Sol_1305M324Q0292.pdf

1305M324Q0292

1. REQUEST NO.

5a. ISSUED BY

NAME

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10. PLEASE FURNISH QUOTATIONS TO

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OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

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IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/17/2024

1 81

7600 SAND POINT WAY NE BLDG 1

SEATTLE WA 98115

WAD-NMFS-Seattle Multiple

COOPERATIVE RESEARCH PROGRAM

28 TARZWELL DRIVE

NARRAGANSETT

RI 02882

NATHAN ROWSELL

07/15/2024 1400 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

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d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

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16. SIGNER

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a. NAME OF QUOTER

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NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1305M324Q0292 BASE

Section 2 - Combined Synopsis/Solicitation Section 3 - Line Items and Attachments Section 4 - Contract Terms and Conditions Section 5 - Other Contract Terms and Conditions Section 6 - Instructions to Offerors Section 7 - Evaluation

Section 2 - Combined Synopsis/Solicitation

NOAA NORTHEAST FISHERIES SCIENCE CENTER -NORTHEAST AND MID-ATLANTIC STUDY FLEET

SERVICES

i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with FAR Part 13, with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

ii) The solicitation number is 1305M324Q0292 and is as a request for quotation (RFQ).

iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2024-05, dated May 22, 2024.

iv) This solicitation is 100% set-aside for small business concerns. NOAA is contemplating up to fourteen

(14) awards from the solicitation. The associated NAICS code is 541715. The small business size standard is 1,000 employees.

v) Please see the line item list in section 3 for included line items.

vi) See performance work statement (PWS) in section 3 for description of requirement.

vii) See Sections 3 and 4 for period of performance and delivery information

viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition see section 6 for addenda, if any

(ix) FAR 52.212-2, Evaluation-Commercial Items applies. See Section 7 for additional information

(x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer or current SAM.gov reps and certs will apply.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. See section 4 for addenda for clauses, if any

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. See section 5 for 52.212-5 for applicable clauses

(xiii) See attachments for additional terms and conditions

(xiv) The Defense Priorities and Allocations System (DPAS) is not applicable

(xv) Offers shall be submitted no later than 07/31/2024 02:00 EST. Submit offers via email to the attention of the Contract Specialist, NATHAN ROWSELL, at NATHAN.ROWSELL@NOAA.GOV and http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P295_49268 https://www.acquisition.gov/far/part-13 the Contracting Officer, AMANDA ROSSITER, at AMANDA.ROSSITER@NOAA.GOV

(xvi) Contact the Contract Specialist, NATHAN ROWSELL, at NATHAN.ROWSELL@NOAA.GOV for information regarding the solicitation.

Section 3 - Line Items and Attachments

Item/Sub Number Description Quantity Unit of

Issue Unit Price Total Item Amount

Base Period - Study Fleet Data Collection and Reporting Services; This CLIN is based on 4 quarters in accordance with the PWS Section 3.1.

Period of Performance: 09/01/2024 - 08/31/2025

Optional Item: Delivery of Whole Fish Samples. Reference Ordering Schedule.

Period of Performance: 09/01/2024 -

08/31/2029 NTE $1,500.00

Optional Item: Collection of Biological Information NTE $40,000.00 Period of Performance: 09/01/2024 - 08/31/2029

Optional Item: Other Direct Costs (ODCs)-e.g. equipment, travel NTE $100,000.00 Period of Performance:

09/01/2024 - 08/31/2029

Option Period I - Study Fleet Data Collection and Reporting Services; This CLIN is based on 4 quarters in accordance with the PWS Section 3.1.

Period of Performance: 09/01/2025 - 08/31/2026

Option Period II - Study Fleet Data Collection and Reporting Services; This CLIN is based on 4 quarters in accordance with the PWS Section 3.1.

Period of Performance: 09/01/2026 - 08/31/2027

Option Period III - Study Fleet Data Collection and Reporting Services; This CLIN is based on 4 quarters in accordance with the PWS Section 3.1.

Period of Performance: 09/01/2027 - 08/31/2028

Option Period IV - Study Fleet Data Collection and Reporting Services; This CLIN is based on 4 quarters in accordance with the PWS Section 3.1.

