Early Warning System SOW.pdf

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STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

Southeast Regional Office, Protected Resources Division Southeast Right Whale Early Warning System

I. BACKGROUND

Management of marine mammal populations falls within the jurisdiction of the National Marine Fisheries Service (NMFS) under the Marine Mammal Protection Act (MMPA) of 1972 and, for right whales, under the Endangered Species Act (ESA) of 1973. NMFS Southeast Region (SER) is responsible for the management of marine mammals, including North Atlantic right whales, from North Carolina to Texas including Puerto Rico and the U.S.

Virgin Islands.

The North Atlantic right whale population is highly endangered. Entanglement in fishing gear and vessel strikes are the leading causes of North Atlantic right whale mortality. The only known calving area of the North Atlantic right whale occurs in coastal waters from North Carolina to northeastern Florida. While many right whales come to the Southeast U.S. (SEUS) in the winter, the most vulnerable parts of the population (mothers and calves) depend on this habitat.

Vessel strike risks are present during the winter calving season as there are five major shipping ports in the SEUS with approaches transecting the calving area. All of these shallow-water ports require periodic dredging to remain open. Dredging often takes place during the winter to avoid mortality to endangered sea turtles; however, this is when right whales are present in the area along with significant levels of shipping activity. Dredged material is removed from the channels using hopper barges and the increased traffic increases the possibility of collision with right whales. Additionally, there are other governmental vessels, most notably Navy and Coast Guard vessels that transit through and within the calving area.

Despite their enormous size, right whales can be extremely difficult to see. They do not have a dorsal fin, their profile is usually low in the water and they spend much of their time just below the surface. Additionally, right whales are slow moving, especially when accompanied by a calf. These factors, combined with the amount of vessel traffic in the area, make the right whale especially vulnerable to collision with vessels.

Aerial surveys, funded jointly by the U.S. Navy, U.S. Army Corps of Engineers (USACE), U.S. Coast Guard (CG), and NMFS, are one integral piece of what is referred to as the larger SEUS Early Warning System (EWS). These aerial surveys are flown from Cape Canaveral, FL to Savannah, GA to locate right whales within the core winter calving area. Sightings of right whales are entered into the EWS communication network and relayed directly or indirectly to marine users consistent with EWS Aerial Survey Protocols.

The EWS Aerial Survey Protocols provide guidance and consistency to all participating aerial survey teams regarding the many variables related to flying EWS aerial surveys. The Protocols are developed and updated by NMFS with input from EWS aerial survey teams, and are dynamic in nature. Thus, NMFS, after considering input from the EWS teams, may periodically update or modify the Protocols to address changing needs and demands of the EWS surveys, The EWS Aerial Survey Protocols are included as Attachment 1 and are incorporated herein by reference.

The EWS aerial survey project currently consists of two major components (Figure 1): (1) the “SEUS Core Area” survey area off of Georgia and northeast Florida, and (2) the Carolinas survey area off of North and South Carolina. The SEUS core area (from Cape Canaveral, FL to Savannah, GA) surveys are conducted collaboratively throughout the season (no earlier than November; no later than April) generally by two teams/aircrafts and are currently funded by the CG, Georgia Department of Natural Resources (GDNR), Navy, NMFS and USACE. The Carolinas survey area (from Savannah, GA to the NC-VA border) is flown collaboratively throughout the season (no earlier than November; no later than April) generally by two survey teams/aircrafts and are currently funded by 1 the USACE. The survey transects flown on any given day will be coordinated by all aerial survey teams and contingent upon many factors including weather, military airspace closures, and predicted whale distributions.

II. SCOPE

This acquisition is for a Contractor to provide one aerial survey team that will fly EWS surveys in the SEUS core area and will be based in northeast Florida from December 1 through March 31 annually. The Contractor’s survey team will collaborate with the second EWS core area survey team based in Georgia which will be implemented by GDNR (or GDNR’s contractor). As outlined below and in the attachments to this Statement of Work, tasks will include not only the implementation of aerial surveys, but also activities associated with the handling and dissemination of data and coordination with other members of the EWS survey network.

III. OBJECTIVES

The main objectives of the requirement are:

1. Use aerial survey methods to detect and monitor the subset of the North Atlantic right whale population that migrates seasonally to the SEUS.

2. Use established photographic identification techniques to collect photographs for use in photo-identification of individual whales.

