Attachment_1_Statement_of_Work.pdf

Attachment 1

HSCG23-15-R-MMC004

CONTRACTOR SUPPORT SERVICES IN SUPPORT OF THE OFFICE OF

COMMERCIAL VESSEL COMPLIANCE VESSEL RESPONSE PROGRAM

STATEMENT OF WORK (SOW)

1.0 GENERAL.

1.1 SCOPE. The purpose of this contract is to obtain Contractor professional management and technical support services for the U.S. Coast Guard (USCG) that support the USCG in approving a variety of Vessel Response Plans (VRP). Contractor tasks shall include: (1) supporting USCG-led development of work procedures for processing VRP submittals, (2) supporting the technical review of VRPs, including amendments, (3) providing information management services that support VRP processing, (4) managing VRP storage, and (5) supporting the training of USCG personnel on the processing of VRP submittals.

1.2 BACKGROUND

The USCG is the lead Federal agency for VRPs. The VRP provides the vessel Master, Officers, Specified Crewmembers, and Shore-Based Personnel with a practical guide in responding to oil spills by working with vessel-specific issues. USCG is responsible for the successful development, implementation, monitoring, and management of an effective VRP Program in accordance with the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. § 1321), the Act to Control Pollution from Ships (33 U.S.C. § 1901), the USCG Maritime Transportation Acts (CGMTA), the Oil Pollution Act of 1990 (OPA-90) and the International Convention for the Prevention of Pollution from Ships 1973/1978 (MARPOL 73/78).

The Office of Commercial Vessel Compliance (CG-CVC-1) is responsible for the regulations, policy, procedures, plans, and program oversight of the VRP program. CG-CVC-1 has oversight responsibility for Tank Vessel Response Plans (TVRP), Nontank Vessel Response Plans (NTVRP), Shipboard Oil Pollution Emergency Plans (SOPEP), Shipboard Marine Pollution Emergency Plans (SMPEP), and Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances (SMPEP-NLS) and Hazardous Substance Vessel Response Plans (HSVRP) review activities.

From 1993 to present, USCG has accomplished the following:

• Maintained approximately 700 active tank VRPs covering approximately 8,500 tank vessels, and 2,200 NTVRPs covering approximately 15,500 self-propelled nontank vessels.

• Maintained plans required under MARPOL 73/78: SOPEPs, SMPEP, and SMPEP-NLS. The

USCG maintained approximately 700 SOPEPs covering 1,300 active vessels and approximately 300 SMPEP-NLS plans, covering 300 vessels.

• Rulemaking project for the inclusion of comprehensive Salvage and Marine Firefighting (SMFF) requirements was published as a Final Rule in FY 2008. The rule required tank vessels to pre-contract for specified services capable of responding within timeframes, and selected specifically to handle the risks presented by the vessels in the plans. In 2011, the initial SMFF vessel response plan review covered over 700 VRPs for tank vessels while transitioning to an electronic plan submission and review process. This affected a population of well over 2,000 vessels, each requiring a secondary review of its vessel-specific pre-fire plan.

• Rulemaking project for the NTVRPs was published as a Final Rule in September 2013. The rule required a submission of a comprehensive NTVRP to the USCG for review and approval, including SMFF service requirements. The review of over 2,000 VRPs constituted the largest

VRP review responsibility to date. This affected a vessel population of well over 15,000 vessels, each requiring a secondary review of its vessel-specific pre-fire plan.

The VRP Program is a continuous effort in need of contracted support.

• Complex SMFF resource networks require review and verification by the VRP Program, unlike oil spill removal organizations whose resource networks are classified by the USCG Strike Force Coordination Center. These SMFF service reviews cover 19 services that are located to respond in 42 Captain of the Port zones.

Additionally, there are several regulatory and rulemaking projects that will have an impact on future and existing VRP review. The following developing regulations and rulemaking projects will change the level of review for VRPs.

• Regulations are in development that will require the owners or operators of certain vessels carrying hazardous substances and/or noxious liquid substances in bulk to prepare and submit to the USCG Vessel Hazardous Substance Response Plans (VHSRP) for approval. The completion date for these regulations is currently unknown. The impact of this rulemaking on VRP reviews should be minimal as the vast majority of affected vessels already maintain oil VRPs.

