RFQ.1305M221QNFFM0069.pdf

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Base Period - The Contractor shall provide Study Fleet Data Collection and Reporting Services in accordance with Section 6 of the Statement of Work.

Period of Performance: 09/15/2021 to 09/14/2022

4.00 EA

OPT

0002 Option Item for Delivery of Whole Fish Samples in accordance with Section 7 of the Statement of Work for the Base period and each exercised option period. SUBCLIN pricing is identified in Paragraph 7.2.

Period of Performance: 09/15/2021 to 09/15/2026

1.00 EA

OPT

0003 Option Item for Collection of Biological Information and

Other Relevant Scientific Information in accordance with Section 8 of the Statement of Work for the base period and each exercised option period.

Period of Performance: 09/15/2021 to 09/14/2026

1.00 DA

OPT

0004 Option Item for Contractor Travel to Participate in

Additional Cooperative Research Meetings in accordance with Section 9 of the Statement of Work for the base period and each exercised option period.

Period of Performance: 09/15/2021 to 09/14/2026

1.00 DA

OPT

0005 Option Item for Additional Insurance Beyond Required

Rider in accordance with Section 10 of the Statement of Work for the base period and each exercised option period.

Period of Performance: 09/15/2021 to 09/14/2026

1.00 EA

OPT

0006 Option Item for Additional Work Requirements for Testing in accordance with Section 11 of the Statement of Work for the base period and each exercised option period.

Period of Performance: 09/15/2021 to 09/14/2026

1.00 DA

OPT

0007 Option Item for Contractor Participation at Local Study

Fleet Meetings in accordance with Section 12 of the Statement of Work for the base period and each exercised option period.

Period of Performance: 09/15/2021 to 09/14/2026

1.00 DA

OPT

0008 Option Year 1 - The Contractor shall provide Study

Fleet Data Collection and Reporting in accordance wit Section 6 of the Statement of Work.

Period of Performance: 09/15/2022 to 09/14/2023

4.00 EA

PAGE 2 OF 61 1305M221QNFFM0069

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

OPT

0009 Option Year 2 - The Contractor shall provide Study Fleet

Data Collection and Reporting in accordance with Section 6 of the Statement of Work.

Period of Performance: 09/15/2023 to 09/14/2024

4.00 EA

OPT

Option Year 3 - The Contractor shall provide Study Fleet Data Collection and Reporting in accordance with Section 6 of the Statement of Work.

Period of Performance: 09/15/2024 to 09/14/2025

4.00 EA

OPT

0011 Option Year 4 - The Contractor shall provide Study Fleet

Data Collection and Reporting in accordance with Section 6 of the Statement of Work.

Period of Performance: 09/15/2025 to 09/14/2026

4.00 EA

PAGE 3 OF 61 1305M221QNFFM0069

Section I Statement of Work

1305M2-21-Q-NFFM-0069

National Oceanic Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS)

Northeast Fisheries Science Center (NEFSC) for

Northeast and Mid-Atlantic Study Fleet Services For Cooperative Research

NOTE: Contract administration for any award resulting from this solicitation will be transferred to the Western Acquisition Division, 7600 Sand Point Way NE SOU6, Bldg. 1, Seattle, WA 98115

1. INTRODUCTION

This is a requirement for vessel support for Northeast Cooperative Research Branch Study Fleet activities in Northeast and Mid-Atlantic Fisheries. The current research topics relate to enhanced stock monitoring through the use of electronic reporting technology and testing, tracking the use of more selective fishing gears and practices, linking oceanographic and socioeconomic factors to fishery models, and real-time data transmission.

2. BACKGROUND

The National Marine Fisheries Service (NMFS), Northeast Fisheries Science Center (NEFSC) has developed an electronic data collection system that supports detailed tow-by-tow recording of fishing effort and catch (kept and discarded portions) with associated temperature and depth data. The system records detailed effort metrics, catch composition, and biological sampling information in support of fisheries science and conservation engineering. Commercial fishing vessels participating in groundfish, herring, squid, mackerel, and other fisheries are needed to provide long-term tow-by-tow data using the NEFSC Fisheries Logbook Data Recording Software (FLDRS), automated oceanographic sensors, and real-time data transmission.

