Solicitation_EE-133F-16-RQ-0854.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 47 EE-133F-16-RQ-0854

0001 Cost per vessel day in accordance with statement of work.

Period of Performance: 09/15/2016 to 09/14/2017

10.00 DA

0002 Diesel Fuel Cost - Contractor shall be reimbursed actual fuel costs in accordance with Section I, Statement of Work, paragraph 3.8

Period of Performance: 09/15/2016 to 09/14/2017

1.00 LT

OPT

0003 OPTIONAL QUANTITY (if needed and exercised) -

Optional days for chartered vessel - Up to 4 days depending on availability of funds and in accordance with statement of work.

Period of Performance: 09/15/2016 to 09/14/2017

4.00 DA

OPT

0004 OPTIONAL QUANTITY (if needed and exercised) -

Diesel Fuel Cost - Contractor shall be reimbursed actual fuel costs in accordance with Section I, Statement of Work, paragraph 3.8

Period of Performance: 09/15/2016 to 09/14/2017

1.00 LT

$14,520 $14,520

$5,808 $5,808

Table of Contents

PAGE 4 OF 47 EE-133F-16-RQ-0854

SECTION

. 1 INSTRUCTIONS TO QUOTER

. 2 SECTION I - STATEMENT OF WORK

. 3 SECTION II - CONTRACT TERMS AND CONDITIONS

. 4 SECTION III - SOLICITATION PROVISIONS

PAGE 5 OF 47 EE-133F-16-RQ-0854

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 factors 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:

1. Vessel characteristics and configuration, particulars and general arrangement (preferably with photos of deck configuration, berthing arrangement and wheelhouse electronics). (See Attachment 1, Vessel/Contractor Information Template to be submitted with quote)

2. Vessel’s capability to perform same or similar work and any other information important in evaluating the vessel's technical capabilities.

3. Master’s and crew’s work experience and qualifications including copies of licenses held and emergency medical qualifications and descriptions of research qualifications and past research performed.

4. Past Performance – Identify vessel, master’s and crews past performance experience.

Quoters shall demonstrate relevant past performance or affirmatively state no relevant past performance.

5. Price.

Factors 1-4, when combined, are significantly more important than price.

4. 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 2, SAM registration instructions)

5. Quotes are due no later than August 25, 2016 @11:00 AM EST

PAGE 6 OF 47 EE-133F-16-RQ-0854

. 2 SECTION I - STATEMENT OF WORK

Bottom Trawl Gear Efficiency Study

1.0 GENERAL

NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) is seeking a charter vessel partner to participate in a cooperative research study to estimate trawl gear capture efficiency in order to improve assessments of commercially important fish populations in the Northwest Atlantic. A commercial fishing vessel will be selected to conduct research bottom trawl hauls during 10 total sea days with a government option to extend the total number of days up to 14.

To allow for greater collaboration on the study, the exact number of legs, duration of each leg and timing of each leg will be determined in consultation with industry groups/Northeast Trawl Advisory Panel (NTAP) and the contracted vessel. The study will use standard NEFSC 4-seam, 3-bridle survey bottom trawl or similarly sized gear, provided by the NEFSC. Bottom trawl hauls will be conducted in areas of relatively high abundance of commercially important species with the exact haul locations to be determined in consultation with NTAP and the contracted vessel.

2.0 SPECIFIC TASKS AND RESPONSIBILITIES

2.1 Period of Performance

The planned period of performance includes 10-14 days of work is between September 15, 2016 and September 14, 2017. The exact dates of the study shall be determined at a later date in consultation with the contractor. For cruise scheduling purposes, a minimum of 60 days notice will be provided to the contractor. If the research sampling is completed in less than the allocated time, the vessel will be reimbursed for only those days actually at sea (sea days). A sea day is defined as the vessel being at sea away from its planned departure port, transiting to or from planned areas of operation, conducting scientific operations or laying-to due to inclement weather or scientific equipment failures. Calendar days of less than 24 hours will be prorated at an hourly rate based on the daily rate agreed upon for the contract period. Counting of sea days will be suspended if scientific operations are suspended due to vessel equipment failure or the inability of the vessel and/or crew to carry out operations.

Fuel costs will be reimbursed separately from the vessel charter rate at actual costs.

