PIROP Draft PWS.pdf

SECTION D – ATTACHMENT 1 PERFORMANCE WORK STATEMENT

Fishery Observer Support Services for the Pacific Islands Region

Observer Program

PERFORMANCE WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified in the solicitation), to perform the following Performance Work Statement

(PWS).

I. BACKGROUND AND PROJECT REQUIREMENTS

A. STATUTORY AND REGULATORY BACKGROUND

The National Marine Fisheries Service (NMFS), Pacific Islands Regional

Office (PIRO), requires the recruitment, selection, supervision, and outfitting of all sea-going personnel needed to fulfill federal fisheries obligations of the Pacific Islands Region Observer Program

(PIROP). The PIROP currently includes the Hawaii deep-set tuna and shallow-set swordfish longline fleets, and the American Samoa longline fleet.

NMFS has the obligation to monitor and to obtain estimates of the incidental take of ESA and MMPA listed species, and other by-catch in the pelagic fisheries, and other fisheries that fall under federal jurisdiction. Data are required to assess the potential impact of the fisheries on these species. Observer coverage aboard vessels with federal fishing permits is required by the “reasonable and prudent measures” (RPMs) and terms and conditions of the Incidental Take

Statements (ITS) of the NMFS and FWS biological opinions on the effects on federally-listed threatened and endangered species of pelagic fisheries managed under the Fishery Management Plan(FMP)for the three longline Fisheries of the Western Pacific Region. The issuance of these four opinions resulted from interagency consultations pursuant to Section 7 of the Endangered Species Act

(ESA).

The biological opinions for the longline fisheries concluded that the fisheries are adversely affecting ESA listed species, but that they are not likely to jeopardize the continued existence of the species.

The ITS(s) authorize lethal, incidental taking of turtle, whale, elasmobranch, and seabird listed species in the longline fisheries, but contains non-discretionary reasonable and prudent measures that must be undertaken by NMFS, including the establishment of an observer program. The mandatory observer program is operated under the authority of the Pelagic Fishery FMP established under the Magnuson

Fishery Conservation and Management Act (MSFCMA) in response to concerns regarding interactions with listed threatened and endangered species.

Observers shall collect marine mammal, sea turtle, elasmobranch, and sea bird specimen parts as well as the entire animal carcass as directed. Observers must complete all required documentation and send reports from sea as directed. Specimen(s) must be provided to the observer program or Government researcher immediately upon the vessels’ return.

While at sea, observers may work an average of 80 hours per week aboard commercial fishing vessels. Work hours can be a minimum of eight (8) hours and can extend more than sixteen (16) hours per day.

Occasionally, observers will be asked to participate in studies and tests stemming from experimental fish permits or other scientific research needs. Observers will not be asked to work more than two (2) hours in addition to their normal sea day duties. The average observer sea day is estimated to be 11.5 hours/day, inclusive of any additional studies and tests for scientific research needs.”

Observers shall collect the required information to assess the involvement of ESA and MMPA listed species, and other by-catch species in the longline fisheries along with acquired biological information for population and life history studies. Observers may work with the vessel master and crew regarding the fishery regulatory requirements as well.

B. VESSEL OPERATIONS AND WORKING CONDITIONS:

Longline vessels operate out of Honolulu, Hawaii (92.4% of landings), and out of American Samoa. Trips may originate or terminate in

California (7.6% of Landings). Honolulu, Hawaii, is considered to be the official duty station for observer deployment for vessels associated with the Hawaii longline fleet. Observers may be required to travel to other Hawaiian ports and other foreign and U.S. ports for deployment; i.e., Pago Pago, American Samoa. Observers travel by public transportation to meet assigned boats, and are expected to remain with the boat until it returns to port to unload target catch.

Typically, vessels departing from Hawaii ports will average 22 days in duration for deep-set trips, and 27 days for shallow-set trips.

Vessels departing from Pago Pago, American Samoa, average 46 days and range from 10 to 84 sea days. Longline vessels fish in deep ocean waters, beyond 50 miles of the Hawaii Islands and beyond 12 miles of

American Samoa in all weather and sea conditions.

Commercial longline vessels are small, generally 40 to 100 feet in length. Longline vessels are usually operated by the captain and four or five crew members. Crew members and observers live and sleep in cramped quarters, often in damp conditions, sharing toilet and shower facilities when available. Most vessels have no shower and many lack permanent toilets. Although many vessels do not have separate facilities for women, federal regulations (Title 50, § 665.207) require reasonable privacy be provided for female observers.

Because of the size and responsiveness of these vessels to sea conditions, motion sickness can be debilitating for some individuals and should be seriously considered by the contractor in selecting observers. Longline vessels carry no trained medical personnel aboard and rely upon first aid knowledge of the observer and boat's operator in consultation with the U.S. Coast Guard.