Period of Performance: 09/01/2028 - 08/31/2029

NTE - Not to Exceed

PERFORMANCE WORK STATEMENT (PWS)

U.S. Department of Commerce National Oceanic & Atmospheric Administration Northeast Fisheries Science Center

SUMMARY

Title of Project: Northeast and Mid-Atlantic Study Fleet Services for Cooperative Research Branch

1.0 GENERAL

The goal of this work is to electronically collect detailed information about commercial fisheries catch, discards, fishing effort, and the environment from individual gear hauls to answer research questions related to fisheries dynamics in the Northeast region. Collection of detailed commercial fisheries data is necessary to fulfill the statutory requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). By collecting this high resolution spatial and temporal fishery dependent data we are improving the data available to advance understanding of population, ecosystem, and fishery dynamics in the Northeast region. This improved understanding helps the Northeast Fisheries Science Center produce accurate stock and ecosystem assessments and inform fisheries and ocean use management, which is essential to achieve the standards laid out in the Magnuson Stevens Act.

1.1 BACKGROUND

The mission of the Northeast Fisheries Science Center (NEFSC) is to provide the scientific information necessary for productive, sustainable, and healthy marine ecosystems and coastal communities in the Northeast region. This requires robust data on the resource species, fisheries, and ecosystems in the Northeast region. The mission of the Cooperative Research Branch (CRB) is to conduct research in collaboration with the fishing community to improve understanding of ocean ecosystems, support sustainable fisheries management, and build trust and understanding among stakeholders.

This acquisition supports the mission of both the Northeast Fisheries Science Center and the Cooperative Research Branch by engaging commercial fishing vessels in collecting high resolution catch, effort and environmental data to advance understanding of the region’s marine and coastal ecosystems and to inform sustainable fisheries management. This acquisition seeks to recruit contracted fishing vessels to participate in the Study Fleet Program to expand the value of the Study Fleet data to stock and ecosystem assessments. The Study Fleet program was developed in 2007 to collect the high-resolution fishery dependent data necessary to support the Northeast Fisheries Science Center’s research enterprise. The high spatial and temporal resolution of the data collected by Study Fleet vessels provide insight into fishing behavior and ecological dynamics that is not available through regulatory reporting.

The 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. Fishermen use the system to record detailed fishing effort metrics, catch composition biological samples, and environmental datain support of fisheries science. Commercial fishing vessels participating in longfin squid, shortfin squid, mackerel, butterfish, scup, black sea bass, summer flounder, whiting, and haddock 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.

The Study Fleet data are used to develop standardized catch-per-unit-effort (CPUE) indices for species such as American plaice, haddock, and black sea bass, and shortfin squid and to explore environmental drivers of shortfin squid and Atlantic mackerel, and to assess the economic impacts of offshore wind energy development on longfin squid fishing operations. To advance and expand applications of Study Fleet data in support of the NEFSC mission, greater vessel participation in and higher data density from Study Fleet are required. Achieving expanded participation in the Study Fleet program to meet data needs of the NEFSC and CRB is the focus of this acquisition.

1.2 OBJECTIVE

This is a requirement for vessel support for the Northeast Cooperative Research Branch Study Fleet program in Northeast and Mid-Atlantic Fisheries to assist in collecting high resolution catch, effort, and environmental data to address science and management needs for longfin squid, shortfin squid, mackerel, butterfish, scup, black sea bass, summer flounder, whiting, and haddock fisheries. These fisheries have been identified as our priority for the collection of long-term, tow-by-tow data using the Fisheries Logbook Data Recording software, automated oceanographic sensors, and real-time data transmission. The current research focuses on enhanced ecosystem monitoring through the use of modern technologies, production of precise fishing footprints, tracking the use of more selective fishing gears and practices, and linking oceanographic and socioeconomic factors to fishery models.