2.2 Cruise Operations

Prior to the commencement of the cruise, the vessel will be made available to NEFSC scientific staff, on mutually-agreed upon date(s), to inspect the vessel, install scientific equipment, and to meet with the Master and owners. Any software, gear, nets and/or equipment installed on the vessel for the purpose of conducting the research cruise will be removed by NEFSC at the end of the cruise.

The vessel must have a minimum of five crew, including Master, mate, engineer and cook, to operate the vessel and to support fishing and scientific operations. The Master and at least one other member of the ship’s crew must be fluent in English. While at sea, the Master is responsible for the operation of the vessel and safety of the scientific staff and crew. The Chief Scientist will be in charge of overseeing the scientific sampling. Any damage to the vessel and its gear which occurs during the cruise is the responsibility of the vessel. The crew is responsible for operation of the vessel, fishing operations and assisting with processing of the catch. It is imperative that all fish be removed from the entire net after each set to ensure that

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all fish recorded are from the correct set. After each set, the catch will be sorted to species and lengths will be collected from selected species. In addition, biological data may also be collected from selected species.

Each cruise leg will take place in the continental waters of the western North Atlantic including Southern New England, Georges Bank and the Gulf of Maine in water depths ranging from 5- 200 fathoms. Fishing will occur day and night; operating on agreed-upon watches, at pre-determined haul locations selected after consulting with industry advisors or the NTAP and provided to the Master prior to departure for his/her review. The fishing gear will consist of a four-seam three-bridle survey bottom trawl rigged with 16 inch rockhopper ground-gear (sweep) provided by the NEFSC or similarly sized gear. The NEFSC standard survey trawl gear is rigged with 20 fathoms bridles and the research project may utilize additional lengths of ground cable, up to 100 fathoms, provided by the NEFSC. The standard survey trawl may be outfitted with an auxiliary trawl, provided by the NEFSC, attached under the main trawl and behind the ground gear. Suitable trawl doors will be provided for each vessel with the help of NEFSC gear specialists. The vessel will be required to provide a fully functioning acoustic trawl mensuration system capable of accurately and consistently measuring door spread, wing spread and headrope height in real time. It is imperative that each haul be conducted according to standard operating procedures which will be provided prior to departure. These procedures will include a standardized tow duration (time net is in contact with the bottom), a standard towing speed, and standardized setting and retrieval procedures. Some time at the beginning of the initial cruise leg may be dedicated to gear trials to ensure proper configuration of the research fishing gear.

The vessel crew will be responsible for repairing any damage to the trawl gear incurred during the study. It is crucial to the success of the study that the gear be maintained in its original, standardized condition. Net mending supplies and a detailed net plan will be provided by the Government. At the end of the charter the vessel crew is responsible for thoroughly cleaning, washing, and baling all nets. This includes removal of all fish, crabs, seaweed, etc. and towing the net behind the vessel until it is free of any biological material. All nets will be neatly stacked and baled securely with rope.

Retention and sale of catch from survey tows will not be permitted. A Scientific Research Permit from the NOAA Fisheries Northeast Regional Administrator will be obtained by the Contracting Officer Technical Representative (COTR) and maintained onboard each vessel for the duration of the survey. No Days-At-Sea (DAS) will be charged to the vessel under this research activity; the vessel will be considered a NOAA research vessel under this contract.

The vessel shall utilize and maintain nautical charts, logs and/or computer software(s) that provide a record of the vessel’s location, operations, operating conditions and any significant vessel-related events. These charts, logs and software output(s) shall be made available upon request of the Chief Scientist. The Master shall provide access to scientific personnel of GPS location data, speed, RPM, and other available operational data during the trawling activities, either by recording or electronically logging these data.

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

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2.3 Provisions

Three (3) meals per day (breakfast, lunch and dinner) shall be prepared by the vessel cook for 5 scientists. Meats shall be included at each lunch and dinner along with two vegetables and dessert or fruit. Milk, coffee, tea, water, cold juice and soft drinks shall be available at all times. Meals, in unregulated quantities, shall be prepared for all members of the scientific crew during each day of vessel operations under this contract.

2.4 Emergency Medical Care, Safety and Health

a. Medical Services. The Contractor shall provide a qualified Emergency Medical Technician (EMT) holding current National certification (preferred) or at least two (2) crewmembers trained in advanced first aid, CPR and automated external defibrillator (AED) use while underway for the duration of the contract. The medical person in charge is responsible to the Master for health of crewmembers and Scientific Field Party personnel including emergency and routine care, preventative medicine and medical administration. The medical person in charge shall assist the Master in developing plans and procedures for dealing with medical emergencies, including obtaining shore side medical advice/assistance and designating and training other shipboard personnel to provide assistance in emergencies.