Fishing activity occurs throughout the year although fishing effort predominantly occurs between October 1, and June 30, with somewhat reduced effort during the summer months of July, August, and

September.

II. SCOPE OF WORK

A. PURPOSE

This performance work statement defines the services required to sustain comparable program continuity, integrity, and data results established since PIROP’s inception in 1994. Ensuring safety of observers and the collection of high quality data are the two most important deliverables of this contract.

B. OBJECTIVE

In accordance with this contract, the contractor shall furnish all services including but not limited to personnel management, travel, materials, gear and scientific equipment (except as otherwise specified), associated with observer responsibilities.

III. CONTRACTOR TASKS AND REQUIREMENTS

A. MONITOR FISHING ACTIVITY & ESTIMATE OBSERVER COVERAGE REQUIREMENTS

The contractor shall monitor vessel activity daily using the automatic identification system and/or the vessel monitoring system to track each vessel's arrival and departure from port, including contacting vessel operators by telephone. Vessels not in port are assumed to be fishing and counted as one day of effort. Vessels carrying an observer and not in port are counted as one observed sea day of effort. Vessel activity records shall be entered into the Government’s Pacific

Islands Regional Observer Program’s Database System (PIROPS) each week on Tuesday at noon, and incorporate vessel activity through the preceding Saturday. The Government will use the vessel activity records to estimate the total and observed fishing effort for the

Hawaii fishing fleet. The Government will monitor American Samoa fishing activity and provide an estimate of observer coverage needs to the contractor. The Government will provide vessel activity records and a summary of the percent coverage to the contractor through the

PIROPS.

B. RECRUITMENT

The contractor is responsible for the recruitment of all scientific fishery observers. The contractor shall recruit, locate, contact, screen, and hire qualified candidates to work as observers aboard

Hawaii and American Samoa longline vessels. Observer deployment will typically begin and end in Honolulu, Hawaii, which is considered the official duty station. The contractor will be responsible for all travel to and from Honolulu, unless embarkment or debarkment is designated at a port other than Honolulu. If embarkation or debarkation is designated for a port other than Honolulu, the observer’s travel costs to and/or from Honolulu will be reimbursed by the Government at actual cost. Observers, as well as all other contractor personnel, are employees of the contractor and no employer-employee relationship exists between the Government and contractor personnel assigned to provide services under this contract.

The recruitment and retention of fully qualified observers is essential to successful performance of the contract. The contractor shall provide sufficient qualified observers to complete the sea day coverage requirements by selecting the highest qualified candidates.

The contract shall work with the Government to promote diversity, equity, and inclusion, within the observer recruits, and provide to the government a list of methods used to accomplish this goal. The contractor shall manage its observers to retain a successful mix of both experienced observers and new observers. The contractor shall provide to the Government an outline of a planned approach of how they expect to retain experienced observers.

The contractor shall provide complete logistical and operational support to observers throughout their employment. Such support shall include, but is not limited to: (1) employee orientation, (2) training, (3) travel to land-based assignments and vessel deployments,

(4) safety and mission related equipment and equipment maintenance, and (5) communications.

The Contractor shall make observers available to NMFS Enforcement staff for the purposes of investigating circumstances of alleged refusals by vessels to take an observer or other violations of the

Magnuson-Stevens Fishery Conservation Act (MSA), Marine Mammal

Protection Act (MMPA), or the Endangered Species Act (ESA) documented by the observer in the course of their duties.

C. GEAR ACQUISITION & MAINTENANCE

The Government will provide a NOAA email address and presently held observer gear, equipment, and supplies to the contractor after award.

Within a one (1) week period of the Government providing all existing gear, equipment, and supplies to the contractor, an inventory list shall be established by the contractor, acknowledged by both parties as to its accuracy, and thereafter maintained by the contractor. The contractor shall maintain and re-supply all observer gear, equipment, and supplies throughout the contract performance period. The contractor shall re-supply existing gear and supplies, and if the contractor wants to buy a new type of supply or gear, they must discuss with the COR.

The Government will purchase all electronics, and due to acquisition deadlines, the contractor shall inform the Government each year during the month of June, an anticipated need of electronic equipment.

Immersion suits shall be inspected, cleaned, and repaired by the suit manufacturer as needed at a minimum of once per year. Documentation shall be submitted to the Contracting Officer's Representative (COR) upon completion of the process. Newly acquired gear must be of the same quality as the originally provided Government gear. In case of loss or destruction of Government property, the contractor shall notify the COR within 24 hours of knowledge of the loss and take all reasonable steps necessary to protect the property from further damage. The contractor is liable for loss of property if the loss or damage results from willful misconduct, negligence, or lack of good faith on the part of the contractor or its employee(s).

The contractor will be designated as a federal property user and shall maintain an active NOAA email account by logging into the NOAA email account once a week, to maintain their NOAA email and remain a property user in Sunflower, an inventory tracking data base used by the Government. Periodic inspections of contractor maintained gear and equipment will be conducted by the Government’s COR to certify proper maintenance is being achieved. The program retains the right to modify gear specifications to meet research collection needs as required.