3. Communicate sighting locations to federal and other marine users consistent with Early Warning System (EWS) Aerial Survey Protocols.

4. Detect, monitor and respond to reports of entangled, injured and dead right whales.

5. Detect and monitor human-caused threats to right whales and their habitat.

This data collection and notification effort will complement other right whale-related data collection activities conducted along the U.S. East Coast.

IV. TASKS

1. Aircraft and Pilot Requirements:

a. The Contractor shall utilize aircraft that meet the “Preferred certification for planned or routine aerial surveys” described in the “NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys: December 2024,” including using aircraft that are operated and maintained under provisions of 14 CFR Part 135. The Contractor shall comply with all other requirements and specifications listed in the NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys: December 2024 (Attachment 2).

b. Survey aircraft will be operated as outlined in the EWS Aerial Survey Protocols (Attachment 1).

2. Pre-field Season Tasks – The Contractor shall:

a. Identify qualified marine mammal observers to assist with the upcoming surveys;

b. Ensure all field logistics (e.g., lodging, aerial survey platform, ground transportation, field supplies) are in place;

c. Meet virtually or in-person with NMFS SER staff at least 30 days prior the start of each survey season to coordinate upcoming survey activities, review protocols and discuss any needed changes to protocols;

d. Be available to attend and help NMFS SER staff plan virtual and in-person pre-season meetings with other whale survey teams and EWS data users (e.g., Navy, CG).

3. Survey Requirements – Surveys will be conducted as outlined in the EWS Aerial Survey Protocols

(Attachment 1), and as follows:

a. Surveys shall be flown December 1 through March 31 and may be flown outside of this timeframe, if mutually agreed upon by the Contractor and NMFS.

b. The seasonal survey area generally includes the nearshore continental shelf area from Cape

Canaveral, Florida, to Savannah, Georgia. A “universe” of potential track lines will be identified for the survey area prior to each season by NMFS after consultation with the contractor and others.

Track lines will be oriented perpendicular to shore extending from the shoreline to no greater than 80 km from shore. Survey area and universe of track lines that will generally be flown are illustrated in Figure 2.

c. Daily surveys will consist of flying a subset of transects selected from the universe of track lines.

The transect set will be dynamically determined in coordination with other aerial survey teams and based on a number of factors including weather, military airspace closures and predictive models generated by Florida Fish and Wildlife Conservation Commission (FWC) and consistent with EWS Aerial Survey Protocols. The FWC contact to obtain predictive models is katharine.jackson@myfwc.com.

d. Daily surveys are estimated to require up to 6 hours of flight time. The Contractor is not expected to exceed a maximum of 350 flight hours for the four-month survey season.

e. The Contractor shall be available to fly (7) seven days per week, but surveys shall only be conducted in conditions of Beaufort sea state of four (4) or less.

f. Surveys will be coordinated with any other aerial survey team operating in the SEUS core area to result in optimal joint coverage of the survey area and to meet NMFS’s needs.

g. Surveys will be flown at a standard operational altitude of 1000 feet above sea level to maximize the ability to view right whales. Operational survey speed will be 185 km/hr over ground. Surveys will be flown only in visual flight regulations (VFR) flight conditions. The contractor is expected to follow a risk-averse strategy to avoid unnecessary risk to the safety of the aircraft crew and pilots.

h. Aerial surveys, communication of sightings, data sharing, and in-season collaboration shall be consistent with EWS Aerial Survey Protocols.

i. In coordination with the Contractor, NMFS may make modifications to the EWS Aerial Survey Protocols during the course of the contract if changes need to be made to survey methods, data management procedures or other project parameters. NMFS does not anticipate that modifications to survey protocols will result in additional expense to the Contractor. However, if an additional expense is forecasted, approval will need to be obtained from the Contracting Officer via a modification prior to commencing work.

j. In the event of a sighting or report of an entangled, injured or dead floating whale, the survey team may be temporarily redirected off-effort as directed by the Southeast Right Whale Recovery Coordinator, or designee, to respond to the sighting at no additional cost to the government. NMFS does not anticipate increased flight time associated with these responses. It is also possible that these responses may require effort outside of the SEUS core area universe of tracklines.

k. The scientific party shall consist of at least two observers, one positioned on each side of the aircraft. At least one observer in the aircraft will be listed as an investigator on a NMFS research permit and be authorized to conduct North Atlantic right whale aerial surveys (see “Requirements” below).

l. High-resolution digital photographs to be used for identification will be collected from all individual right whales that are observed, as conditions and whale behavior permit. Photographs shall be collected in a manner that does not compromise flight safety or completion of surveys.