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

c. Medical Records. The Contractor shall maintain medical records aboard the vessel for Scientific Field Party personnel containing a minimum medical history and on-board treatment records. All Federal and State privacy mandates, including but not limited to, the Privacy Act of 1974 as amended by the Federal Health Insurance Portability and Accountability Act of 1996.

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

2.5 Living and Working Conditions for Scientific Personnel

Accommodations.

All vessels chartered by NOAA shall be outfitted with accommodations for NOAA-authorized personnel at least equivalent to that which is minimally required for crew members and in keeping with

PAGE 9 OF 47 EE-133F-16-RQ-0854

good marine practice. In the case for the scallop survey, NOAA requires berthing for at least thirteen scientists in order to operate two (2) full watches of six (6) scientists for twenty-four hour operations.

For overnight cruises, as a minimum, an individual bunk and locker shall be provided for each NOAA-authorized person unless mutually agreed upon arrangements are made between NOAA-authorized personnel and the vessel operator. An adequate number of staterooms, heads and showers shall be provided to accommodate gender differences and total number of persons aboard to the extent possible.

All living and working spaces, including galleys, mess rooms, heads, showers, berthing spaces, passageways, lounges, recreation areas, store rooms, and laboratory spaces, shall be free of pests and vermin and shall be maintained in a clean and sanitary condition for the duration of the charter.

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

a. Liquor or Illegal Drugs. During the charter period, the possession or use of intoxicating liquor and or illegal drugs by any person, aboard the vessels, is not permitted and may be grounds for termination of the Contract by the Government. The Contractor shall comply with the requirements to maintain a Drug Free Workplace contained in FAR 52.233-6. The Contractor shall comply with all the requirements of 46 CFR Part 16 for chemical Tests for dangerous drugs and alcohol.

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

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

d. At no time during the vessel charter period which includes staging and destaging in-port times, shall any member of the scientific party or crew be subjected to or take part in, any acts of discrimination based on sex, disability, race, color, ethnic nationality, sexual orientation or gender identification. This includes discriminatory comments, jokes, propaganda or harassment whether directly or indirectly involving a member of the scientific party or crew member.

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

f. Water intended for personal use and consumption that is taken, produced, or stored aboard the vessel shall be handled in accordance with applicable regulations. Evidence of bacteriological and chemical testing of shipboard potable water taken from the vessel’s storage tanks via the vessel’s distribution system by a certified laboratory within three months of the charter period shall be provided. Potable water shall be tested and treated to maintain a pH of

6.8 to 7.8 and a residual halogen content of 0.2 ppm to 2.0 ppm free available chlorine (or equivalent) weekly. Water should be free of tastes, odors, and turbidity that would be objectionable to the majority of those on board.

2.6 Passengers

The Contractor shall not permit any passengers to be transported aboard either vessel for any reason without specific approval of the COTR. This restriction applies to Government

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employees, Contractor’s employees who are not crewmembers, Scientific Field Party personnel not assigned to the Scientific Field Party and the general public.

2.7 Security

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

3.0 VESSEL REQUIREMENTS

3.1 Minimum Vessel Specifications

1) The vessel must be capable of safely trawling on the continental shelf of the

Northwest Atlantic in water depths of 5-200 fathoms.

2) The vessel shall have been actively used for commercial trawling or research where trawl gear was used in the past 12 months

3) The vessel must be able to tow the NEFSC survey bottom trawl gear, rigged with 16 inch rockhopper ground-gear, continuously for 30 minutes under all weather conditions. Typically this will require a minimum continuous horsepower of 400 or greater.

4) The vessel must be able to maintain a minimum cruising speed of 8 knots in low sea states.

5) The vessel must be completely rigged for trawling including:

a. A stern ramp and gallows or gantry.

b. At least one net reel; 2 net reels are preferred.

c. Split trawl winches with a minimum of 600 fathoms of trawl wire in good condition and free of signs of excessive wear (frayed, broken strands, excessive corrosion etc.).

d. The ability to accurately measure the length of trawl wire deployed.

6) A well-lit, sheltered deck area clear of obstructions of at least 100 ft2 for use by scientific crew.

7) Electrical power outlets available to work area.

