FinalRFQEA133F-20-Q-NFFM-0156.pdf

Attachment A

RFQ 1305M2-20-Q-NFFM-0156

NOAA/NMFS/NEFSC

Cooperative Research Branch

Contract Number:

Contractor:

Data Waiver

I agree to the release of all data collected while performing work under the above-referenced contract, including:

1) All trip, effort, catch (kept and discard information), landings, and apportionment data

3) GPS data including position, speed, and track angle collected during project activities

4) Operations data collected during project activities

5) Vessel-related significant events

6) Gear specifications

7) Additional environmental data (optionally collected) including, but not limited to:

- Temperature and depth data

- Net mensuration data

- Weather data

Data collected under this contract is submitted directly to and is maintained by the Northeast Fisheries Science Center. Only subtrip level data that is collected to meet federal reporting requirements is submitted to the Greater Atlantic Regional Fisheries Office.

This contract supports current research topics relating to enhanced stock monitoring through the use of electronic reporting technology and testing, tracking the use of more selective fishing gears and practices, linking oceanographic and socioeconomic factors to fishery models, and real-time data transmission.

Vessel Owner Signature Date

NONDISCLOSURE AGREEMENT AND STATEMENT OF FINANCIAL

INTEREST NORTHEAST FISHERIES SCIENCE CENTER (NEFSC)

ACQUISITION FOR

ATTACHMENT B

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

I understand that in connection with my participation in the NOAA NMFS/Study Fleet Services Acquisition, I may acquire or have access to information relating to any aspect of that acquisition. I hereby agree that I will not discuss with or reveal to any representative of any governmental entity, business organization, other entity, or any individual person (except persons specifically authorized by the Contracting Officer (KO)), either within or outside the U.S. Government, any aspect of the NOAA NMFS/Study Fleet Services acquisition. The term “any aspect of the NOAA NMFS/ Study Fleet Services acquisition” includes, but is not limited to, information contained (or to be contained) in any acquisition documentation created by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration pursuant to FAR Subpart 7.1, requests for quotations, source selection information (as that term is defined in FAR § 2.101), trade secrets and other proprietary information (18 U.S.C. § 1832, §1905), the number and identity of Government personnel involved, and the schedule of key technical and acquisition events in the acquisition process. Except as specifically authorized by the KO, release of such information is not authorized. I agree that this obligation shall continue both during the period of my current participation and thereafter.

I recognize that a significant factor in the successful and proper completion of the NOAA NMFS/ Study Fleet Services acquisition is the strict confidentiality observed by all participants in the various evaluation, review, and discussion groups concerning all of the activities and procedures involved in acquisition development, and that failure to comply with these requirements may compromise the award decision. I acknowledge that the unauthorized release of acquisition information may result in the termination of my participation in this acquisition. Furthermore, I am aware that the unauthorized release of such information may subject me to criminal and civil penalties and adverse personnel actions.

In the event that I release any information described above or become aware that someone else has released such information, I agree to so advise the Contracting Officer.

When advising the Contracting Officer, I will provide him/her with the following information: (1) the business organization or other entity, or individual person, to whom the information in question was divulged, (2) the identity of the person that disclosed the information, and (3) the content of the information.

I further affirm that if I am notified of the identity of Quotes, their subcontractors, joint venture partners, and team members by whatever means, I will:

(1) disclose to the Contracting Officer and to DOC Office of Counsel, Contract Law Division and Ethics Division whether I or any member of my immediate family* have any holdings or interest whatsoever in any Quote, their subcontractors, joint venture partners, or team members, and (2) if I or a member of my immediate family1* acquire

1 *The interest of a spouse, minor child, or other member of the employee’s immediate household is reported in the same manner as an interest of the employee.

https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145507 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145507 http://uscodebeta.house.gov/view.xhtml?req=granuleid:USC-title18-section1833&num=0 http://uscodebeta.house.gov/view.xhtml?req=granuleid:USC-title18-section1905&num=0

NONDISCLOSURE AGREEMENT AND STATEMENT OF FINANCIAL

INTEREST NORTHEAST FISHERIES SCIENCE CENTER (NEFSC)

ACQUISITION FOR

ATTACHMENT B

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 holdings or interest in any Quote, their subcontractors, joint venture partners, or team members, notify the Contracting Officer and will not participate in any aspect of the NOAA NMFS/ Study Fleet Services unless authorized to do so by the Contracting Officer and DOC Office of General Counsel Contract Law Division and Ethics Division.