3. SCOPE

The NEFSC Cooperative Research Branch, along with other branches within the NEFSC, requires Contractor support in one or more areas of scientific investigation. The Cooperative Research Branch complements other NMFS programs and contributes to improved fishery stock assessments, understanding the impact of management measures, and developing oceanographic data collection programs associated with fisheries.

Supported research projects for this contract will require participation by commercial fishing vessels participating in the groundfish, herring, mackerel, squid or other fisheries. Those with prior experience with electronic reporting software, and vessels interested in assisting with the development of electronic reporting systems are encouraged to apply.

The Contractor shall assist in collecting and reporting tow-by-tow data through an electronic logbook system.

This will be accomplished through use of the NEFSC FLDRS. The contractor will also support the use and development of oceanographic data collection systems consistent with the vessel’s normal fishing practices, real-time data transmission systems, and the testing of new hardware, software, and data collection protocols.

Various software packages may be installed on the vessel’s dedicated reporting laptop at the direction of the Contracting Officer’s Representative (COR).

Work shall be on a schedule consistent with the vessel’s fishing practices and agreed-upon research projects.

4. PLACE OF PERFORMANCE

The place of performance for this contract is inshore and offshore waters of the Northeast and Mid-Atlantic.

5.0. APPLICABLE DIRECTIVES

5.1. Vessel Safety

The Contractor shall ensure a United States Coast Guard (USCG) Fishing Vessel Safety Inspection has been passed within one (1) year of the date of award. The vessels shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations (CFR), Part 28. The vessel shall be outfitted with personal floatation devices and survival craft of sufficient number and capacity to accommodate all on board including visiting scientific party and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. Survival suits for the ship’s crew must be provided by the Contractor; the scientific party shall provide their own survival suits. The Government reserves the right to inspect the vessels for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the work under this contract.

5.2. Stability

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

5.3. Material Condition, Structural and Watertight Integrity

Throughout performance of this contract, the Contractor shall maintain a record of one or more of the following, reflecting the vessel’s current configuration, as evidence of the vessel being maintained in a seaworthy condition: evidence of a drydocking survey, or underwater survey in lieu of drydocking, and an internal structural examination within two (2) years; or proof of satisfactorily passing an inspection completed by the Contractor’s marine insurance carrier. If the insurer inspection report occurred more than one (1) year prior to contract award, a current inspection may be requested by the NEFSC if the current vessel configuration differs from the description in the insurance inspection report. The Government reserves the right to inspect the vessel’s material condition with respect to maintenance of vital systems, vessel configuration, and watertight integrity prior to award.

5.4. Regulatory Compliance

The vessel shall be outfitted, operated and maintained to meet all applicable federal, state and local environmental, health, safety and pollution control regulations. The Contractor shall have on board during the currency of this contract all certificates, records and other documents required by applicable laws and regulation including a “Certificate of Financial Responsibility” meeting requirements of the U.S. Coast Guard for vessels over 400 tons. Vessel must not have any current operator or vessel permit sanctions.

5.5. Exempted Fishing Permits

The Contractor shall comply with the conditions set forth in any Exempted Fishing Permits (EFP) issued to the vessel, including reporting requirements.

6.0. QUARTERLY PERFORMANCE REQUIREMENTS

6.1. General Quarterly Performance Requirements - On a quarterly basis, the Contractor shall:

a. Provide approved equipment and hardware for tow-by-tow fishery data collection: See Section 6.2 below. Oceanographic data collection, telemetry, and any other specialized equipment will be provided by the NEFSC.

b. Participate in onshore and at-sea training and troubleshooting on fishery and oceanographic reporting software, consistent with the vessel’s normal fishing practices.

c. Report tow-by-tow data during normal commercial fishing trips.

d. Review and edit data when necessary within 30 days of error notice.

e. Provide feedback on the development and utility of associated software and hardware systems; and

f. Ensure that no subcontractor management issues negatively affect the performance of the requirements under the contract, including data quality.

6.2. Information Technology and Equipment Requirements

The Contractor shall provide a dedicated computer which shall be used to collect the Study Fleet tow-by-tow data, and may be wired into the vessel’s depth sounder to automate filling required data fields. A secondary GPS unit may be required which will be integrated with the computer or data collection equipment.