8) The ability to efficiently discard fish overboard. A conveyor system allowing efficient discard is preferred.

9) A dry storage area for scientific supply storage of at least 150 ft2.

10) Sufficient capacity on deck or in hold to store at least one backup net, codend and sweep sections.

11) A suitable, dedicated, dry counter area on the bridge large enough to accommodate one computer and monitor with adjacent 110/115 volt power outlets for collection of vessel sensor data.

12) One (1) dedicated, clean, sanitary, and sufficiently ventilated berth with mattress will be provided for each of 5 scientists. Bunk areas for scientific crew shall contain at least one drawer or closet per occupant for storage of clothing and personal gear. It is preferred that each crew member has a dedicated berth as well.

13) A minimum of one head, one shower and sink with hot water that is available to

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scientific crew.

14) Fresh water supply adequate for 10 people for 12 days (minimum 2,000 gal).

15) Sufficient potable water for 10 people for 12 days.

16) Mess facilities for concurrent seating of 5 people.

3.2 Electronic and Communication Equipment Requirements

1) Radios:

a. VHF (minimum 2)

b. Single side-band

2) Radar (2 units with minimum range 40 nm)

3) GPS (minimum 2 units)

4) Plotters with capability of plotting input from GPS

5) Depth sounders (minimum 2, multiple frequencies preferred)

6) Email capability

7) Weather FAX capabilites desirable but not required

8) Functioning acoustic trawl mensuration system capable of accurately measuring and reporting door spread, net spread and headrope height in real time.

3.3 Crew requirements

1) The Captain shall have a minimum of three years of bottom trawl fishing experience as Master of a comparable-sized trawler in north Atlantic waters, and at least five years total fishing experience as a Master.

2) The Captain shall be competent in the use of modern navigational and fish-detecting equipment and be skilled in the rigging and repair of bottom trawls.

3) At least two other members of the crew shall have a minimum of three years experience in otter trawl fishing and demonstrated experience in building, rigging, repairing and operating bottom trawls. They must possess demonstrated competence for repairing damaged trawls to their original specifications based on a net plan.

4) One crewmember must be designated as the cook. The designated cook should have adequate experience in the planning and preparation of three daily meals at sea for groups of 10 people.

5) Offerors shall include documentation indicating pertinent employment experience for each crew member indicating the requisite experience. Similar documentation will be submitted to the Contracting Officer’s Representative for approval of all replacement personnel propose for hire during the charter.

3.4 Safety

The Contractor shall provide documentation that a USCG Fishing Vessel Safety Inspection has been passed within one year of the start of the cruise. The vessel shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations, Part 28. The vessel shall be outfitted with personal floatation devices and survival craft of sufficient number and capacity to accommodate all on board including visiting scientific party and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. There shall be two identified escape routes from all general areas.

A navigational watch shall be maintained at all times while the vessel is at sea. No crew member shall be required to work continuously in excess of 12 hours at any given time on any

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given day. Under normal operating scenarios, all crew members shall be provided at least two rest periods per 24 hour period, one of which must be at least six continuous hours in duration.

Aboard a vessel employing a one-person bridge watch, a tamper resistant audible watch or bridge alarm in the wheelhouse is required with an activation cycle not to exceed 15 minute intervals during the charter.

The vessel must have an emergency source of electrical power, independent of the main source of electrical power, to provide power to emergency loads in accordance with USCG or SOLAS requirements for a vessel of its size, type, and service. At a minimum, the chartered vessel shall have a means to provide emergency power to the following equipment: emergency lighting, navigation equipment, navigation lights, general alarm systems, and emergency communication systems and equipment. The emergency source of electrical power must be capable of supplying connected emergency loads continuously for at least three hours and must be located in a space or locker other than the engine room. Batteries of sufficient size and capacity may serve as an adequate source of emergency power.

Survival suits for the ship’s crew must be provided by the Contractor; the scientific party will provide their own survival suits. The Government reserves the right to inspect the vessel for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the research cruise. A thorough pre-cruise orientation aboard the vessel shall be conducted for the scientists and crew regarding the vessel’s safety, firefighting and lifesaving capabilities assigned responsibilities and procedures.

3.5 Stability

The vessel shall be of a design and shall be operated and maintained in a condition that warrants it seaworthy and stable in accordance with the American Bureau of Shipping’s Guide for Building and Classing Fishing Vessels and the 46 CFR, Part 28, Subchapter E as applicable, taking into consideration itinerant loads identified herein.