However, as a baseline for each seagoing observer, the contractor must provide a complement of gear required for observer field use.

Hawaii

The contractor shall supply a gear storage facility for housing up to five (5) Government furnished computers, storing observer gear, equipment, sampling supplies, and collected samples in Honolulu. The storage facility shall be in a location that is easily accessible in order to conduct observer placement meetings with vessels departing from Honolulu. The gear facility shall have easy access 7 days per week, 24 hours per day. The storage facility shall be secure with locking doors, and a log shall be maintained that tracks the name and time anyone enters the storage facility. The contractor shall provide to the Government an outline of a planned approach of how they expect to safeguard Government property and observer data temporarily housed at the gear shack.

The facility shall be large enough to store and manage gear for approximately 60 to 70 observers, with enough electric outlets for up to five (5) full size freezers or 1 walk-in freezer for frozen gear and samples. The gear facility shall have an air conditioning unit, electrical outlets, and water supply and drainage sufficient for a commercial washing machine and dryer. The gear facility shall be equipped to maintain five (5) computers for data entry with adequate electrical supply, and meet all IT security requirements. The government will supply computers. The gear facility shall be a minimum of 1,500 sq. ft. and a maximum of 2,000 sq. ft. The gear facility shall have access to a bathroom and shower, with an area to rinse observer gear, and space for data entry for up to five (5) observers.

The contractor shall provide access to the Government’s COR for monitoring and inspection. The gear facility shall meet the approval of the Government.

American Samoa

The contractor shall supply a gear storage facility for storing observer gear, equipment, sampling supplies and collected samples in

American Samoa. The storage facility shall be at ground level in a location that is easily accessible in order to conduct observer placement meetings with vessels departing from Pago Pago, American

Samoa. The gear facility shall have easy access 7 days per week, 24 hours per day. The storage facility shall be secure with locking doors. The facility shall be large enough to store and manage gear for approximately 4 to 8 observers, with enough electric outlets for up to

2 full size freezers for frozen gear and samples. The Government will provide the freezers to store samples and gear. The gear facility shall be a minimum of 500 sq. ft. and a maximum of 1,600 sq. ft. The gear facility shall have access to a bathroom and shower, with an area outside with a working fresh water hose to rinse observer gear. An area with plumbing sufficient to install an industrial sink.

Government will supply the sink. The contractor shall provide access to the government for monitoring and inspection. The gear facility shall meet the approval of the Government and will be inspected by

Government staff in the American Samoa field office.

The Government will reimburse the contractor for the gear storage facilities in Honolulu and American Samoa and associated utilities costs on an actual basis, including electricity and waste removal.

All equipment supplies or gear provided by the Government or acquired by the contractor and directly billed for use in the performance of this contract is considered to be the property of the U.S. Government.

Upon completion or termination of the contract, all Government property, equipment, gear and supplies shall be inventoried and the list provided to the Government COR for review and acceptance by the

Government. Actual return of Government property will be coordinated with the Government COR.

D. MAINTAIN COMMUNICATIONS LOG

The contractor shall maintain a communications log for each contact with a fishing vessel representative whether made at the docks, in person, by telephone, fax, or by E-mail. The Government will provide the communications log to be used by the contractor. The log shall be organized by date of vessel call in and include the following required information: time and date of contact or attempted contact, who initiated communication, contact person's name, and topic of discussion. More specifically, the communication log must include the official number of the vessel, the name of the vessel, the intended departure date, time, and location, along with the name of the operator of the vessel and the name and telephone number of the agent designated by the permit holder to be available between 8:00 a.m. and

5:00 p.m. (Hawaii time) weekdays for the contractor to contact to arrange observer placement. The contractor must also document on the log, the date, time, name, phone number and a brief description of what was discussed when calling a vessel to inform them whether they have an observer or not. The contractor shall enter the communication information into the PIROPS. This information will be used by the

Government to determine whether vessels provided adequate notice prior to departing from port. The Government will maintain a communications log for American Samoa which will be provided to the contractor.

E. MAINTAIN TRIP LOG (OBSERVED VESSEL DEPARTURES AND ARRIVALS)

The contractor shall provide an update of observed vessel departure and arrival information on the Trip Log located on the PIROPS. The contractor shall enter the information into the PIROPS by Tuesday 12 noon, and the log shall include all entries recorded through the preceding Saturday. The Trip Log shall include the trip number, vessel name, permit number, operator name, observer name, departure date, port departed, arrival date, port arrived, and trip length. The

Government will provide a list of permitted vessels, permit numbers, vessel lengths, owner names, addresses, and telephone numbers to the contractor. The contractor will be notified by the Government of any vessel changes and updates. In addition, the contractor shall notify the Government’s COR of vessels that appear to be fishing using longline gear, but are not listed as having a Hawaii Longline Limited

Entry Permit. If requested by the Government, the contractor shall notify the vessel operator of his obligation to obtain a Longline

Limited Entry Permit and provide them with the Government contact information. The Government will maintain a trip log for American

Samoa which the contractor will have access to on the PIROPS. The

Government will update the PIROPS on a weekly basis.