If I am a DOC or DOC/NOAA employee and have been required by the Contracting Officer to complete the OGE Form 450, OGE Form 450-A or SF 278, a copy of my most recent OGE Form 450 or SF 278 is on file or is to be submitted prior to my participation in the NOAA NMFS/ Study Fleet Services acquisition.

Signature and Date Contractor

Printed Name Phone Number http://www.ogc.doc.gov/ogc/contracts/cld/cld.html http://www.ogc.doc.gov/ethics.html http://www.oge.gov/Forms-Library/OGE-Form-450--Confidential-Financial-Disclosure-Report/ http://www.oge.gov/Forms-Library/OGE-Form-450-A---Confidential-Certificate-of-No-New-Interests-(Executive-Branch)/ http://ogc.doc.gov/documents/SF278.pdf

QUALITY ASSURANCE SURVEILLANCE PLAN

(QASP)

ATTACHMENT C - RFQ 1305M2-20-Q-NFFM-0156

1.0 INTRODUCTION

This Quality Assurance Surveillance Plan (QASP) is pursuant to the requirements listed in the Performance Work Statement (PWS) for Study Fleet Program Contractors. This performance-based plan sets forth the procedures and guidelines that the NOAA Fisheries Study Fleet Program will use in evaluating the technical performance of contracted vessel participants.

2.1 PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored.

• How monitoring will take place.

• Who will conduct the monitoring.

• How monitoring efforts and results will be documented.

• How monitoring results will impact contract payment.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government's responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a "living document" and the Government may review and revise it on a regular basis. QASP changes shall be done bilaterally and in writing through mutual agreement of the parties through contract modification. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

3.0 PERFORMANCE STANDARDS

Performance standards define desired services. The Government will monitor contractor performance to determine if contractor participation is 'Satisfactory' or 'Unsatisfactory'.

Technical Preparedness - During the first quarter of this contract, the contractor will acquire all required information technology and equipment and participate in software training.

Data Quality Standards - After the first full quarter of this contract, payment will be based on quarterly reporting that satisfies data quality standards. A report detailing the vessel's Study Fleet activity (Attachment 1: Fiscal Quarter Performance Summary) will be automatically generated at the end of each quarter to determine if all quarterly performance requirements meet contractual and data quality standards.

4.0 PERFORMANCE INCENTIVES

4.1 PAYMENT REDUCTIONS AND TIERS

The Government shall use Payment Reductions and Tiered Compensation Levels (TLCs) as incentives. Incentives shall be based on performance standards evaluated at the end of each performance quarter as described. Payment reductions and Tiers will be assigned for requirements that do not meet the data quality standards provided in Section

14.1 Data Quality Standards. The Government shall measure the Data Quality Standards each quarter to determine contractor performance.

The TCLs are as follows:

Tier 1- ‘Satisfactory’

Tier 2 - 'Unsatisfactory'

4.2 INCENTIVES

Reduced and Tiered Payment strategies will be employed which is based on contractor performance for a given quarter and the results of the quarterly evaluation system.

Payment Reductions and Tiers will be as follows:

a. Reduced first quarter payment of 50% if contractor does not acquire necessary information technology and equipment, and participate in software training during first contract quarter.

b. Reduced quarterly payment of 33.33% for every period of more than 30 days without fishing or providing FLDRS data reporting.

c. Tier 1 - ‘Satisfactory’: All performance metric AQLs have been met; Contractor will receive

100% of the price for CLIN 0001 (CLINs 0008, 0009, 0010, and 0011 in the Option Years).

d. Tier 2 - ‘Unsatisfactory’: Performance metric AQLs for data collection are not being met;

Contractor will receive 50% of the price for CLIN 0001 (CLINs 0008, 0009, 0010, and 0011 in the Option Years).