If data transmission of the electronic logbook data will occur via a vessel monitoring system (VMS), the vessel’s VMS must be connected to the Study Fleet laptop. Captain and crew should be aware that Study Fleet staff may have access to VMS email records unless they are routinely deleted from the computer.

The Contractor must have fully functional equipment within the first quarter of contract award as described in section 14.1 and attachment C. The minimum requirements for participation using FLDRS software use are:

1. Dedicated Laptop Computer with the following minimum specifications:

a. Operating System: Windows 10 (32 or 64-bit) operating system. Note: Windows Vista has led to multiple technical issues and Windows 8 and Apple (Mac) products have not been tested.

b. Processor: I3 or later.

c. Hard drive: 60 GB minimum.

d. Memory: 2+ GB.

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

2. Dedicated GPS Receiver – must interpret NMEA 0183 data sentences - Note: Furuno and Northstar units have been used with great success: the Global Stat BU-353 USB GPS is a USB-port enabled GPS that has also worked well. Furuno GP-32 does not work with our systems.

3. Battery Backup/Surge Protection.

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

Other optional equipment includes:

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

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

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

6.3. Contractor Attendance at Government Provided Training

At the direction of the COR, the Contractor shall attend training necessary for use of the tow-by-tow software.

Initial training will take place within the first full fiscal quarter of the contract period. Most training can be done on the vessel. Follow-up training and troubleshooting will be scheduled by the NEFSC Study Fleet contact based on fishermen’s comments as well as preliminary analyses of the data collected. The Contractor shall attend follow-up training on an agreed-upon schedule at the direction of the COR.

6.4. Contractor Participation and Support of Coordination Meetings

On a periodic basis, the Contractor shall meet with Study Fleet staff members at the vessel in order install systems, discuss any technical issues, provide feedback, offer suggestions and allow for the download and archiving of supplementary data. Trouble-shooting meetings between the vessel operator and the NEFSC field technician may be necessary after the first initial trips, and with new software and hardware installations. These meetings may occur at the dock or while at sea during fishing operations on an agreed upon schedule. Regular check-up meetings at the vessel will occur throughout the contract period.

6.5. Electronic Logbook and Oceanographic Data Reporting

The Contractor shall provide electronic logbook reporting (tow-by-tow), collection of oceanographic data, and recording of dynamic data elements such as gear parameters when applicable through the FLDRS logbook. This data shall be submitted to the NEFSC Cooperative Research Branch. Vessel operators who are required to file vessel trip reports (VTRs) with the NMFS, Greater Atlantic Fisheries Regional Office (GARFO), must continue to do so, and may do so via paper VTRs, or through eVTR on the FLDRS system. Vessel operators shall use on all trips during the period of this contract. All electronic trip data shall contain Captain’s hail amounts of both the retained and discarded portion of the catch. Within five (5) days of contract award, the Contractor shall sign a waiver agreeing to the release of all data collected during the contract period. The waiver is provided as Attachment A - Data Waiver.

6.6. Reporting and Performance Periods

It is understood that seasonal area or fishery closures may occasionally result in a Contractor not conducting fishing trips for a period of time. Not fishing for a period of more than 30 days during a reporting quarter will result in deductions to contract payment for that quarter. Repeated non-reporting periods of more than 30 days during the contract period may be considered grounds for Termination for Cause. See section 14.1 and QASP attachment.

6.7. Data Transfer

The Contractor shall transfer data from the vessel to NEFSC databases. This may be accomplished through a Vessel Monitoring System (VMS) system, through wireless data services, through a combination of both, through a program-provided telemetry system, or through Study Fleet-approved sector management tools. Data transmission through VMS services may require an increase in vendor data allowance.

6.8. Trip Data Review and Editing

The Contractor shall review and edit data when necessary within 30 days of error notice.

This may be accomplished through either a shore-based computer with internet access, or via an onboard computer with a mobile broadband card and data plan. Within five (5) days of contract award, the Contractor shall sign a Non-disclosure form for use of government network systems needed to access data. The Non-disclosure form is provided as Attachment B - Non-Disclosure Form for Use of Government Network Systems.