The contractor shall use aerial photographic protocols developed by NMFS and its cooperators (New England Aquarium, Boston, Massachusetts; and Provincetown Center for Coastal Studies, Provincetown, Massachusetts).

m. NMFS may require photographs and real-time information on the within-season sighting history of any right whale observed in the SEUS that exhibits signs of recent human interaction.

4. Data – Aerial survey data will collected, managed and disseminated in accordance with the EWS Aerial Survey Protocols (Attachment 1), including the following:

a. The Contractor shall collect data during aerial surveys, including:

mailto:katharine.jackson@myfwc.com

i. Whale “survey effort and event data” for the North Atlantic Right Whale Sightings

Database, including environmental data, survey effort data, and all sightings of large whales, leatherback sea turtles, manta rays and manatees,

ii. Right whale “photo-identification data” for the North Atlantic Right Whale Catalog,

iii. Photographs and associated data for entangled, injured and dead large whales, and

iv. Whale-vessel interactions (WVIs).

b. The Contractor shall disseminate whale sighting data to maritime interests:

i. In near-real-time via the EWS WHALE ALERT System, and

ii. Within 24 hours via www.whalemap.org.

c. The Contractor shall process and submit all whale and survey data according to established North

Atlantic Right Whale Consortium protocols and as outlined in the EWS Aerial Survey Protocols.

d. The Contractor shall be responsible for ensuring that data are backed up and stored securely to prevent accidental data loss.

5. Weekly Performance Records No later than Wednesday of the following week, the Contractor shall make available survey activities conducted from the previous Monday through Saturday. Report format and contents shall follow that described in the EWS Aerial Survey Protocols (Attachment 1), but generally include a graphic of survey tracks and whale sighting locations, reason if no survey was flown, number and preliminary identifications of individual right whale sightings, and other large whale sightings.

6. Quality Assurance Surveillance Plan

Quality Assurance Performance Objective

Standard

Acceptable Quality Level

(AQL)

Surveillance Method

(Performance Requirements)

(Performance Standard) (Performance Metrics)

(Quality Assurance)

Individual Right Whale Identification

Photographs to be used for identification shall be made of individual right whales. The contractor shall use aerial photographic and record-keeping protocols developed by NMFS, NEA, and PCCS.

90% of observed individuals are adequately photographed for identification purposes. 70% of individuals are preliminarily identified within 3 days of being observed.

Random Inspection

Survey High Priority Spatial Area

Emphasis is to survey lines with highest predicted whale density based on sightings and models. Predictive models will be provided by FWC on a weekly or semi-monthly schedule.

Attempt is made to fly assigned whale dense” survey lines on 90% of days with acceptable survey conditions.

Random Inspection

Collaborate with other SEUS aerial survey teams to effect most efficient coverage of SEUS survey lines between survey teams.

Collaboration is professional and plans are mutually agreed upon after assessing flight options.

Customer Feedback http://www.whalemap.org

7. End of Season Requirements

a. The Contractor shall attend and present aerial survey findings to the Southeast Recovery Plan

Implementation Team (SEIT) during their spring meeting, annually. The meeting date and location will be identified by the SEIT, but is likely to be in the May timeframe and in Georgia or northeast Florida.

b. By May 31, annually, the Contractor shall deliver all quality-controlled, final aerial “survey effort

Comply with existing NOAA policies and

NMFS SER

provisions

Aircraft shall meet the “preferred certification” described in the NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys:

December 2024 (e.g., operated and maintained under 14 CFR Part 135). All other requirements listed in the SER Minimum Aircraft and Crew Provisions (Attachment 2) will be followed.

Enter right whale sightings into EWS Communication Network

Sightings shall be distributed via EWS communication network and WhaleMap as prescribed in the EWS Aerial Survey Protocols.

Requirements met 95% of time. Random Inspection

Responsive to the needs of the government

The contractor will demonstrate a willingness to examine potential changes and discuss legitimate challenges associated with potential changes with the COR. If, at no cost and after discussion with the contractor, the government/COR still request the desired change, the change will be implemented.

100% positive response to government change request

Customer Feedback

Customer Service Communications and interactions with the government, other right whale recovery partners, and marine users are professional and courteous.