• Annex 1 of MARPOL 73/78, requiring a detailed Ship to Ship (STS) Transfer plan, approved by the flag administration, for each vessel transferring oil at sea. Bunkering and fueling operations are excluded. The STS Transfer plans must be approved by the flag administration by April 2012. The VRP Program is responsible for reviewing and granting flag administration approval for those STS plans not reviewed by a recognized classification society acting on behalf of the USCG. The VRP Program to date has received and approved less than 10 plans as of July 2012.

In 2004, Department of Homeland Security (DHS) published its Strategic Plan “Securing Our Homeland” which outlined seven goals: (i) Awareness; (ii) Prevention; (iii) Protection; (iv) Response; (v) Recovery;

(vi) Service; and (vii) Organizational Excellence. The VRP Program, with Contractor support, enhances the USCG’s ability to support these strategic goals. The VRP Program also:

• Supports USCG strategic goals of maritime safety, protection of natural resources, and facilitating maritime mobility;

• Supports the DHS and USCG Prevention program goal to “Detect, deter, and mitigate threats to our homeland.”

• Enables the USCG to deliver daily customer service to the public and maritime industry by facilitating regulatory compliance with regard to VRPs; and

• Ensures VRPs are reviewed and approved within the timelines required by regulation, thus preventing negative impact on US maritime cargo imports and exports.

As the VRP Program has matured, both the USCG and the maritime industry have identified a need to increase the efficiency and responsiveness of the VRP review process. Therefore, the USCG requires contract support to enhance its management and oversight role in the review process, and has already taken action to implement a reviewed VRP review procedure that focuses more precisely on the elements of a VRP required by law or regulation for an actual spill response.

2.0 REQUIREMENTS.

2.1 Regulatory Review of VRPs. The Contractor shall:

a. Complete a technical review of each new VRP, plan revisions, and plan amendments submitted to the USCG for approval. This shall include a review of each VRP to determine whether the plan is complete and includes the elements required by law, regulation or policy by determining whether the specific measures outlined in each submitted plan will achieve the applicable regulatory requirements and ensure consistency with the National Contingency Plan; recommend a finding of Satisfactory, Unsatisfactory, or Not Applicable for each VRP checklist element based on the detailed criteria provided by the USCG in VRP Express; and consult the USCG for additional guidance for VRPs that cannot be evaluated using VRP Express’ automated protocol or government provided review checklists. Provide approval notification letter to plan holder.

b. Complete all FWPCA and International Maritime Organization (IMO) plan reviews within the specified timeframes as required by SOW 8.0 and provide written notification to the Technical Program Manager (TPM) of any plan that cannot be processed within those established timeframes;

c. Review all new plans and revisions in the order received and in a manner that supports a continuous work flow; make reasonable efforts to reprioritize work flow at the written request of the TPM. If the TPM authorizes an expedited review of a VRP, it shall receive priority over other plans currently under review.

d. Clearly identify deficiencies with regulatory citations and required corrective actions, and provide instructions and due dates for the plan submitter to submit plan corrections. Also prepare correspondence using VRP Express addressed to the vessel owner(s) or operator(s) clearly identifying each discrepancy and the specific regulatory requirement and, if necessary, return the incomplete VRP to its submitter.

e. Conduct a review of each quarterly SMFF Core Geographic-Specific Appendices (GSA) submission that is incorporated into VRPs by reference in order to determine whether or not the GSA is complete and includes the elements required by law, regulation and policy. Immediately consult the USCG for additional guidance for SMFF Core GSAs that cannot be evaluated using government provided review checklists and for identified deficiencies. In addition, when the USCG initiates a verification audit of a SMFF service or services as listed in Table 155.4030(b) of Reference 6.5, compile the results submitted by USCG Districts and recommend a finding of Satisfactory, Unsatisfactory, or No Verification Result for each element and location listed on the verification checklist.

f. Research assignments assigned by the USCG and/or prepare written correspondence addressed to the vessel owner(s) acknowledging receipt of the plan and any specific authorizations outlined by the USCG representative. The correspondence shall also include instructions to the vessel owners for requesting the status of the plan throughout the review process. Correspondence shall be prepared using the automated generation features of VRP Express, with hard copies sent by regular mail only in the event that electronic delivery fails.

g. Record work flow notes in VRP Express and ensure that the history of a plan can be adequately maintained using VRP Express. Review checklists and documents submitted by the plan preparer or plan holder shall also be uploaded to VRP Express for archiving and storage.

h. Final VRP Approval: The automated protocol established by the USCG in VRP Express and associated review checklists contains sufficient checks and balances to constitute final Government approval of the vast majority of VRPs submitted. Immediately consult the USCG for additional guidance and final approval for VRPs that cannot be evaluated using VRP Express’ automated protocol or the associated review checklists.

i. Provide Guidance Updates: The Contractor shall provide to the USCG formal documentation for updates and suggestions for process flow and review procedures as applicable.