6.9. Contractor Support of NEFSC Staff on Vessel Deployment

Within each contract year, NEFSC staff will sail with the vessel periodically to:

a. Conduct independent verification of catch and effort estimates;

b. Test new logbook modifications, and

c. Test other electronic data collection tools.

Within each contract year, the Contractor shall provide up to 20 days of field staff deployment at sea. The Contractor shall be responsible for providing meals and bunk accommodations to staff during these trips and shall cooperate fully with field staff in scheduling staff deployments at mutually agreeable times. Additional vessel insurance will NOT be required for NEFSC Field technician deployment.

7.0. OPTION ITEM FOR DELIVERY OF WHOLE FISH SAMPLES – CLIN 0002

7.1. General Description of the Option Item

Whole fish samples may be required for specific projects and during specific periods of time during the contract year, and will be compensated as described in Section 7.2.

7.2. Pricing for Option Items

Base prices for biological samples are provided in the contract schedule under Contract Line Item (CLIN) 0002 and CLIN Sub-Line Item Numbers (SLINs). The base prices have been determined from examining the average US price listed in Fisheries of the US, as well as regional port prices as identified below:

SUB-

CLIN

FISH TYPE QTY COST

0002a Atlantic Cod 1 lb $3.35 0002b Winter Flounder 1 lb $3.00 0002c Summer Flounder 1 lb $4.25 0002d Yellowtail Flounder 1 lb $2.50 0002e Haddock 1 lb $3.00 0002f Monkfish 1 lb $3.00 0002g Tilefish 1 lb $3.50 0002h Skates 1 lb $1.00

0002i Atlantic Herring 1 lb $.75 0002j Atlantic Mackerel 1 lb $1.00 0002k Black Sea Bass 1 lb $4.75 0002l Butterfish 1 lb $1.00 0002m Halibut 1 lb $8.00 0002n Illex Squid 1 lb $1.75 0002o Lobster 1 lb $6.25 0002p Loligo Squid 1 lb $1.75 0002q Ocean Perch

(Redfish) 1 lb $1.75

0002r Pollock 1 lb $1.75 0002s Scup 1 lb $1.00 0002t Sea Scallop (Cut) 1 lb $12.50 0002u Silver Hake 1 lb $1.50 0002v Spiny Dogfish 1 lb $1.00 0002w Other Species 1 lb $2.00 0002x Exempted Fish

Permit (EFP) Fish up to 50 lbs

1 Lot

$50.00

0002y Exempted Fish Permit (EFP) Fish above 50 lbs

1 lb

$1.00

0002z Atlantic Cusk 1 lb $2.00

7.3. Unilateral Option

At the Government’s unilateral option and direction, the Government may require the Contractor to provide specific biological samples which must be collected and documented on the appropriate Study Fleet Program forms.

7.4. Process for Exercise of Option

Requests to exercise the option for samples will be sent from NEFSC staff to the Contracting Officer’s Representative (COR). The COR will forward the request to the Contracting Officer with a funding document.

The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of required performance and delivery. Written notice may take the form of fax, email, letter, or other electronic medium.

7.5. Increased Quantity

The contract schedule includes an item price for one unit of each possible sample type. Delivery of the added quantities of priced items shall continue at the same rate(s) as the like item(s) called for under the contract, unless the parties otherwise agree.

7.6. Contractor Special Packing, Marking and Delivery Requirements for Option Item

Under performance of this option, Contractors are required to use the FLDRS electronic logbook during the selected trips, and fish will be landed whole (not dressed), iced, and in marked fish totes provided by and delivered to Study Fleet staff.

7.7. Vessel Trip Report Application to Option Item

Operators responsible for VTR reporting should list all transactions for legal fish samples sold to Cooperative Research on the required VTRs; the dealer should be listed as “NMFS NEFSC Coop. Res., dealer permit number 3827” on their VTRs and in the FLDRS electronic logbook records. Any fish retained under this option will be deducted appropriately from the sector’s Annual Catch Entitlement (ACE) or common pool Total Allowable Catch (TAC).

7.8. Special Requirements for Exempted Fishing Permit (EFP) Fish

This Option includes samples of fish that are landed under an Exempted Fishing Permit (EFP), such as those that are under-sized or amounts which exceed the Federal landing regulations (See CLIN 0002, SLINs 0002x and 0002y). Fish delivered under EFP requirements must be reported according to the requirements in the EFP.