1.3 SCOPE

The Contractor shall collect and transmit tow-by-tow fishing effort and catch data using the NEFSC FLDRS electronic logbook system (Appendix I). The Contractor shall support the development and use of oceanographic data collection systems and real-time data transmission systems, as well as the testing of new hardware, software, and data collection protocols. Whole fish samples may be required for specific projects and during specific periods of time during the contract year, and the Contractor will be compensated as described in Section 4.0.

The Government may require the Contractor to collect biological and other relevant scientific information on species requested by the NEFSC as described in Section 5.0. The Government may require the Contractor to travel to participate in Cooperative Research meetings for a partial day (described in Section 6.0) or multiple days (described in Section 6.0), to discuss Study Fleet program results and future work. The Government may require the Contractor to purchase materials to support routine performance requirements or special projects described in Section 6.0. 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 requested as described in Section 6.2.

1.4 PLACE OF PERFORMANCE

The place of performance is aboard commercial fishing vessels operating in the continental shelf from Maine to North Carolina.

2.0. SPECIFIC REQUIREMENTS

2.1. 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.

https://www.dco.uscg.mil/Portals/9/Fed_Regs.pdf 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.

2.2. Stability

The Contractor’s 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.

2.3. 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 dry-docking survey, or underwater survey in lieu of dry-docking, 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.

2.4. Regulatory Compliance

The Contractor’s 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. The Contractor’s vessel shall not have any current operator or vessel permit sanctions.

2.5. 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.

3.0. QUARTERLY PERFORMANCE REQUIREMENTS-CLIN 0001, 0005, 0006, 0007, 0008

3.1. 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 3.2 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 data collection 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 vessel staffing does not negatively affect the performance of the requirements under the contract, including data quality.

3.2. 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 that can optionally be wired into the vessel’s depth sounder to automate filling required data fields. A secondary GPS unit will 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. At this time only Skymate is compatible with FLDRS data submission.

The Contractor shall have fully functional data collection equipment within the first quarter of contract award as described in section 14.1 and attachment C. The minimum requirements for Study Fleet data collection using FLDRS software are:

1. Dedicated Laptop Computer with the following minimum specifications:

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

b. Processor: Intel Core Series or AMD Ryzen Series (2020 or later)

c. Hard drive:. 256 GB SSD

d. Memory: 8 GB

e. USB 3.0 A ports: Min of 3 ports + (Powered hubs acceptable)

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 the Study Fleet data collection system.

3. Battery Backup/Surge Protection.

4. 4-port RS 232 serial to USB Converter or a single serial-to-USB converter for each required data feed (up to 2).

5. Starlink, or hotspot cellular data connection or dockside connection is highly recommended (not required but will allow for data submission via internet).

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

3.3. Contractor Attendance at Government Provided Training

At the direction of the Contracting Officer Representative (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 a mutually agreed-upon schedule at the direction of the COR.

3.4. 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 to install and maintain 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 a mutually agreed upon schedule. Regular check-up meetings at the vessel will occur throughout the contract period.

3.5. Electronic Logbook and Oceanographic Data Reporting

The Contractor shall providetow-by-tow catch and effort data, temperature and depth data, and dynamic data elements such as gear parameters when applicable.. This data shall be submitted to the NEFSC Cooperative Research Branch.

Vessel operators shall use collect this data 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.

3.6. Reporting and Performance Periods

It is understood that seasonal area or fishery closures and vessel maintenance 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 reduction in scope and closeout of the contract through a bilateral modification. Failure to report catch accurately, including by not limited to failure to report discards will result in deductions to contract payment for that quarter. Repeated failure to report discards during the contract period may be considered grounds for termination of the contract.

3.7. 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.

3.8. 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.

3.9. Contractor Support of NEFSC Staff on Vessel Deployment

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

a. Conduct independent verification of catch and effort estimates;

b. Test software and hardware modifications, and

c. Collect additional data (such a length frequencies) from commercial catch.

Within each contract year, the Contractor shall support 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 staff in scheduling staff deployments at mutually agreeable times.

4.0. OPTIONAL ITEM: DELIVERY OF WHOLE FISH SAMPLES – CLIN 0002

4.1. General Description

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 4.2.

4.2. Contractor Special Packing, Marking and Delivery Requirements 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.