2.2 Manage Paper Plan Inventory and Facilitate Correspondence. The Contractor shall maintain the existing inventory of submitted FWPCA and IMO plans, and provide support for correspondence, inquiries, and revisions. All submitted plan materials shall be filed and stored at the Government’s facility, including the approved copy of the applicable FWPCA plan and IMO plan. Addendums, additional appendices, and change pages shall be included into the appropriate plan binder and file with the approved plan copy, if not electronically stored. All replaced pages shall be discarded upon approval of the changes unless specifically instructed by the TPM. Correspondence shall be maintained separately from the plans and shall be filed by control number for VRPs.

a. Receive Plans, Log and Acknowledge Receipt: The Contractor shall maintain a tracking system of all pick-ups and deliveries in the VRP Express Plan Flow Tracking. All VRP mail is delivered to a centralized location in the USCG Headquarters building and must be carried to VRP workspaces. The database shall be updated within one (1) business day of receipt. Upon the TPM’s concurrence, the Contractor shall provide acknowledgment of receipt of the submitter’s VRPs via facsimile/e-mail.

b. Support Plan Expiration Notification: VRP Express will facilitate automated notification of plan expiration. With the TPM’s concurrence, the Contractor shall utilize furnished templates to generate and send one (1) expiration notice via email or by facsimile/USPS should an automated delivery failure notice be received. If a resubmission/recertification is not received, the Contractor shall prepare a “stop ops (operations)” or plan inactivation letter to the FWPCA and IMO plan holder no later than 45 days before a plan is due to expire and forward to the TPM for review and follow-up with the plan holder. If the TPM is unable to reach a resolution with the FWPCA plan holder, the Contractor shall email/facsimile and send via certified mail, with return receipt, the “stop ops” letter signed by the Division Chief of CG-CVC-1, or designated representative. Deadlines that fall on weekends or federal holidays shall have the notice transmitted on the regular working day prior to the holiday.

c. Support Correspondence and Inquiries: The Contractor shall provide technical writing and editing support for the FWPCA Plan and IMO Plan Programs in accordance with the Correspondence Manual, COMDTINST M 5216.4 (series).

i. Nominal Support: The Contractor shall provide support for the VRP Program fax machine and e-mail folder and VRP Express submission tool. They shall answer all inquiries regarding plan review status within four (4) hours of request via e-mail/facsimile for requests received during normal working hours (see SOW 4.6). The Contractor is permitted, and shall under this contract, answer questions concerning plan status (whether a plan is approved or not, whether it has been received for review, clarification on any correspondence, etc.).

Contractor personnel are not permitted to answer any questions concerning policy guidance or interpretation and shall forward those requests to the TPM or the appropriate Government employee. Requests received outside of normal working hours shall be responded to within four (4) hours after the beginning of the following work day. For planning purposes, the

USCG receives up to forty e-mails per day. Any policy questions regarding plan preparation and regulatory interpretation or any other questions that the Contractor cannot answer or is not authorized to answer shall be submitted to the appropriate Government employee.

Reports in response to Freedom of Information Act (FOIA) or other special inquiry requests (e.g. Oil Spill Response Organization) shall be provided as directed by the TPM or appropriate Government employee. Copies of the information contained in the plans and plan files shall also be produced when requested by the TPM. The Contractor shall provide plan revision, correction, and update support for all correspondence received from FWPCA and IMO plan holder(s) for: correction of items, amendments, unsolicited changes, additions of vessels and operating areas or changes in plan status, etc.

ii. Industry Outreach Newsletter: The Contractor shall provide layout and design services to support an industry outreach newsletter published up to four (4) times per calendar year. The Contractor shall also provide content for the newsletter in the form of job aids/best practices suitable for members of the maritime and response industries (see SOW 2.3). The majority of the content will be drafted and edited by the USCG. Previous newsletters can be viewed at https://homeport.uscg.mil/vrp. In accordance with industry standards, a tri-fold brochure may be substituted for one of the quarterly newsletters.