8.0. OPTION ITEM FOR THE COLLECTION OF BIOLOGICAL INFORMATION AND OTHER

RELEVANT SCIENTIFIC INFORMATION – CLIN 0003

8.1. General Description of the Option Item

The Government may require the Contractor to collect biological and other relevant scientific information on species requested by the NEFSC. Examples of this information are length frequencies and sex ratios of commercially important and bycatch species.

8.2. Pricing for Option Items

CLIN 0003 in the Schedule of Items and Prices provides the unit price for a day of biological sampling and other scientific information collection.

8.3. Unilateral Option

At the Government’s unilateral option and direction, the Government may require the Contractor to provide biological and other relevant scientific information as requested by the NEFSC. Sub-sampling procedures may be described in detail depending on the species sampled and the required information. Government training may be provided. A typical sampling or sub-sampling effort can range from 15 minutes to 30 minutes, and rarely more than 45 minutes per tow depending on the size of the tow. Sampling protocols will be designed to have negligible impact on the vessel’s normal fishing activity.

8.4. Process for Exercise of Option

Requests for scientific information will be sent from NEFSC staff to the COR. The COR will forward the request to the Contracting Officer with a funding document. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of required performance and delivery. Written notice may take the form of fax, email, letter, or other electronic medium.

8.5. Increased Quantity

The contract schedule includes an item price for one day of biological and scientific information collection.

Delivery of the added days shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree.

8.6. Contractor Special Packing, Marking and Delivery Requirements for Option Item

Under performance of this option, the Contractor is required to use the FLDRS electronic logbook or Study Fleet-approved sector reporting tow-by-tow software during the selected trips, and record and deliver the data in the format provided by the NEFSC.

9.0. OPTION ITEM FOR CONTRACTOR TRAVEL TO PARTICIPATE IN ADDITIONAL

COOPERATIVE RESEARCH MEETINGS – CLIN 0004

9.1. General Description of the Option Item

The Government may require the Contractor to travel to participate in Cooperative Research meetings to discuss Study Fleet program results and future deployments. This travel is anticipated to consist of no more than one (1) to two (2) overnight stays with a total of approximately five (5) travel days per contract period. Meetings may consist of annual Cooperative Research meetings, Fishery Management Plan Working Group Meetings, or may be in conjunction with Fishery Management Council meetings.

9.2. Pricing for Option Items

The cost for this option will be processed as contract modification under CLIN 0004. For quote purposes a plug number of $200.00 has been used. If the option is exercised, a price will be negotiated based on the actual travel needed.

A travel day will consist of more than five (5) hours spent traveling to and from, and participating in a meeting.

This item is inclusive of all possible travel expenses, to include but not limited to, transportation, lodging and meal expenses.

9.3. Unilateral Option

At the Government’s unilateral option and direction, the Government may require the Contractor to travel to additional cooperative research meetings above those already described in Section 6.

9.4. Process for Exercise of Option

Requests for travel will be sent from NEFSC staff to the COR. The COR will forward the request to the Contracting Officer with a funding document. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of required travel. Written notice may take the form of fax, email, letter, or other electronic medium.

9.5. Increased Quantity

The contract schedule includes an item price for one day of travel. Delivery of the added days shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree.

10.0. OPTION ITEM FOR ADDITIONAL INSURANCE– CLIN 0005

10.1. General Description of the Option Item

The Government may require additional insurance for special projects should the need be determined by the

COR.

10.2. Pricing for Option Items

CLIN 0005 in the Schedule of Items and Prices provides the unit price for additional coverage consisting of a rider policy providing coverage at a minimum of $1.0 million in excess of aggregate coverage for a block of 10 non-consecutive days.

10.3. Unilateral Option

At the Government’s unilateral option and direction, the Government may require the Contractor to provide additional coverage consisting of a rider policy providing coverage at a minimum of $1.0 million for a block of 10 non-consecutive days.

10.4. Process for Exercise of Option

Requests for additional insurance will be sent from NEFSC staff to the COR. The COR will forward the request to the Contracting Officer with a funding document. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of required performance and delivery. Written notice may take the form of fax, email, letter, or other electronic medium.

