: A vessel suitability report must be submitted to the COR at least one month prior to the start of the fieldwork. This report must include the following:

a) Vessel name

b) Captain/operator name

c) Captain/operator phone number

d) Homeport

e) Overall length

f) Beam

g) Horse power

h) Current USCG safety decal number

i) Life raft capacity

j) Year experience of the operator/Captain

k) Previous research experience

l) Primary fisheries

m) Fishing permits

n) Number of crew

o) Number of berths

p) Electronics

q) Deck space for sampling

B. Draft Final report: A draft final report shall be submitted to the NEFSC within two months of the conclusion of the field work The final reports shall be delivered in journal format in electronic format to the COR at the Protected Species Branch, NEFSC, 166 Water Street, Woods Hole, MA 02543. All submitted products will be reviewed by the COR for completeness within 30 days of receipt by the NEFSC.

C. Final report: After the draft final report is reviewed and returned, the contractor shall address all editorial and process questions regarding their report and the project. This shall occur within one month after the return of the corrected report. It is the goal to ensure that the final report uses appropriate analyses and adequately described the methodology and results of the project.

9. SPECIAL REPORTING REQUIREMENTS

PAGE 12 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

The COR has determined that the final (completion) report to be delivered under this contract comes under Section 515 of the Treasury and General Government Appropriation Act for Fiscal Year 2001 (Public Law 106-554), also known as the federal Information Quality Act of 2002.

Consequently, there are additional requirements for documenting methods and providing data.

Upon receipt of the electronic copy of the final (completion) contract report from the COR, the NEFSC Editorial Office will subject the report to the NEFSC’s standard scientific and technical manuscript review procedures in order to assure the quality of the data and information in the report. Based upon the NEFSC’s review of the report, the NEFSC Editorial Office can request additional documentation from the contractor to assure the quality of the data and information in the report. The contractor is obligated to provide any such requested additional documentation.

In particular, when preparing a final (completion) report on research activities and/or findings, the contractor shall fully document the methods (including any statistical analysis) and fully cite the references associated with the research.

By acceptance of this award, the contractor or recipient of this contract agrees to convey to the Government and others acting on its behalf a nonexclusive, irrevocable, worldwide right to reproduce, prepare derivative works, and distribute copies of the full and final (completion) report to the public. Additionally, the NMFS reserves the right to publish the results of this work in a collaborative (shared authorship) manuscript with the contractor.

References:

DeAlteris J. 2010. Summary of 2010 Workshop on Mitigating Sea Turtle Bycatch in the Mid- Atlantic and Southern New England Trawl Fisheries. [Final report; 16 p.] NOAA Contract No.

EA133F10SE2585.

Warden, M.L. 2011a. Modeling loggerhead sea turtle (Caretta caretta) interactions with US mid- Atlantic bottom trawl gear for fish and scallops, 2005-2008. Biological Conservation 144:2202- 2212.

Warden, ML. 2011b. Proration of loggerhead sea turtle (Caretta caretta) interactions in U.S.

Mid-Atlantic bottom otter trawls for fish and scallops, 2005–2008, by managed species landed.

US Dept Commer, Northeast Fish Sci Cent Ref Doc. 11-04; 8 p. Available from: National Marine Fisheries Service, 166 Water Street, Woods Hole, MA 02543-1026, or online at http://www.nefsc.noaa.gov/nefsc/publications/

PAGE 13 OF 26 EE-133F-15-RQ-0718

STATEMENT OF WORK

DELIVERY SCHEDULE (potential time frame) Base period Optional Quantities (if awarded)

C on tra ct

A w ar d

P ro cu re m en t o f s up pl ie s

C on tra ct

V es se ls

At ta in a nd tr ai n da ta c ol le ct or s

C on du ct fi el d da ta c ol le ct io n

W rit e re po rt

R ev is e re po rt ba se d on re vi ew er in pu t

C on tra ct

A w ar d

- o pt io na l q ua nt iti es

P ro cu re m en t o f s up pl ie s

C on tra ct

V es se ls

A tta in a nd tr ai n da ta c ol le ct or s

C on du ct fi el d da ta c ol le ct io n

W rit e re po rt

R ev is e re po rt ba se d on re vi ew er in pu t

July X Aug X Sep X Oct X Nov X X Dec X X Jan 2016 X X Feb X Mar X Apr X May X Jun X Jul X Aug X X Sep X Oct X X Nov X Dec X X Jan 2017 X Feb X Mar X Apr X May X Jun X Jul X Aug X Sep X Oct X Nov X

PAGE 14 OF 26 EE-133F-15-RQ-0718

. 3 SECTION II - CONTRACT TERMS AND CONDITIONS

SECTION II

CONTRACT TERMS AND CONDITIONS

1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/

(End Clause)

2. FEDERAL ACQUISITION REGULATIONS (FAR) 52.212-4 CONTRACT TERMS AND

CONDITIONS - COMMERCIAL ITEMS (MAY 2015)

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

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

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

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

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

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

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

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

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

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

3509).

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

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

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

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

PAGE 15 OF 26 EE-133F-15-RQ-0718

CONTRACT TERMS AND CONDITIONS

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

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

___ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2014) of 52.219-9.

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

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

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

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

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

793).

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

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

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

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the

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CONTRACT TERMS AND CONDITIONS

acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

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

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

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

8259b).

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

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

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

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

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

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

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

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

5150).

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

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

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference

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to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

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

chapter 67).

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

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

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

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

(e)

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

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

3509).

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

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and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

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

793).

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

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

13658).

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

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

4. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a fixed price contract resulting from this solicitation.

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

ITEM (MAR 1989)

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The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor any time during the period of performance.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

6. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days prior to expiration of the current contract period.

(End of clause)

7. COMMERCE ACQUISITION REGULATIONS (CAR) 1352.201-70 CONTRACTING

OFFICER’S AUTHORITY (APR 2010)

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm

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

(a) Henry Milliken 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:

NMFS/Northeast Fisheries Science Center Protected Species Branch 166 Water Street Woods Hole, MA 02543 Henry.Milliken@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

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COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor

(End of clause)

9. CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the Contractor. The Contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of the “Government Property” clause included in this contract.

Item No. Description Delivery Date 1 Cable Turtle Excluder Device (TED) Prior to Cruise

10. NOAA ACQUISITION MANUAL (NAM) 1330-52.242-70 INVOICES

(a) Payment will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment.

(1) Original invoices shall be mailed (via U.S. Postal Service) to the designated billing office as follows:

NOAA/NEFSC

Purchasing Department 166 Water Street Woods Hole, MA 02543 Attn: Susan Henderson e-mail: Susan.Henderson@noaa.gov

(2) A copy of all invoices shall be mailed to the contract administration office as follows:

[see #1 above]

(3) The designated payment office for this contract is:

DOC/NOAA Financial Office 20020 Century Boulevard Germantown, MD 20874

(b) The Government will return invoices that do not comply with these requirements.

(End of clause)

11. 52.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(DEVIATION 2015-02) (FEB 2015)

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(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

12. ASSURANCE BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS

DEVIATION) (MARCH 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that -

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

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(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

CLAUSES INCORPORATED BY REFERENCE

13. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

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

14. FAR 52.245-1 GOVERNMENT PROPERTY (APR 2012)

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

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

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm)

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

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm)

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

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm)

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. 4 SECTION III - SOLICITATION PROVISIONS

SECTION III

SOLICITATION PROVISIONS

1. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means…