2.3 Maintain VRP Express Database and Websites. The Contractor shall:

a. Maintain data in the VRP Express plan submission/review tool.

b. Research and submit updates to the TPM for posting to the USCG’s industry interface website

(homeport.uscg.mil/vrp).

c. Develop job aids (i.e. FWPCA plan and IMO plan application forms, self-assessment checklists, best management practices for plan preparation and submission) to point out common errors in the plans for the use of plan preparers and plan holders.

d. Submit job aids to the TPM for review, approval, and posting to the USCG Internet website or publication in the quarterly industry newsletter.

e. Enter Plan Data: VRP Express uses two (2) methods for plan submission. Vessel owner/operators or third party plan preparers may upload their plan data directly into VRP Express where they can directly enter all required information specific to the vessel and company.

Alternatively, vessel owner/operators or third party plan preparers may submit hard copy or electronic (emailed or CD, .pdf, or .doc files) plans for review by the USCG. The Contractor shall provide data entry of essential VRP information into VRP Express for those plans not submitted directly by vessel owner/operators or third party plan preparers. The VRP Express plan status screen includes 18 discreet data entry points, including six (6) that must be entered for every vessel in a plan. If the plan is submitted in a hard copy format, the Contractor shall scan the plan and upload the electronic document prior to approval of the new plan or revision (see SOW 2.4) by the USCG. An electronic placeholder document may be uploaded in lieu of the plan with the prior approval of the TPM.

f. Make Marine Information for Safety and Law Enforcement (MISLE) Database Entries:

VRP Express relies on data contained in MISLE to verify and populate vessel specific information in VRPs. The Contractor shall make vessel specific MISLE entries/corrections, including vessel name, owner/operator information, gross tonnage, length, vessel identification number (VIN, e.g. IMO or official number) and flag state. These MISLE entries shall be made https://homeport.uscg.mil/vrp prior to approval of a new plan or revision. The Contractor shall direct vessel owner/operators or third party plan preparers to contact the USCG National Vessel Documentation Center (NVDC) for changes to those data fields controlled by NVDC for U.S. flagged vessels. A new plan or revision shall not be approved without the permission of the TPM until confirmation is received that NVDC has made the required MISLE entries.

2.4. Digitization Support. The VRP Express system will accept scanned copies of paper plans, provided that certain vessel and plan identifying data fields are complete and that the file size meets certain limits.

The primary method of digitization shall be to scan new plans or revisions submitted in a hard copy format. The Contractor shall scan the plan and upload the electronic document prior to approval of the new plan or revision (see SOW 2.3.1). Existing plans shall be scanned, as necessary, and uploaded to VRP Express along with the required data points. If a backlog of plans to be scanned develops, an electronic placeholder document may be uploaded in lieu of the plan with the prior approval of the TPM, and the hard copy stored at CGHQ. The Contractor shall provide hard copy plans that have been superseded in their entirety by electronic files stored on VRP Express to the Government for disposal in accordance with the Physical Security and Force Protection Manual, COMDTINST M5530.1 (series).

The superseded material shall be packaged by the Contractor in burn bags provided by the USCG on a weekly basis. The Contractor and USCG staff will arrange for final disposal. Since VRP information is unclassified, unescorted Contractor personnel are permitted to deliver burn bags to the USCG Base National Capital Region Security Division for final disposal. Scanners, network connection and data storage space, and database management support will be provided by the USCG. The TPM shall monitor review workloads and adjust the level of effort dedicated to digitization as necessary to ensure that regulatory review deadlines are met.

2.5 Policy Guidance/Changes. The Contractor shall incorporate reasonable policy changes or guidance generated and controlled by the USCG into the review process throughout the period of performance.

3.0 GOVERNMENT TERMS & DEFINITIONS.

3.1 ANSI – American National Standards Institute.

3.2 ASQ – American Society for Quality.

3.3 Casualty Package – Compilation of excerpts from a vessels VRP, sent upon request received by

CG-CVC-1 from a USCG Captain of the Port.