10.5. Increased Quantity

The contract schedule includes an item price for a rider policy providing coverage at a minimum of $1.0 million for a block of 10 non-consecutive days. Delivery of the added insurance shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree.

11.0. ADDITIONAL WORK REQUIREMENT (AWR) FOR SPECIALIZED RESEARCH AND

TESTING – CLIN 0006

11.1. Requirements for Testing

The Contractor may be requested to engage in more extensive research or testing of new equipment and approaches that may be separate from fishing activities through the performance of additional services requests.

With the availability of additional financial resources, the NEFSC COR will oversee the allocation of funding for additional services requests. These requests will be processed as contract modifications under CLIN 0006.

For quote purposes a plug number of $500.00 has been used. If the option is exercised, a price will be negotiated based on the actual services needed.

Research and testing shall be in support of broader applications of tow-by-tow and oceanographic data collection and transmission. Some examples of recent and potential research and testing areas are:

a. Specialized sampling to detect habitat differentiation.

b. Specialized testing of reporting software for fixed gear fisheries.

c. Integration and Use of Radio Frequency Identification Equipment.

The Contractor shall be able to perform additional test requirements during the contract period of performance without causing delay or disruption to the performance of the basic services or option items under this contract, any other contract, or any other work in process for the Government.

As the need for research and testing services may arise, the Contracting Officer will issue to the Contractor proposed Additional Work Requirements (AWR) to accomplish the testing described in this section. AWRs will specify work to be performed. The terms and conditions set forth in the contract will always apply. The pricing arrangement, the cost or price, and the period of performance will be established for each AWR. When authorized in the AWR, the following items may be reimbursable: supplies, equipment, and travel. The period of performance of an AWR will not extend past the contract’s expiration date.

The AWR will be issued by a contract modification on a Standard Form-30 and will be subject to the terms and conditions of the contract. The contract shall govern in the event of a conflict with any AWR. The Contracting Officer and Contractor shall reach agreement on the material terms of each AWR prior to its issuance.

11.2. AWR PROPOSALS

The response to requests for planned AWRs shall contain the following, at a minimum:

a. Number of test or research days.

b. If applicable, proposed travel, broken out into number of trips, number of travelers, and duration of trip (including transit time) for each destination. Cost detail shall be shown for all items, including commercial transportation, daily per diem rate(s), personal mileage, daily car rental, etc.

c. An explanation and basis for each item of “other direct costs” proposed, such as, materials or reproduction costs.

12.0. OPTION ITEM FOR CONTRACTOR PARTICIPATION AT LOCAL STUDY FLEET

MEETINGS – CLIN 0007

12.1. General Description of the Option Item

The Government may request the Contractor to participate in local meetings to discuss Study Fleet program results and future deployments. These meetings will be within a local range and for duration of less than five

(5) hours (Generally 2-3 hours).

12.2. Pricing for Option Items

CLIN 0007 in the Schedule of Items and Prices provides the base price for participation in a local Study Fleet meeting for less than five (5) hours.

12.3. Unilateral Option

At the Government’s unilateral option and direction, the Government may require the Contractor to participate in meetings additional to individual contractor meetings with Study Fleet staff already described in Section 6.

12.4. Process for Exercise of Option

Requests for Contractor participation in meetings will be sent from NEFSC staff to the COR. The COR will forward the request to the Contracting Officer with a funding document. The Contracting Officer may exercise the option by written notice to the Contractor within two (2) days of the required meeting. Written notice may take the form of fax, email, letter, or other electronic medium.

12.5. Increased Quantity

The contract schedule includes an item price for one local meeting of less than five (5) hours. Delivery of the added days shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree.

13.0. Economic Price Adjustment for Option Item Prices

The Contractor warrants that the unit prices stated in the Schedule for Contract Line Item Number (CLIN) 0002 (and its SLINS), CLIN 0003, and CLIN 0005, are not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item.