5.1 PROCEDURES

5.2 ROLES AND RESPONSIBILITIES

5.2.1 GOVERNMENT

The following personnel shall oversee activities conducted under the contract agreement.

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship.

The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor's performance.

b. Contracting Officer's Representative (COR) - The COR is responsible for monitoring, assessing, and communicating the technical performance of the contractor and assisting the contractor. The COR will have the responsibility for completing QA monitoring procedures used to document the evaluation of the contractor's work performance.

5.2.2 CONTRACTOR

Contractor personnel are responsible for ensuring that satisfactory performance levels are met during each performance period. This typically includes the vessel captain and crew who use Electronic Logbook software; however, ultimate responsibility lies with the vessel owner and/or the appropriate corporation or company.

5.3 PERFORMANCE MONITORING

In an effort to minimize the contract administration burden, a simplified and unbiased method of evaluation shall be used by the Government to evaluate contractor performance.

5.3.1 An automated, quarterly evaluation system will be employed which will characterize contractor performance compared to the Performance Requirements outlined in the PWS (refer to QASP Attachment 1 - Fiscal Quarter Performance Summary). This system will objectively determine the contractor's appropriate rating level based upon their participation and will be based on the Performance Metrics provided at Section 14.1 to the Study Fleet Contract.

5.4 QUALITY ASSURANCE (QA)

5.4.1 The Government's QA monitoring, accomplished by the COTR (and others as designated by the CO or COTR) will be reported using Attachment 1 - Fiscal Quarter Performance Summary. The form, when completed, will document the COTR's understanding of the contractor's performance under the contract as determined by the automated, quarterly evaluation system to ensure that the requirements stated in the PWS are met.

5.4.2 Quality Assurance monitoring will occur throughout the period of the contract. Performance Metric 1 (IT, Equipment, Training) will apply to the first contract quarter. All other Performance Metrics will be assessed according to the Performance Monitoring standards after the completion of the first full fiscal quarter of the contract; this will allow for proper installation, systems training and the development of data recording habits.

5.4.3 The COR (or others as designated by the CO or COR) will retain a copy of all completed QA monitoring forms.

6.1 FAILURE TO PERFORM

Repeated failure to meet quarterly requirements or performance at the Tier 2 level may result in non-exercise of contract options or possible termination for cause.

6.2 NOTIFICATIONS

Contractors will receive a copy of the Fiscal Quarter Performance Summary after each performance period. Contractors performing at the Tier 2 level will be notified in writing after the first quarter of 'Unsatisfactory' performance.

6.3 TERMINATION

Repeated failure to meet quarterly requirements or performance at the Tier 2 level may lead to failure to award contract options or possible termination of the contract for cause per contract clause Federal Acquisition Regulation (FAR) 52.212-4 Contract Terms and Conditions - Commercial Items, subparagraph (m) Termination for Cause.

7.0 LIST OF ATTACHMENTS

Attachment 1 - Fiscal Quarter Performance Summary

Attachment 1- FISCAL QUARTER PERFORMANCE SUMMARY

Quarterly Requirement Evaluation Quarterly Payment Status

Information Technology, Equipment, and Training

Operational data collection system and training by completion of first quarter

Percent Payment Reduction =

Fishing and FLDRS reporting activity occurs within every 30 day period of contract

Number of 30-day periods per quarter without fishing or FLDRS reporting =

Data collected and submitted on at least 75% of commercial trips within 30 days of the trips

100% of tow records show hail estimates for kept and discarded catch

100% of dynamic data fields entered when required

Percentage of commercial trips with data collection and upload within 30 days =

Percentage of tows with hails estimates for kept and discarded catch =

Percentage of required dynamic data fields entered =

Total Payment Reduction Percentage = Total Payment Percentage =

Attachment D - Study Fleet Contractor Information Template

RFQ 1305M2-20-Q-NFFM-0156

VESSEL DETAILS

Vessel Name:

Home Port/State:

Vessel: Permit #: Hull ID:

USCG Insp. Sticker:

Mo:

Yr:

Life raft capacity:

EPIRB: Y N Location:

Construction: Year: Shipyard:

Measurements: Length: Beam: Draft:

Tonnage: Gross: Net:

Engine: mk/model: Year: HP:

Accommodations: Head: Y N # of Bunks:

Vessel Email: Satellite Phone:

Owner/Company:

Company Contact: email:

Address:

Office Phone:

Cell Phone:

Fax Number:

Company Duns No.

CAPTAIN DETAILS

Primary Captain:

Operator #:

Yrs. as Captain:

Cooperative Research

Experience:

Secondary Captain:

Operator #:

Yrs. as Captain:

Cooperative Research

Experience:

VESSEL ELECTRONICS

Primary GPS: Make: Model: Software version:

Depth Sounder: Make: Model:

VMS: Y N Brand: MCT/Serial:

Net/Gear Sensors:

Other Electronics:

Electronic Tech.: City, ST: Phone:

FISHING ACTIVITIES

Permit(s) Held:

(include length of time in each fishery)

Type of Gears Used:

Areas Fished:

Avg # Days Fished Per Year

Crew Size: (including captain)

Max. Trip Length: # Days:

Trip limitation:

fuel H2O provisions stability crew

Catch Storage: # Freezers:

Ref.

Seawater: Y N Ice:

Y N

Conveyor: Y N

VESSEL INSURANCE

Insurance Carrier:

Address: State: Zip:

Contact:

Phone:

Include Photocopies of: - Vessel Fishing permits

- Stability Letter/Insurance Carrier Inspection

- Current Insurance Policy

- Landings allocation letter from NMFS

- Medical Certifications- First Aid/CPR/AED

- Licenses held by Captain and Crew

List below, similar jobs, which you have successfully performed in the past, for the U.S. Government and other Companies.

PAST PERFORMANCE INFORMATON

Point of Contact/Phone/E-mail Address

Year Contract Amount

Government Agency

Contract Number Dollar Amount

Additional Applicant Comments:

Attachment E: Historical Guidance for Study Fleet Vessel Participation

The Northeast Fisheries Science Center (NEFSC) Cooperative Research Branch has developed an electronic logbook system that supports detailed tow by tow recording of fishing effort and catch (kept and discarded portions) with associated temperature and depth data. During the logbook development, and subsequently, commercial fishermen have been hired under contract to use the system to report catch and effort data on a tow-by-tow basis under normal fishing operations, and test new versions of software and data collection equipment

The contractor shall assist in collecting tow-by-tow data through an electronic logbook system. This will be accomplished through use of the Study Fleet FLDRS software, or sector management electronic reporting tools capable of collecting the necessary data elements. Contractors will record data with this equipment while in normal fishing mode. The contractor will also assist in testing additional system capabilities related to software updates, GPS polling, time-temperature-depth probe use. Work will be on a schedule consistent with the vessel’s fishing practices.

A laptop computer with certain specifications and means to transfer the data will be required for participation under this contract. The contractor may also be asked to participate in meetings, either local or requiring travel, and may be asked to collect additional biological information while fishing, such as fish lengths or sex. Participation in these additional activities will occur on an agreed-upon basis. The following historical pricing information is provided for use in developing applicant quotes.

Contract Line Item 001:

Performance Requirement 6.2: Required Hardware. Hardware expenses have historically ranged from $500-$1,000 (see breakdown below). Equipment installation has ranged from $300-$400.