3.4 COR – Contracting Officer’s Representative.

3.5 DHS – Department of Homeland Security

3.6 FWPCA Plans – Federal Water Pollution Control Act (applicable and include all VRPs)

3.7 FOIA – Freedom of Information Act.

3.8 GSA – Geographic-Specific Appendices. Section of the VRP meeting the requirements of 33

CFR Subparts D, I, and J, for the identification of a contracted oil spill removal organization and SMFF providers.

3.9 HSVRP-Hazardous Substance Vessel Response Plans

3.10 Homeport – The official USCG information technology system for maritime security created to provide information and services to the maritime community and the public over the Internet.

3.11 IMO Plans – International Maritime Organization plans (include SOPEPs, SMPEPs, and SMPEP-

NLSs).

3.12 ISO – International Standards Organization.

3.13 KO – Contracting Officer.

3.14 MISLE – Marine Information for Safety and Law Enforcement, is a Web-based enterprise information system for entering and obtaining data on USCG activities concerning commercial and federally documented recreational vessels in support of USCG’s marine safety and law enforcement missions.

3.15 Nontank Vessel – a self-propelled vessel of 400 gross tons or greater as defined in NVIC 01-05

3.16 Other Non-Petroleum Oil – Other non-petroleum oil means an oil of any kind that is not petroleum oil, an animal fat, or a vegetable oil.

3.17 Owner/Operator – Operator means person who is an owner, a demise charterer, or other

Contractor, who conducts the operation of, or who is responsible for the operation of a vessel. For the purposes of this subpart only, the operator of a towing vessel is not, per se, considered the operator of a vessel being towed. Owner or vessel owner means any person holding legal or equitable title to a vessel; provided, however, that a person holding legal or equitable title to a vessel solely as security is not the owner. In a case where a Certificate of Documentation has been issued, the owner is the person or persons whose name or names appear on the vessel’s Certificate of Documentation provided, however, that where a Certificate of Documentation has been issued in the name of a president or secretary of an incorporated company, such incorporated company is the owner.

3.18 Plan Holder – Entity on whose behalf a plan is submitted and certified (owner or operator).

3.19 Plan Preparer/Plan Writer – Entity who authors a plan on behalf of a plan holder.

3.20 Plan Submitter – Entity who submits or certifies a plan on behalf of the plan holder.

3.21 NTVRP – Nontank Vessel Response Plan.

3.22 PREP – Preparedness for Response Exercise Program.

3.23 SMFF – Salvage and Marine Firefighting.

3.24 SMPEP – Shipboard Marine Pollution Emergency Plan.

3.25 SMPEP-NLS – Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances.

3.26 SOPEP – Shipboard Oil Pollution Emergency Plan.

3.27 STS Transfer Plan – Ship to Ship Transfer Plan

3.28 TPM – Technical Program Manager is a Government official who is the Manager for the VRP

Program.

3.29 TVRP – Tank Vessel Response Plan.

3.30 VRP – Vessel Response Plan (includes all types of VRPs: TVRP, NTVRP, SOPEP, SMPEP, etc.).

3.31 VRP Express – VRP Express is an online plan submission and review tool located at https://homeport.uscg.mil/vrpexpress. VRP Express automates and standardizes functions of plan review and correspondence preparation. It is the method through which the VRP contract staff reviews plans and issues deficiencies or approval documentation. It also provides instant access to VRPs for plan holders and USCG field personnel to verify plan status and download relevant plan information.

4.0 ADMINISTRATION

4.1 Contractor Personnel.

4.1.1 Project Manager. The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this contract. The Project Manager is further designated as Key by the Government (see SOW 4.2).

4.1.1.1 The Project Manager shall be the single point of contact for the Contracting Officer and the Contracting Officer’s Representative (COR). It is anticipated that the Project Manager shall be one of the senior level employees provided by the Contractor for this work effort. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates shall be able to read, write, speak and understand English.

https://homeport.uscg.mil/vrpexpress

4.1.1.2 The Project Manager shall be available to the COR via telephone during the core hours of 0900- 1600 Eastern Time (ET) and shall respond to the COR within one (1) business day of notification for discussion and resolution of technical problems.

4.1.2 Qualified Personnel. The Contractor shall provide qualified personnel to perform all requirements and within the specified timeframes. All personnel performing work under this contract shall be U.S.

citizens or aliens lawfully admitted to the U.S. for permanent residence.