F. VESSEL NOTIFICATION

The contractor shall mail notification letters to all permitted fishing vessels, informing them of their obligation to carry an observer if departing to fish. The letter must state the terms and conditions of the program and must be approved by the Government. A sample letter may be obtained from the Government COR, after contract award. This mailing shall be sent via certified mail, return receipt and the receipts shall be provided to the Government for verification of receipt of letter. The Government will be responsible for notifying all permitted fishing vessels operating out of American Samoa of their obligation to carry an observer if departing to fish.

G. OBSERVER PLACEMENT

The contractor is responsible for notifying vessel owners and operators of their obligation to carry an observer. The contractor is required to assign observers to vessels in an orderly and fair manner and regardless of observer gender, age, religion, or sexual orientation. In addition, the contractor is responsible for any/all travel arrangements associated with observer deployments.

Placement Meetings

For those vessels that are scheduled to carry an observer, the contractor must schedule a placement meeting with the vessel owner/captain at the vessel selected to carry an observer. To encourage a safety culture, Contractor staff that will conduct placement meetings must attend a marine safety instructor training similar to the one offered by Alaska Marine Safety Education Association.

During the placement meeting, the contractor shall inspect the vessel to ensure vessel accommodations are at least equal to that provided to a full crew member. A mattress or futon on the floor, or a cot, is not acceptable in place of a regular bunk. Meal and other galley privileges must be the same for the observer as for other crew members. Additionally, female observers must be provided with reasonable privacy. The contractor shall also complete the safety checklist and ensure any “no go” deficiencies are resolved.

Once an observer has completed three (3) trips, the observer shall work with the contractor and Government to ensure they can conduct their own placement meeting. A port coordinator must be available by phone to provide assistance to the observer during a placement meeting if needed. In addition, if a vessel has had previous issues with observers, the port coordinator may elect to accompany the observer during the placement meeting. During the placement meeting, the observer shall inspect the vessel to ensure vessel accommodations are at least equal to that provided to a full crew member. The observer shall also complete the safety checklist and ensure any “no go” deficiencies are resolved. If any violations are noted or any “no go” items on the checklist are not resolved, the observer shall contact the port coordinator during the placement meeting before vessel departure. The Government will conduct all placement meetings with observers to be deployed on American Samoa vessels. The

Government will ensure American Samoa vessels are in compliance with all safety requirements.

Once the contractor has assigned an observer to a vessel and the placement meeting has been completed, deployment of the vessel must take place within five (5) calendar days. The observer is considered to be on standby time from the day of the original placement meeting until his/her assigned vessel departs from port or assignment is canceled. A standby allowance shall be paid to the observer for each day of vessel delay. If departure of the vessel from port does not occur five (5) calendar days following the placement meeting, the observer shall be reassigned to another vessel. However, it is permissible for an observer to elect to stay assigned to the delayed vessel, but after five (5) days, they will not receive additional standby pay.

Observers do not choose vessel assignments. Observers do have the right to refuse deployment on a vessel they perceive as unsafe.

However, refusal by any observer to board a vessel after the inspection must be documented and discussed between the contractor management and the Government’s COR to determine the appropriate course of action. An observer’s refusal to accept a vessel assignment due to perceived unsafe conditions shall not become grounds to terminate the observer’s services under this contract.

Fishing activity dictates vessel departures and arrivals. Since vessel notification requirements limit response time, observers must be prepared for sudden sea assignments of extended and uncertain duration. It is not unusual for fishing vessels to pull into foreign ports for various reasons, i.e., food, repairs, fuel, etc. For security and safety purposes, it is not recommended that the contractor (observer) disembark from its assigned vessel while in a foreign port of call. However, if the contractor chooses to leave the vessel while it is docked or moored in a foreign port, they so at their own risk and expense. Therefore, it is highly recommended that all observers possess a current and valid passport permitting easier passage in/out foreign ports of call should cause arise. Occasionally there are emergencies at sea and a contractor (observer) may arrive in a port other than Honolulu. The contractor shall provide the

Government a plan on how they intend to support an observer in a situation such as an emergency like a vessel fire where the observer has no identification, or contacts once rescued.

H. OBSERVER FLEET COVERAGE REQUIREMENTS

The percent coverage is based on the number of vessels departing with observers. Therefore, percent coverage is calculated by dividing the

(number of vessels departing with observers) by the (total number of vessels departing with and without observers) and multiplying by 100.