All vessels chartered by NOAA shall have stability information and instructions derived based on tests and calculations, in a format required by regulation applicable to the vessel’s size, type, and service.

The vessel shall have, as a minimum, a Stability Letter that reflects the vessel’s current configuration and intended service, signed by a qualified individual (a recognized naval architect or naval architecture firm having been trained in and having experience in matters of stability calculations) certifying that the vessel meets intact stability requirements, taking into account the loading, over-the-side lifting, and at-sea conditions under which the vessel will reasonably be expected to operate during the charter. The stability letter shall contain instructions and guidance for the vessel’s operating personnel intended to maintain satisfactory vessel stability and shall include information regarding loading constraints and operating restrictions under varying conditions. Vessels 79 feet or less, for which regulatory stability evaluation criteria is not available or applicable, must provide evidence that stability has been evaluated by a qualified individual using best available data in lieu of an official Stability Letter required by regulation.

All vessels chartered by NOAA shall have and shall maintain stability information aboard the vessel. All vessels chartered by NOAA shall be operated in accordance with the vessel’s

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stability instructions and guidance.

3.6 Material Condition, Structural and Watertight Integrity

The Contractor shall provide one or more of the following, reflecting the vessel’s current configuration, as evidence of the vessel being maintained in a seaworthy condition: evidence of a dry dock survey, or underwater survey in lieu of drydocking, and an internal structural examination within the two (2) years prior to the initiation of the cruise; or proof of satisfactorily passing an inspection completed by the Contractor’s marine insurance carrier within one (1) year of initiation of the cruise. The Government reserves the right to inspect the vessel’s material condition with respect to maintenance of vital systems, vessel configuration, and watertight integrity prior to award and commencement of the cruises.

3.7 Regulatory Compliance

The vessel shall be outfitted, operated and maintained to meet all applicable federal, state and local environmental, health, safety and pollution control regulations. The Contractor shall have on board during the currency of this contract all certificates, records and other documents required by applicable laws and regulation including a “Certificate of Financial Responsibility” meeting requirements of the U.S. Coast Guard for vessels over 400 tons.

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

3.8. Reimbursable Supplies - FUEL

(a). The vessel’s fuel tanks shall be topped-off at the beginning and end of each leg. The Government shall reimburse the vessel for the cost of fuel used during a trip, in addition to the daily vessel cost. The Government will reimburse the Contractor only for the actual price paid for fuel. Reimbursement will be provided upon receipt of a copy of the paid invoice attached to a contractor invoice for those services. Payment may only be made to the Contractor of the vessel charter. A Government representative and a vessel crew member shall, together, verify the volume of fuel on board at the beginning of the charter and the end of the charter, in order to ensure the Government pays for no more or less fuel than the performance of the charter requires.

(b). When the Contractor expects total funding expended to reach 85 percent of the total funds available for fuel, the Contractor shall notify the COR and Contracting Officer within one day.

The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule. The Contractor shall not exceed or incur costs that exceed the amount of funding available for fuel. The Government is not obligated to reimburse the Contractor for fuel in excess of the funded amount stated in the schedule.

4.0. Deliverables

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

Item Description Quantity Due Date Delivery to Reference

Structural Inspection Verification 1 EA With Quote COR/CO

Section I, SOW, Para 3.6

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Data Waiver - signed by vessel owner agreeing to release of all data collected during the contract period 1 EA

Within 5 days of award COR/CO

Section I, SOW, Para 2.2

Stability Letter, if applicable 1 EA

Within 5 days of award COR/CO

Section I, SOW, Para 3.5

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. 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 REGULATION (FAR) 52.203-99 PROHIBITION ON

CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (FEB 2015)

(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)

3. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS

(MAY 2015)

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

4. FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JUN

2016)

(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 (Nov 2015)

(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)).

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(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 (Oct 2015) (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 (Oct 2015) (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).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

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

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

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

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

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

___ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business 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 2015) (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 2015) 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)).

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___ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 (Feb 2016) (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 (Oct 2015) (38 U.S.C. 4212).

XX (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 (Feb 2016) (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 (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (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.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

XX (48) 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).

___ (49) 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).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

XX (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

XX (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

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

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

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

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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 (Oct 2015) (41 U.S.C. 3509).

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

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer

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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 (Oct 2015) (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 (Feb 2016) (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).