4.1.3 Employee Identification. Contractor employees visiting Government facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

4.1.3.1 Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display the Government issued badge in plain view above the waist at all times.

4.1.3.2 Contractors working at the USCG HQ shall utilize the Department of Defense (DoD) Trusted Associate Sponsorship System (TASS) to apply for Common Access Cards (CAC) for their employees that require access to a USCG or other Federally-controlled computer information system.

4.1.3.3 CAC for Contractors: TASS. The COR or Contracting Officer will provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via TASS. Completed forms and information shall be submitted as directed by the COR or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

Specific instructions on submission of background investigation information will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation.

The contractor may need to complete the following forms, in OPM’s eQip (http://www.opm.gov/e-QIP) for applicable personnel who will be performing work under this contract as indicated:

• Standard Form (SF) 85P, “Questionnaire for Public Trust Positions”

• FD-258 fingerprint cards

• DHS Form 11000-6, “Conditional Access to Sensitive but Unclassified Information Non-

Disclosure Agreement.” Required o all applicable contractor personnel.

• DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act (FCRA)”

4.1.3.4 Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of USCG IT systems under the contract, unless a waiver has been granted by the USCG Security Director or his/her designee, with the concurrence of both the DHS CSO and the DHS CIO or their designees. In order for a waiver to be granted:

• The individual must be a legal permanent resident of the U. S. or a citizen of Ireland, Israel, the Republic of the Philippines, or any nation on the Allied Nations List maintained by the Department of State;

• There must be a compelling reason for using this individual as opposed to a U. S. Citizen; and

• The waiver must be in the best interest of the Government

4.1.3.5 Contractor or subcontractor employees who are declined a CAC by the USCG Security Center, via the background investigation process, are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract (including employee terminations and resignations), the contractor shall notify the COR or Contracting Officer on the same day the employee stops working and shall deliver the CAC (along with any other USCG-furnished identification cards and/or building passes) to the COR or Contracting Officer within seven (7) calendar days after such notification. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of the individual to who it was issued and the last known location and disposition of the pass or card.

4.1.4 Employee Conduct. The Project Manager shall ensure Contractor employees are aware of, understand, and abide by established USCG rules, regulations, and safety and work practices.

4.1.4.1 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from USCG facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any contract awarded. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

4.1.5 Conflict of Interest. The Contractor shall not employ any person who is an employee of the U.S.

Government if that employment would, or would appear to cause a conflict of interest.

4.2 KEY PERSONNEL. Before replacing any individual designated as Key by the Government, the Contractor shall notify the Contracting Officer no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the Contracting Officer. The Government may designate additional Contractor personnel as Key at the time of award.

4.3 SECURITY. Contractor access to unclassified, but Security Sensitive Information may be required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination.

4.4 PERIOD OF PERFORMANCE. The period of performance for this contract consist of a base period from 02/01/2015 through 11/30/2015 plus four option periods of one (1) year each.

4.5 PLACE OF PERFORMANCE. The primary place of performance will be at the Office of Vessel Activities (CG-CVC), Coast Guard Headquarters. 2703 Martin Luther King Jr. Ave. SE Washington, DC 20593-7501

4.6 HOURS OF OPERATION. Contractor employees shall generally perform all work between the hours of 0800 and 1700 Eastern Time (ET), Monday through Friday (except Federal holidays). However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under this contract.

4.7 TRAVEL. Contractor travel is not required to support this contract.

4.8 KICK-OFF MEETING. The Contractor shall attend a Kick-Off Meeting with the Contracting Officer and the COR not later than (NLT) seven (7) business days after the date of award. The purpose of the Kick-Off Meeting, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's project plan. The Kick-Off Meeting may be held at the Government’s facility, or may be accomplished via teleconference.

4.9 PROJECT PLAN. The Contractor shall provide a draft Project Plan at the Kick-Off Meeting for Government review and comment. The Contractor shall provide a final Project Plan to the COR not later than five (5) business days after the Kick-Off Meeting or receipt of Government comments.