For example, if the total number of vessels departing with observers is 206 and the total number of vessels departing with and without observers is 1000, then the percent coverage would be 20.6%. (206/1000 x 100 = 20.6). The percent coverage is calculated on an annual basis beginning January 1st and ending December 31st.

Typically, deep-set trips, whether experimental or longline fishing, average 22 days in duration; shallow-set trips average 27 days in duration; and American Samoa trips average 46 days in duration and range from 10 to 84 sea days. All fishing activity occurs throughout the year, although fishing effort predominantly occurs between October

1, and June 30.

Hawaii

The contractor shall maintain a qualified pool of available observers to obtain, a maximum of 20% observer coverage, of the total fleet effort for the Hawaii deep-set fishery; a maximum of

100% observer coverage for the shallow-set fishery; and a maximum of

20% of the American Samoa fishery during the performance period. The minimum observer coverage is subject to change depending on an on-going analysis to determine the observer coverage impacts on the estimation of protected species interactions. The contractor will be notified within three (3) months of any such change impacting the required percent coverage level.

The Government may use Government debriefers for observer coverage on a maximum of two (2) shallow-set or deep-set trips per calendar year for the purpose of research or debriefer training. These trips will not count toward or against the contractor’s requirement to provide the required observer coverage. Failure to meet the minimum coverage requirements during a given performance period may be cause for default. The contractor shall manage the contract to meet this minimum coverage. Maximum coverage for the Hawaii Deep-set Longline

Fishery should not extend above 1% of the required observer coverage. Currently, it is recommended that observer coverage for the Hawaii deep-set fishery be maintained at a minimum of 15% for any/all quarters, with 20% coverage for a contract year. The minimum observer coverage for any/all quarters is subject to change depending on an on-going analysis to determine the observer coverage impacts on the estimation of protected species interactions. The contractor will be notified within three (3) months of any such change impacting the required percent coverage level. The quarters end on March 31st, June 30th, September 30th, and December 31st.

Observer coverage must occur throughout the calendar year proportionate to the amount of overall fishing effort.

(2) American Samoa

The contractor shall provide a minimum of three (3) and a maximum of six (6) qualified observers for American Samoa at all times in order for the Government to meet the recommended 20% observer coverage. As the fleet activity may change, the total number of observers required for American Samoa may need to be adjusted. At that time, the contractor will have two (2) months to make the necessary adjustments to meet the current need of scheduled observers to

American Samoa.

The Government will monitor American Samoa fishing activity and provide an estimate of observer coverage needs to the contractor. The

Government will provide the contractor with vessel activity records, a summary of the percent coverage, vessel activity records, communications and trip logs for American Samoa through the PIROPS.

The Government will be responsible for notifying all permitted fishing vessels operating out of American Samoa of their obligation to carry an observer if departing to fish. The Government will conduct all placement meetings with observers to be deployed on American Samoa vessels. Notification of American Samoa vessel(s) potential infractions will be the responsibility of the Government. The

Government will ensure all American Samoa vessel(s) are in compliance with all safety requirements. The Government will be responsible for verifying the number of days the observer was on the American Samoa deployed vessel. The Government will provide this information to the contractor through the PIROPS. The Government will provide all telephone services for fishermen and observers to use to relay vessel departure and arrival information from American Samoa.

The Government will reimburse the contractor for lodging and any necessary ground transportation to and from vessel assignments while observers are deployed to American Samoa. The American Samoa

Government may require/mandate quarantine of contractor personnel. If this occurs, the Government will reimburse the contractor for lodging, meals, and a standby rate for observers required to quarantine. The contractor shall assist the Government with the performance of the duties noted above and any other duties assigned. The contractor possesses no authority in the performance of these duties as the

Government is ultimately responsible for accomplishment and compliance under the contract.

American Samoa Facility Support

Prior to and in between vessel assignments, observers can earn facility support pay by working a maximum of four (4) hours per workday during the normal operating hours of the local facility, five

(5) days per week, not to exceed ten (10) consecutive business days before a trip departure and not to exceed fifteen (15) consecutive business days after debriefing.

If an observer elects to return to Honolulu after they complete a trip and after debriefing, they are not eligible for facility support pay.

An alternative work schedule may be requested and approved by the local Government representative provided the contractor’s work hours do not total more than 20 hours per week. The contractor is not authorized to perform duties on days when the local facility is closed, i.e. Government furlough, inclement weather, power outages, legal and federal holidays, etc. The contractor is not authorized overtime in the performance of these duties. Upon reaching American

Samoa, the contractor shall coordinate with the Government’s local representative to establish a commencement date, assignment of work hours, and duties.