4.3. Vessel Trip Report Application

Contractors responsible for VTR reporting shall 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).

4.4. 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 Appendix II.

Average regional pricing for common species). Fish delivered under EFP requirements must be reported according to the requirements in the EFP.

5.0. OPTIONAL ITEM: COLLECTION OF BIOLOGICAL INFORMATION AND OTHER RELEVANT SCIENTIFIC

INFORMATION – CLIN 0003

5.1. General Description

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.

5.2. Contractor Special Packing, Marking and Delivery Requirements The Contractor is required to use the FLDRS electronic logbook during the selected trips, and record and deliver the data in the format provided by the NEFSC.

6.0. OPTIONAL ITEM: OTHER DIRECT COSTS-EQUIPMENT OR MATERIALS and TRAVEL – CLIN 0004

6.1. General Description

The Government may request the Contractor to participate in local meetings to discuss Study Fleet program results and futurework. These meetings will be within a local range and for duration of less than five (5) hours (Generally 2-3 hours), with no more than two meetings per year.

The Government may require the Contractor to travel to participate in Cooperative Research meetings to discuss Cooperative Research program results and future work. Meetings may consist of annual Cooperative Research meetings, Fishery Management Plan Working Group Meetings, or may be in conjunction with Fishery Management Council meetings.

The Government may require the Contractor to purchase material, computer/software to support routine performance requirements or special projects.

6.2 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.

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 associations of resource species.

b. Specialized testing of data collection software for fixed gear fisheries.

c. Specialized research on the oceanographic drivers of resource species.

d. Specialized sampling of catch to assess conversion factors.

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.

7.0 PERFORMANCE MEASUREMENT AND PAYMENT

7.1 Data Quality Standards

Performance Factor 1 (Table 1) must be achieved by the end of the first contract quarter. Performance factors 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

Required Task Desired Outcome Performance

Standard Acceptable Quality Level

Monitoring Method

Incentive/ Disincentive

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

All required information technology and equipment purchased and installed and software training complete.

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

All required information technology and equipment purchased and installed and software training complete

First quarter check-in with Study Fleet technician to determine if Contractor has met the requirement

Contractor payment will be reduced by 50% for each quarter of non-compliance

Collect tow-by-two commercial fishing datausing FLDRS during commercial fishing activities without exceeding 30 days of noncommercial fishing or data collection

Collect tow-by-tow effort and catch data on every commercial fishing trip using

FLDRS

Do not exceed a period of 30 days without tow-by-tow commercial fishing data.

Do not exceed a period of 30 days without tow-by-tow commercial fishing data

Quarterly Automated data audit checking for 30 consecutive days of no data collection.

Quarterly payment will be reduced by 33.33% for every period exceeding 30 days without collection of tow-by tow commercial fishing data using

FLDRS

Collect complete tow-by-tow commercial fishing catch data including all retained and discarded catch

Collection of tow-by-tow data on retained and discarded catch on every commercial fishing trip using FLDRS is complete.

Completeness of tow-by-two commercial fishing catch data including all catch and discarded species.

Ensure completeness of tow-by-tow commercial fishing data including all catch and discarded species

Quarterly Automated data audit checking completeness of tow-by-tow catch data.

Quarterly payment will be reduced by 20% if tow-by-two catch data collection is incomplete.

7.2 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) and Table 1 in the above numbered section, 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.

7.3 Performance Incentives and Disincentives

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

a. Reduced quarter payment of 50% for every quarter the Contractor does not acquire necessary information technology and equipment, and participate in software training.

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

c. Reduced quarterly payment by 20% for every quarter the Contractor tow-by-tow catch data is incomplete (i.e. no discarded catch reported)

Repeated performance at Reduced Payment 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.

8.0 Additional Contract Requirements

8.1 INVOICING FOR WHOLE FISH SAMPLES, COLLECTION OF BIOLOGICAL INFORMATION, ODCS-E.G.

EQUIPMENT, AND TRAVEL

Upon receipt of a supported, valid, and properly invoiced costs incurred for whole fish samples, collection of biological information, ODCs-e.g. equipment, and travel reference clause FAR 52.212-4 (Alt

1) (i)(1)(ii)(D)(i) Other Direct Costs. The contract does not allow payment to be made to anyone other than the contract award recipient, or to the assignees of all payments due under this contract.