Feedback is positive 98% of time Customer Feedback

Collaborates with other SEUS Researchers

Information on sightings, animal IDs, etc. are shared promptly with other SEUS researchers using Google Drive or similar cloud- based service.

Feedback is positive 98% of time Customer Feedback

Weekly Reports and Whale/ Vessel Interaction Forms

Weekly reports are generated and submitted as prescribed in the EWS Aerial Survey Protocols.

98% of reports are submitted on time.

Random Inspection

Photo-Identification and Survey Effort Data

Photo ID data (electronic images and datasheets) and effort data are generated as prescribed in the EWS Aerial Survey Protocols and submitted by May 31st.

100% timeliness. April 30 inspection

Draft and Final Annual Survey Summary Report

The draft and final summary report, containing information as specified in the SOW, will be submitted by timelines specified in the SOW.

100% timeliness. April 30 Inspection and event data,” including electronic data, sighting data sheets, etc., that were collected under this contract, as directed in the EWS Aerial Survey Protocols and in “IV. Deliverables” below.

c. By May 31, annually, the Contractor shall deliver all “photo-identification data,” including all original photographs and associated data that were collected under this contract, as directed in the EWS Aerial Survey Protocols and in “IV. Deliverables” below.

d. Annually, the Contractor shall deliver a draft and final performance report, as directed in the EWS Aerial Survey Protocols and in “8. Annual Performance Report” and “IV. Deliverables” below.

8. Annual Performance Report

a. The Contractor shall report on the following information, collected from surveys conducted under this contract, in an annual report:

i. Number of survey days flown and monthly on-effort trackline distance (nmi);

ii. Graphical illustration of the density distribution of survey effort and locations of right whale sightings;

iii. The number and identification of individual right whales observed including age, sex, and reproductive status (if known);

iv. Number of entangled whales observed, and summaries of incidents

v. Number and description of injured and dead whales observed

vi. Number of whale/vessel interactions observed, including incident summaries.

vii. Number of humpback and other large whale sightings recorded.

b. By May 31, annually, the Contractor shall submit to the Government an electronic copy of the report containing information outlined in preceding paragraph “a”.

c. The Contractor will be required to work with NMFS and the GDNR aerial survey team on developing a calving season report that combines and consolidates results from SEUS aerial survey efforts.

V. DELIVERABLES

The following deliverables shall be delivered at the specified times.

Delivery Date Item Description Recipient5

5/31 Final QA/QC’d aerial survey effort and event data 1, 2

5/31

All photo-identification images and associated datasheets; transmittal letter/s 1-2

5/31 Draft final report 1

30 days following receipt of comments from the government on draft final report Final Report (PDF formatted e- copy) 1-2

5Numbers correspond to addresses listed in C.6 “Delivery Locations.” Deliverables should be sent to addresses listed in C.6 “Delivery Locations” unless otherwise specified.

Delivery addresses for deliverables, unless otherwise specified, shall be:

1. Kara Shervanick Southeast Right Whale Recovery Coordinator NMFS Protected Resources Division 6

263 13th Ave. South St. Petersburg, FL 33701 Email: kara.shervanick@noaa.gov Phone: 727-824-5350

2. Annie Gorgone

NMFS Southeast Fisheries Science Center 101 Pivers Island Road Beaufort, NC 28516 Email: annie.gorgone@noaa.gov Phone: 252-666-7410

VI. REQUIREMENTS

1. The Contractor shall possess, acquire, or be listed as a Co-Investigator on, all applicable MMPA and ESA permits. Information on how to apply for NMFS scientific research permits is available at:

https://www.fisheries.noaa.gov/permit/esa-scientific-research-and-enhancement-permits.

2. The contractor shall provide all equipment necessary to conduct the aerial survey and other tasks described in this SOW.

3. Prior to award, and throughout the duration of the contract performance period upon request, the Contractor shall provide documentation that aircraft utilized under this contract meet the “preferred certification for planned or routine aerial surveys” described in the NOAA Fisheries SER Minimum Aircraft and Crew Provisions Right Whale Aerial Surveys: December 2024 (e.g., using aircraft that are operated and maintained under provisions of 14 CFR Part 135). All other requirements listed in the SER Minimum Aircraft and Crew Provisions (Attachment 2) will be followed.