I. NOTIFICATION OF POTENTIAL INFRACTIONS

The Contractor shall immediately notify the Government’s COR of any potential violation of the Rules and Regulations that implement the

Fishery Management Plan under the Magnuson-Stevens Fishery

Conservation and Management Act, such as, vessels failing to provide adequate notification prior to departing, failing to take an observer, incidents of interference, harassment, or intimidation. The contractor shall ensure that each returning observer completes a Post-Cruise

Questionnaire and is debriefed for incidents of intimidation, interference, or harassment within one (1) business day of returning from sea. Reported incidents of failing to take an observer and incidents of interference, harassment or intimidation of observers will be investigated by NMFS, Office of Law Enforcement (OLE).

Notification of American Samoa vessels potential infractions will be the responsibility of the Government.

J. OPERATE WITHIN PERMIT PROVISIONS

The contractor and its employees(observers) will be authorized under this contract and the specific scientific research permits held by the

U.S. Government, to collect samples according to established research conditions and protocols developed by the Office of Protected

Resources, NMFS, Washington, D.C. When operating under these scientific permits, the contractor shall strictly adhere to all permit provisions and restrictions.

K. MAINTAIN SPECIMEN LOG

The contractor shall maintain a specimen log for each type of sample collected on each trip that shall be stored at the contractor’s gear facility. The specimen logs shall include at least the following information: trip number, vessel name, observer name, specimen number, sample type (e.g. carcass, head, stomach, blubber, biopsy, gills, adrenals, anal fin rays, otoliths, or vertebrae), species name, species code, and date returned. The contractor shall verify that all specimens are labeled correctly, and shall either deliver the specimens to the Government office, or arrange with the Government researcher for specimen pick up at the gear shack.

L. VESSEL LIVING CONDITIONS

The contractor is responsible for ensuring that observers assigned to vessels are provided living quarters comparable to crew members. A mattress or a cot is not acceptable if a regular bunk is provided to any crew members, unless other arrangements are approved in advance by the Government’s COR. If a vessel normally has cabins for crew members, female observers on a vessel with an all-male crew must be accommodated with either a single person cabin or, if the contractor concludes that adequate privacy can be ensured by installing a curtain or other temporary divider, a two-person shared cabin is acceptable.

If the vessel normally does not have cabins for crew members, alternative accommodations must be agreed to by the contractor. If a cabin assigned to a female observer does not have its own toilet and shower facilities that can be provided for the exclusive use of the observer, or if no cabin is assigned, then arrangements for sharing common facilities must be established and approved in advance by the contractor. The contractor is responsible to ensure that observers are provided living quarters, fresh drinking water, and the same type and quality of meals, snacks, and amenities as are normally provided to other vessel personnel.

M. MAINTAIN TRAINED OBSERVER SOURCES (with valid common access cards)

The contractor must track availability of qualified and trained observers and a list of current observers and indicate which observers are active or inactive. The contractor must manage common access cards

(CACs) by tracking the expiration date to ensure observers have a valid CAC at all times. The contractor must keep the Government informed of observers with expiring CACs and ensure each observer has a CAC shortly after they successfully complete the observer training course. A sample of the tracking list will be provided by the

Government after contract award and the contractor shall provide an updated list each month with the invoice.

When an observer goes on leave, the contractor shall collect and store the observer’s CAC in a secure lock box at the gear shack. If an observer does not return from leave, and resigns, their CAC needs to be readily available to turn into the Government. The contractor shall ensure observers remember or have access to their CAC PIN numbers, and that observers maintain an active NOAA email address (if provided one by the Government) by logging into their NOAA email at least once in

30 days.

N. VESSEL REIMBURSEMENT

At the completion of each observed vessel trip, the contractor shall compensate each vessel owner a flat rate of $20.00 per day for each day the vessel provided adequate food, water, and accommodations to the observer while on-board the commercial fishing vessel. Vessels are entitled to a full day of compensation for each day an observer is provided adequate food (three meals and two snacks per day), water

(minimum of 64 fluid ounces per day), and accommodations on the vessel, inclusive of partial days, i.e., departures/returns. However, a vessel will not be reimbursed for each day that inadequate amounts of or inappropriate food or drinking water were provided. In these situations, the Government COR will determine whether the vessel shall receive full, partial or no reimbursement. The Government's COR will verify the number of days the vessel is entitled to reimbursement on the first day the observer reports for debriefing. The contractor shall compensate the vessel owner within one (1) week of the vessel's return to port. A copy of all transactions which support invoiced amounts must be submitted to the Government's COR on a monthly basis.

The payment transaction shall indicate the name of the vessel, the name of the observer, the date the vessel departed port, the date the vessel returned to port, and the date payment was sent to the vessel owner. The contractor is not responsible to reimburse the vessel owners for any costs other than observer accommodations, nor shall the vessel reimbursement due a vessel be used to barter or be exchanged for any other item(s). The Government will be responsible for verifying the number of days the observer was on an American Samoa deployed vessel. The Government will provide this information to the contractor once the vessel returns to port for reimbursement purposes.