The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

a. The aggregate of the increases in any contract unit price under this clause shall not exceed 20 percent of the original contract unit price.

b. The increased contract unit price shall be effective—

1. On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

2. If the written request is received later, on the date the Contracting Officer receives the request; or

3. On the effective date of the approved NEFSC market price.

c. The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

d. No modification increasing a contract unit price shall be executed under this paragraph “C” until the

Contracting Officer verifies the increase in the applicable established price.

Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

14.0. PERFORMANCE MEASUREMENT AND PAYMENT

14.1. Data Quality Standards

Performance Factor 1 must be achieved by the end of the first contract quarter. Performance Factors 2 through 5 will be effective beginning in the second full quarter of contract performance.

Required Services, Performance Standards, Acceptable Quality Levels (AQLs), Monitoring Methods, Evaluation Bases, and Incentive/Disincentives are captured in Table 1 Required Quarterly Performance Metrics.

Table 1 - Required Quarterly Performance Metrics

Table 1 – Required Performance Metrics Performance

Factor Required Service

Performance Standard

Acceptable Quality Levels

Monitoring Method

Evaluation Basis

Incentive (Negative)

1 Acquire necessary information technology and equipment, and participate in software training

Contractor will acquire all required information technology and equipment and participate in software training

100% First quarter check-in with technician

After First Quarter

Contractor payment for Quarter One will be reduced by 50%

2 Use of tow-by-tow reporting software during fishing activities without exceeding 30 days of non-fishing or

FLDRS

reporting

Contractor will not demonstrate a period of more than 30 days without fishing or FLDRS reporting activity

100% compliance with requirement

Automated monthly report

Quarterly Contractor quarterly payment will be reduced by 33.33% for every period exceeding 30 days without fishing or

FLDRS

reporting

3 Collection and transfer of ELB data to NEFSC databases during commercial fishing trips -data shall be uploaded within 30 days of trip

Contractor will collect and submit data to the Cooperative Research Branch on all commercial fishing trips within 30 days of trip

Contractor will collect and submit data within 30 days of trip to the Cooperative Research Branch on at least 75% of commercial fishing trips

Automated monthly report

Quarterly Contractor will not meet Tier 1 data quality standards

4 Vessel will record species and estimated weights (both retained and discarded) for each fishing effort

ELB records will show hail estimates for retained and discarded catch for each tow

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

Automated monthly report

Quarterly Contractor will not meet Tier 1 data quality standards

5 Collection of additional ‘dynamic’ data elements when requested

Additional data fields will be populated when required

100% of additional data fields will be populated when required

Automated monthly report

Quarterly Contractor will not meet Tier 1 data quality standards

14.2. Quality Assurance and Monitoring

The Government’s Quality Assurance monitoring, accomplished by the COR (and others as designated) as described in the attached Quality Assurance Surveillance Plan (provided as Attachment C – Quality Assurance Surveillance Plan), will be reported by generating an automated Contract Quarter Performance Summary. This summary will document the COR’s understanding of the contractor’s performance under the contract as determined by the automated, quarterly evaluation system to ensure that the requirements stated in the SOW are met.

14.3. Performance Incentives and Disincentives

Reduced Payment and Tiered Payment strategies will be employed based on contractor performance for a given quarter and the results of the automated, quarterly evaluation system. Payment Reductions and Tiers will be as follows:

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

b. Reduced quarterly payment of 33.33% for every period over 30 days without fishing or providing

FLDRS data reporting.

c. Tier 1 - ‘Satisfactory’ Performance: Performance metric AQLs for Factors 3 through 5 have been met;

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

d. Tier 2 - ‘Unsatisfactory’ Performance: Performance metric AQLs for Factors 3 through 5 are not being met; Contractor will receive 50% of the price for CLIN 0001 (CLINs 0008, 0009, 0010, and 0011 in the Option Years).

Repeated performance at Reduced Payment or Tier 2 levels may result in a Government finding of poor performance and lead to non-exercise of the option to extend the term of the contract or possible termination for cause.

Section II Contract Terms and Conditions

1. FEDERAL ACQUISITION REGULATION (FAR) 52.252-2 CLAUSES INCORPORATED BY

REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

Federal Acquisition Regulation (FAR) - https://www.acquisition.gov/content/regulations Commerce Acquisition Regulation (CAR) – https://www.acquisition.gov/content/regulations

(End of clause)

2. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C.