Performance Requirements 6.7 & 6.8: The Contractor shall transfer data from the vessel to NEFSC databases and review and confirm trip data. Vessels may transmit their trip data via VMS, through an online reporting portal from a shore-based computer with internet access, through a wireless laptop connection and data service plan onboard the vessel, or through approved sector reporting systems. Vessels which are required to use a Vessel Monitoring System (VMS) may use this system for transferring Study Fleet data from the vessel to the NEFSC. The increased data capacity necessary for VMS transmission of Study Fleet data has historically cost approximately $80 per month, or $960 annually. Trip data may be transmitted from a shore-based computer, or via a wireless laptop connection and data service plan onboard the vessel. Historical pricing for a mobile broadband card ranges from $0-100 with data service plans ranging from $40- 100 per month.

Contract Line Item 002:

Performance Requirement 7.0 is a contract option which may be exercised only at the Government’s request and provides additional payment for fish sample purchases. Fish prices are included in the PWS and should not be included in the quote.

Contract Line Item 003:

Performance Requirement 8.0 is an option item for the collection of biological information and other relevant scientific information, such as fish lengths or sex.

Experience with various universities and other bio samplers indicate that a price of approximately $150 per day has historically been provided for this type of work.

Contract Line Item 004:

Performance Requirement 9.0. is an option item for contractor travel to participate in cooperative research meetings. A placeholder figure of $200 is included on the quote sheet. If exercised, a negotiated price based on the agreed upon travel will be used to exercise this option.

Contract Line Item 005:

Performance Requirement 10.0 is an option item for additional insurance The quote for this requirement should be reflective of the price of an insurance rider providing coverage for one (1) person for a period of 10 non-consecutive days. Historical pricing for this insurance has ranged from $300-$1,000 depending on current level of coverage.

Contract Line Item 006:

Performance Requirement 11.0 is a contract option for additional work. No price guidance is provided for this option. A placeholder value of $500 is included in the quote sheet. If exercised, this option will be priced in the form of a negotiated price per day in a separate process when the work is available, according to the PWS.

Contract Line Item 0007:

Performance Requirement 12.0 is a contract option which may be exercised only at the Government’s request and provides additional payment for participation in local meetings less than five hours in duration. The base price of $50 per meeting is included in the contract schedule.

Contract Line Items 0008, 0009, 0010, & 0011

These line items are options to continue the basic electronic reporting services for option years 1, 2, 3, and 4 and should be reflective of Contract Line Item 1:

Performance Requirements 6.3-6.9.

Breakdown of Minimum Vessel Electronics and Equipment Specifications:

Within 30 days of contract award, the Contractor shall provide a computer with the following specifications: A secondary GPS unit may be required which will be integrated with the Study Fleet computer or data collection equipment. Historical information indicates the following price guidance for this equipment.

Required Equipment for FLDRS use:

1. Dedicated Laptop Computer with the following minimum specifications: ($600)

a. Operating System: Windows 10 (32 or 64-bit) operating system. Note:

Windows Vista has led to multiple technical issues and Windows 8 and Apple (Mac) products have not been tested.

b. Processor: I3 or later.

c. Hard drive: 60 GB minimum.

d. Memory: 2+ GB.

e. USB 3.0 A ports: Min of 3 ports +.

2. Dedicated GPS Receiver – must interpret NMEA 0183 data sentences - Note: Furuno and

Northstar units have been used with great success: the Global Stat BU-353 USB GPS is a USB-port enabled GPS that has also worked well. Furuno GP-32 does not work with our systems.

3. Battery Backup/Surge Protection.

4. 4-port Serial to USB Converter or a single serial-to-USB converter for each required data feed (2+).

5. One USB 2.0 Flashdrive: 2+ GB (allows backup and land transmission of files).

6. Optional Equipment:

a. Serial port: RS232 serial port (highly recommended but not essential if compatible serial-to-USB converters are purchased).

b. Internal or External WiFi device and connectivity highly recommended (not required but will allow for data submission via internet rather than VMS).

Recommended Accessories:

1. Trackman or Trackball Mouse ($30) (highly recommended)

2. External Keyboard ($30) (recommended for fixed gear and wet wheelhouses)

3. Laptop Locking Cable ($40)

Attachment G

12. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Offeror represents that-

(1) It is 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;

and

(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)