O. OBSERVER WORKDAY

When at sea, observers work an average of eleven and a half (11.5) hours per day and are the sole contractor employee aboard the privately owned commercial fishing vessels. Observers collect required information to assess the involvement of target species, sea turtles, sea birds, marine mammals, other protected species, and other bycatch.

An observer’s sea day refers to an observer’s work day. An “observer’s sea day “commences the day the observer departs the port of call and ends when the observer disembarks the vessel, e.g. vessels traveling to pick up crew, vessels traveling to fishing grounds, actual fishing time, vessels traveling between fishing grounds, or in route returning to port. Observers shall be compensated for each observer sea day on-board the vessel until it returns to port. Upon returning to port the observer shall complete a post trip debriefing. The observer shall be compensated for the debriefing. See below, Section IV., Paragraph G, Debriefing.

The contractor shall adhere to the requirements of the Service

Contract Act (SCA) and applicable Department of Labor (DOL) Wage Rate

Determination which is provided in conjunction with the current

Collective Bargaining Agreement of the Alaska Fisheries Division of the United Industrial Workers SIUNA-AFL-CIO, Pacific Islands Observer

Program, when calculating and paying salaries and benefits to observers. Overtime shall be paid in accordance with the Fair Labor

Standards Act (FLSA) and other applicable labor laws whether work is performed inside or outside U.S. territorial waters, or seaward of the

U.S. Exclusive Economic Zone.

A standby allowance shall be paid to the observer for each day of vessel delay. The number of days between the placement meeting and vessel departure shall not exceed a maximum of five (5) calendar days.

See Section III., Paragraph G, Observer Placement.

IV. OBSERVER DUTIES

A. DATA COLLECTION

Observers shall gather information aboard commercial longline vessels about catch, by-catch, location, gear, fishing operations, and the interaction of protected species, particularly sea turtles, sea birds, and marine mammals. Observers shall also collect biological samples from species as directed by Government debriefers. Occasionally, observers will be asked to participate in studies and tests stemming from experimental fish permits or other scientific research needs.

Observers participating in these studies will not be asked to work more than two (2) hours in addition to their normal sea day duties. The average observer sea day is estimated to be 11.5 hours/day, inclusive of any additional studies and tests for scientific research needs.

Data collected shall include environmental conditions, geographical positions, catch composition, behavior of the animals and species and numbers of protected species incidentally taken in longline fishing operations. In all aspects of data collection, the observers must be extremely accurate in identifications and notations made. All biological samples collected must be properly identified, labeled, and preserved. All data collection must be made in accordance with instructions provided in the Longline Observer Field Manuals (issued to each observer during training) and Data Circular Updates (issued to each observer before each vessel placement). Observers are also required to become familiar with the Magnuson-Stevens Act, the

Endangered Species Act, the Marine Mammal Protection Act, and to have a working knowledge of the pertinent sections of 50 Code of Federal

Regulations (CFR) Part 665, Subpart F - Western Pacific Pelagic

Fisheries.

Observers shall communicate with the Government as needed, and as required to report specific protected species interactions as outlined in the observer manual via InReach devices, or similar communication.

Observers shall not keep personal diaries in any form, bring aboard recording devices, or computers. Observers may bring personal cameras with them after obtaining permission from the vessel captain.

B. COMPUTER DATA ENTRY

Observers shall enter data while at sea on paper or on an electronic data recording device. In the event of a failure of the device, the observer shall maintain a paper copy of data while at sea and shall enter data into a computer after the trip is completed. The Government shall establish and maintain a quality assurance surveillance plan to ensure that all data is entered accurately. The Government will provide and maintain compatible hardware and software, which will be located at the Government’s NMFS Pacific Islands Regional Office, located at 1845 Wasp Blvd, building 176, Honolulu, Hawaii 96818, the

Honolulu Service Center at Pier 38 NOAA Fisheries 1139 N. Nimitz Hwy, Suite 220, Honolulu, HI 96817, and at the Government approved contractor’s gear shack.

Observers are required to complete an annual IT security awareness training on DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with CAR Clause 1352.239-74. Since observers may not have a NOAA email address, the notification will be sent to their personal email address. The PIRO NOAA Information System

Security Officer will provide the contractor a list of observers who have not completed the training. It is the Contractor's responsibility to ensure that all observers complete the DOC IT security awareness training each year.

C. DEBRIEFING

The contractor is responsible to ensure that each observer reports within one (1) business day of returning from a fishing trip to the

Government’s NMFS Pacific Islands Regional Office, the Honolulu

Service Center or the Government approved contractor’s gear shack for post–cruise and debriefing procedures. The observer should contact their assigned debriefer to determine what location to report for debriefing. Should circumstances arise where the observer is unable to report within the one (1) business day of returning from a fishing trip, the contractor shall immediately contact the COR or designee and request a time extension. Requests will be reviewed on a case-by-case basis and granted, as deemed appropriate, by the COR or designee.