4.10 PROGRESS REPORTS. The Program Manager shall provide a monthly progress report in a format to be determined at the kick-off meeting. The report shall accurately document the status of important activities and progress of all related work. The report shall outline suggestions for improving existing processes; include any staffing changes, any expected or unexpected technical or management problems, and significant findings or noteworthy trends. In addition, the report shall include the following information:

4.10.1 Number of VRPs received and processed to date.

4.10.2 Number of submissions received during the previous month.

4.10.3 Number of plans remaining in the review queue at the end of the previous month.

4.10.4 Date of receipt of oldest submission at the end of the previous month.

4.10.5 Number of VRP inquiries during the previous month

4.11 PROGRESS MEETINGS. The Project Manager shall meet with the COR in person (if feasible) or by telephone to discuss Contractor performance and progress upon the COR’s request. The frequency of these meetings will be determined by the COR. A mutual effort will be made during these meetings to resolve any problems identified.

4.12 GENERAL REPORT REQUIREMENTS. The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with USCG Standard Workstation III (Windows Vista and Microsoft Office Applications).

4.13 INTELLECTUAL PROPERTY. All documentation, photography and electronic data and information collected by the Contractor and entered into or generated in support of this contract shall be considered Government property, and shall be returned to the Government at the end of the contract.

4.14 PROTECTION OF INFORMATION. Contractor access to information protected under the Privacy Act is required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination IAW the law and Government policy and regulation.

4.15 SECTION 508 COMPLIANCE. Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so.

Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. For additional information, please refer to FAR 39.2 or http://www.section508.gov.

http://www.section508.gov/

4.16 NON-PERSONAL SERVICES

It is a matter of policy within the U.S. government to rely on the private sector for needed commercial services. However, using contractor support must be done in a way that does not interfere with the Government’s ability to effectively create government policy, monitor contractor performance, or maintain a competent and highly-skilled workforce. Information provided herein sets forth guidance stating the Government’s limitation on contractors performing personal services and its’ restriction of contractors performing inherently governmental activities for government requirements.

In accordance with federal procurement policies and regulations, no personal services or inherently governmental activities shall be performed under this SOW. No contractor employee will be directly supervised by a Government employee. All individual contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship and/or result in a contractor performing inherently governmental activities between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication, direction or action.

No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this SOW, contractor employees shall identify themselves as contractor employees by specifying the name of the company for which they work. In all communications with other Government contractors in connection with this SOW, the contractor employee shall state that they have no authority to in any way to change requirements and that if the other contractor believes this communication to be a direction to change their contract, they should immediately notify the Contracting Officer and not carry out the direction until a clarification has been issued by the Contracting Officer.

An activity may be provided by contractor support where the contractor does not have the authority to decide on the course of actions, but is tasked to develop options or implement a course of actions with agency oversight. Furthermore, a commercial activity related to the procurement of these SOW requirements is not so intimately related to the public interest as to mandate performance by Government personnel.

The contractor shall ensure that all of its employees supporting this SOW requirement are informed of the substance of this stipulation. Nothing in this requirement shall limit the Government’s rights in any way under any other provision, including those related to the Government’s right to inspect and accept the services to be performed in accordance with this SOW. The substance of this requirement shall be included in all subcontracts at any tier and/or teaming arrangements.

5.0 GOVERNMENT FURNISHED RESOURCES (GFE).

The specified equipment will be provided as GFE to the Contractor within five (5) business days after the date of award. The Contractor shall use GFE only for the performance of work under this contract and shall be responsible for returning all GFE in good working condition, subject to normal wear and tear.

The Government will provide the following property and information to the Contractor for work required under this TO:

5.1. Copies or access to the references cited in SOW 7.0

5.2 Electronic letterhead for all official correspondences

5.3 Office space, computers, and communications for up to 10 Contractor employees

5.4 Major office equipment, including but not limited to shredders, high volume scanners, access to SWS III computer workstations and associated software, access to CGOne data network, desk telephones

5.5 Hard copy VRPs

5.6 MS Access based VRP database (for correspondence preparation and internal tracking)

5.7 VRP Express access

5.8 Consumable office supplies used in work under this TO

5.9 MISLE information system user account

5.10 VRP Plan Review Checklists

6.0 CONTRACTOR FURNISHED PROPERTY.

The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract, except for the Government Furnished Property specified in the SOW 5.0 of this work statement

7.0 REFERENCES. The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of the contract

7.1 The Federal Water Pollution Control Act (FWPCA), (33 U.S.C. 1321(j) (5) as amended by Oil

Pollution Act of 1990 and Section C.12.1 (b).