4. Observers shall have previous experience in surveys for marine mammals, and be trained and experienced in the identification of marine mammals.

5. One member of the scientific party must have previous experience taking right whale photographs from the air and be proficient in identifying individual right whales.

6. The Contractor shall conduct surveys consistent with the “NOAA Fisheries SER Minimum Aircraft and Crew Provisions for Right Whale Aerial Surveys: December 2024”

7. Surveys, protocols, and collaborations shall be consistent with the EWS Survey Protocols (Attachment 1).

8. The Contractor shall hold and save the Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject to or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees, and agents.

9. Occasionally, law enforcement investigations will take place as the result of information collected under this contract/grant. If the contractor is notified that a law enforcement investigation is underway, the contractor shall refrain from distributing information obtained under this contract and related to the incident under investigation unless prior permission is obtained from the Southeast Large Whale Recovery Program Coordinator.

mailto:kara.shervanick@noaa.gov mailto:annie.gorgone@noaa.gov https://www.fisheries.noaa.gov/permit/esa-scientific-research-and-enhancement-permits

10. Photographic credit for all photos obtained under this contract shall be as follows: [Contractor]/NOAA.

11. During media interviews, in publications, etc.; the Contractor shall acknowledge U.S. Army Corps of

Engineers, U.S. Coast Guard, U.S. Navy, and NMFS as funding sources for all efforts paid for under this contract. The contractor shall coordinate with NOAA prior to releasing any data or information to the media or public that may have implications for new or ongoing law enforcement investigations (see VI.9 above).

12. The government reserves the right to include findings (sightings, photographs, data, etc.) from this work in agency reports, newsletters, responses to media, etc. NOAA will appropriately acknowledge the contractor and satisfy any conditions specified by permits, etc.

13. Required Knowledge and Experience: The Contractor must have and be able to provide technical expertise and experience with early warning systems protocols and aerial surveying.

Figure 1

General area and universe of track lines that may be surveyed during the right whale calving season, including the subset of SEUS core area transects (green and blue lines) and the Carolinas survey area transects (orange lines).

This map is for illustrative purposes only; the actual survey transects may change slightly among seasons but will generally encompass nearshore Atlantic Ocean waters along the coasts of North Carolina, South Carolina, Georgia, and Northeast Florida.

Figure 2

General area and universe of track lines that may be surveyed in the core area during the right whale calving season. The green transect lines are the default lines for most survey days; the blue lines are extended segments that may be flown when weather conditions, whale distribution or other factors allow. This map is for illustrative purposes only; actual survey core survey transects may change slightly among seasons but will generally encompass nearshore Atlantic Ocean waters along the coasts of Georgia and Northeast Florida.

V. Period of Performance

The overall period of performance is June 15, 2025 until June 14, 2030

VI. Place of Performance

Performance of the contracted tasks will occur at the vendor’s facilities and/or locations identified as part of tasks 3 and 4.

VII. Government-Furnished Resources The Government will not furnish any resources to the Contractor in support of this contract. The Contractor shall provide and retain the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the minimum duties specified herein.

The Government will provide any necessary information, data and documents to the Contractor for work required under this contract, unless it is developed with and by the Contractor.

VIII. Travel, and Training

a. Training: Contractors are required to complete all NOAA mandated training such as IT security training.

b. Travel: Personnel travel shall be required to support this requirement. The Contractor shall be responsible for all travel arrangements and expenses, appropriate lodging, and all expenses associated with performing the work required under this contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. These regulations can be found at www.gsa.gov.

IX. Special Requirements

a. Confidentiality and Data Privacy

This contract may require that services contractors have access to Privacy Information. Services contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order.

Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c. IT Security The contractor will not require access to Federal Buildings or DOC Systems.

d. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and 11

Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194.

The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

e. Inclusion of Clause 52.217-8 Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

X. CONTRACTORS INVOICE

Per NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor shall submit an invoice, with back-up documentation, for a dollar amount reflecting the percent of overall progress achieved during that billing period (as a % of the overall Firm-Fixed-Price) electronically to the COR for review and approval. Once approved by the COR, the Contractor will be required to submit the invoices via the Department of Treasury Invoice Processing Platform (IPP). Final determination of progress and payment to be made, if the Contractor and COR cannot reach agreement, shall be made by the CO.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception. (End of Clause) http://www.access-board.gov/ http://www.section508.gov/ https://www.ipp.gov