Honolulu

Data from all trips that arrive in Honolulu shall be entered into

PIROPS within one week (7 days) of arrival. In situations wherein an observer that just arrived from a trip is needed by the contractor to be placed immediately on another vessel, the observer must schedule a trip interview with a debriefer before they depart. If the observer arrives on Friday and will be leaving on another vessel over the weekend, the contractor must confirm that the observer did not have any protected species interactions or enforcement or safety concerns or issues.

California

Data from all trips that arrive in California shall be photocopied and mailed to PIRO within one week (7 days) of arrival. Once the data arrives in Honolulu, the data needs to be entered by the contractor within one week (7) from receipt. In addition, Observers in California need to schedule a trip interview with a debriefer on the next business day after they return to port.

Once the observer has reported for debriefing procedures, the observer is considered to be in a debriefing status until the Government notifies the contractor that the observer has completed debriefing, and is released from debriefing status, and is now available for assignment to another vessel. The observer shall allow for a maximum of 24-hours of debriefing time per vessel trip, and a minimum of 8-hours of debriefing.

Debriefing schedules shall be coordinated by the Government debriefer provided the observers work hours do not total more than 24-hours for debriefing service. Work provided beyond the 24-hour period without prior Contracting Officer approval will be at the observers own risk and expense. Should a need arise that requires debriefing time be extended beyond the maximum 24 hours, due to no fault or negligence on the part of the contractor, either the COR or the contractor may request additional time and an equitable adjustment. The COR, on a case-by-case basis, will review the number of requested hours and the evidence for delay cause, and recommend concurrence or rejection of the request.

The Government shall provide verification of hours/days for service provided by the observer. When an observer finishes debriefing, the

Government’s COR and the contractor will receive an e-mail notification from the Government’s debriefer, of completion of the observer’s debriefing requirements. With receipt of that email, the observer is released from debriefing responsibilities and the contractor may assign that observer to another fishing vessel.

The Government shall provide verification of the data quality at the completion of each debriefing. The quality will be determined using the program evaluation criteria. The government will also verify whether or not the observer communicated with their debriefer one business day after returning from their trip to schedule debriefing and data entry.

The amount of the firm fixed unit set forth in the contract price schedule and awarded under individual task order(s) will be earned for each three day debriefing unit an observer completes. A debriefing unit is defined as a maximum of three (8-hour) days per completed observed trip.

The PIROP is moving towards an electronic reporting (ER) platform wherein all data will be entered at sea. During this transition, data will continue to be entered on paper and the debriefing period will remain at a maximum of 24 hours. However, once electronic monitoring is fully instituted, the number of hours required for debriefing will change from 24 to 8 hours and the firm fixed unit set forth in the contract price schedule and awarded under individual task order(s) will reflect a debriefing unit of 1-day as opposed to a 3-day debriefing unit.

D. STANDARDS OF CONDUCT FOR OBSERVERS

Observers must maintain a professional, objective demeanor at all times. The observer must avoid any behavior which could adversely affect the confidence of the public in the integrity of the observer program or of the Government. Observers are thus expected to conduct themselves in a manner which will reflect favorably upon the observer program by maintaining high standards of honesty, integrity, impartiality, and conduct in all situations. The contractor shall develop and enforce standards of conduct for observer employees that are comparable to the following guidelines:

(1) Must diligently perform their assigned duties;

(2) Must accurately record their sampling data, write complete reports, and report honestly any observed or suspected violations of fisheries, natural resources conservation, or environmental laws or regulations;

(3) Must not falsify observed data;

(4) Must protect the confidentiality of all collected data and observations made on board vessels. Observers shall not use any data collected under this contract for purposes other than the performance of this contract nor shall observers retain, release, reproduce, distribute, or publish any of the data without prior approval from the

Government;

(5) Observers may not have current direct financial interest, other than the provision of observer services, in a commercial fishery, including, but not limited to, vessels or shore-side facilities involved in the catching or processing of the products of the fishery, related interests in selling supplies or services to these vessels or shore-side facilities, or related interests in purchasing raw or processed products from these vessels or shore-side facilities;

(6) Observers may not serve as an observer on any vessel or at any shore-side facility owned or operated by a person who previously employed the observer;

(7) Must not engage in any illegal actions or any other activities that would reflect negatively on their own or other’s image(s) as professional observers or on the observer program as a whole. This would include, but is not limited to:

(a) Engage in excessive drinking of alcoholic beverages;

(b) Engage in the use or distribution of illegal drugs;

(c) Engage in physical or emotional involvement with individuals directly related to or hired by the permit holders in the observed fishery;

(d) Engage in criminal, dishonest, disrespectful, or disgraceful conduct that may be perceived as prejudicial to the Government; and

(8) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who conducts activities that are regulated by NMFS, or who has interests that may be substantially affected by the performance or nonperformance of the observer’s official duties.

If a vessel maintains a stricter policy for its employees, then the observer must comply with said policy.