7.2 Section 701 of P.L. 108-293 (USCG and Maritime Transportation Act of 2004) nontank vessels

7.3 The Act to Prevent Pollution from Ships (33 U.S.C. 1901 et. seq.) ‘Marine Plastic Pollution

Research and Control Act of 1987’

7.4 Title 40 Code of Federal Regulations, Part 300, National Oil and Hazardous Substance Pollution

Contingency Plan (NCP)

7.5 Title 33, Code of Federal Regulations, Part 155, Oil or Hazardous Material Pollution Prevention

Regulations for Vessels

7.6 Title 33, Code of Federal Regulations, Part 151

7.7 Final Rule, Salvage and Marine Firefighting Requirements, 73 FR 80618

7.8 Vessel and Facility Response Plans for Oil and 2003 Equipment Caps and Alternative Technology

Revision (CAPS Rule), 74 FR 45004.

7.9 Final Rule, Nontank VRPs, 78 FR 60100.

7.10 Final Rule, Vessel Hazardous Substance Response Plans (VHSRP), TBD.

7.11 NVIC 03-04, Guidance for the Development of Shipboard Marine Pollution Emergency Plans for

Noxious Liquid Substances Pursuant to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) on U.S. Flag Vessels and Compliance Determinations on Foreign Flag Vessels.

7.12 COMDTINST 16450.32A, Review and Enforcement Criteria for Vessel and Facility Response Plans.

7.13 COMDTINST P16700.4, Captain of the Port Zone Boundaries.

7.14 Regulation 37 of Annex I of the International Convention for the Prevention of Pollution from

Ships, as modified by the Protocol of 1978 (MARPOL 73/78), Shipboard Oil Pollution Emergency Plan.

7.15 Regulation 16 of Annex II of MARPOL 73/78, Shipboard Marine Pollution Emergency Plan for Noxious Liquid Substances.

7.16 Chapter 8 of Annex I of the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL 73/78), STS Transfer Guides.

7.17 COMDTINST M5216.4 (series) The USCG Correspondence Manual.

7.18 Homeport (http://homeport.uscg.mil).

7.19 MISLE (mislenet.osc.uscg.mil).

7.20 PREP Guideline, August 2002.

7.21 Federal Information Security Management Act (FISMA).

7.22 NIST SP 800-26 Security Self-Assessment Guide for Information Technology Systems.

7.23 Section 508 of the U.S. Rehabilitation Act – http://www.section508.gov/.

7.24 Physical Security and Force Protection Manual, COMDTINST M5530.1 (series).

8.0 DELIVERABLES.

ITEM SOW DELIVERABLE / EVENT DUE BY

1 4.8 Kick-Off Meeting Not later than five (5) business days after the date of award

2 4.9 Draft Contractor Project Plan Not later than the Kick-Off Meeting

3 4.9 Final Contractor Project Plan Not later than five (5) business days after the

Kick-Off Meeting.

4 4.10 Progress Reports Monthly. Not later than the 15th of each month.

5 2.1

Complete Review of FWPCA and IMO Plans

• NLT 30 days for new FWPCA and IMO plans.

• NLT 21 days for FWPCA and IMO plan revisions or amendments.

• NLT 21 days for FWPCA and IMO Plan responses to deficiency letters.

• NLT 21 days for FWPCA and IMO vessel additions to approved plans.

• NLT 21 days for FWPCA and IMO plan resubmissions.

6 2.1.a, 2.1.d

Provide Approval and Deficiency Notification Letters

• For initial approval and deficiency letters:

within two (2) days after receipt of CG approval. (Note: The majority of correspondence will be distributed as email attachments/electronic).

• For response to Plan-Holder rebuttal to deficiency letters within fourteen (14) days of CG approval.

7 2.1.i Update internal plan review procedures. NLT 14 days after noting need for change by

Contractor.

8 2.2.b

Prepare “Stop Ops”, Domestic Navigation Restriction (DNR), and Notification of Expiration of Interim Operating Authorization Letters

NLT 45 days prior to the expiration of the plan

9 2.3.c Recommendations/Job Aids for Updates to CG Internet and e-VRP Websites

NLT the 15th of each month for the previous month.

10 2.3.f MISLE Entries At least 1 Day Prior to the approval of a plan/submission.

http://www.section508.gov/