Invoices for Optional Items must provide a copy of the invoice from the service provider identifying the charges. Costs incurred for Optional Items as described in the Price Schedule will be reimbursed for actual costs in accordance with the Federal Travel Regulations, reference clause “52.212-4(Alt 1) (i) Payments”.

8.2 WHOLE FISH SAMPLES, COLLECTION OF BIOLOGICAL INFORMATION, ODCS - E.G. EQUIPMENT, AND

TRAVEL REIMBURSEMENT COSTS

Actual costs incurred for purchase of whole fish samples, collection of biological information, ODCs - e.g.

equipment, and travel during the Fleet Study will be reimbursed under contract line items for WHOLE FISH SAMPLES, COLLECTION OF BIOLOGICAL INFORMATION, ODCS-E.G. EQUIPMENT, AND TRAVEL (See Price Schedule) and in accordance with clause titled INVOICING FOR WHOLE FISH SAMPLES, COLLECTION OF BIOLOGICAL INFORMATION, ODCS-E.G. EQUIPMENT, AND TRAVEL, clause titled, FAR 52.212-4 (Alt 1) (I Payment) and NAM 1330-52.242.70 SUBMITTAL OF INVOICES. All reimbursable expenses must be invoiced with a copy of the receipt for the item attached to the invoice to the Government. Payment may only be made to the Contractor of the vessel charter.

APPENDICES

Appendix I. Fisheries Logbook Data Recording Software (FLDRS)

When the Study Fleet Program was initiated in 2006, an electronic logbook system, now FLDRS, was developed to record high resolution tow-by-tow, commercial fisheries data by Study Fleet participants.

The software collects self-reported data on fishing effort, area fished, gear characteristics, catch, and biological observations. The software can capture data at tow-by-towand subtrip levels. FLDRS is also integrated with the vessel's GPS, VMS, and depth sounder feeds. The main goal is to enable fishermen to collect accuratedata on where and how many fish are caught, how much effort was expended as well as share their knowledge and at-sea observations on associated catch and effort. The software is maintained by the NEFSC Fishery Monitoring and Research Division’s Data Information Systems Branch.

In particular, enhancements for use by fixed gear fleets are necessary to capture data consistent with observer protocols and to better adapt the system to operating practices on smaller coastal vessels.

Appendix II. Average regional pricing for common species as of April 26, 2022.

FISH TYPE QTY COST

Atlantic Cod 1 lb $3.35

Winter Flounder 1 lb $3.00

Summer Flounder 1 lb $4.50

Yellowtail Flounder 1 lb $2.50

Haddock 1 lb $3.00

Monkfish 1 lb $3.00

Tilefish 1 lb $4.50

Skates 1 lb $1.00

Atlantic Herring 1 lb $0.75

Atlantic Mackerel 1 lb $1.00

Black Sea Bass 1 lb $5.00

Butterfish 1 lb $1.75

Halibut 1 lb $9.00

Illex Squid 1 lb $1.75

Lobster 1 lb $6.25

Loligo Squid 1 lb $2.00

Ocean Perch (Redfish) 1 lb $1.75

Pollock 1 lb $1.75

Scup 1 lb $1.00

Sea Scallop (Cut) 1 lb $13.50

Silver Hake 1 lb $1.50

Spiny Dogfish 1 lb $1.00

Other Species 1 lb $2.00

Exempted Fish Permit (EFP) Fish up to 50 lbs 1 Lot $50.00

Exempted Fish Permit (EFP) Fish above 50 lbs 1 lb $1.00

Atlantic Cusk 1 lb $2.00

9.0. ATTACHMENTS

Attachment A - Data Waiver Form (to be completed and submitted with quote) Attachment B - Non-Disclosure Form for Use of Government Network Systems (to be completed and submitted with quote) Attachment C - Contractor Information Template (to be completed and submitted with quote) Attachment D - Quick Start Guide for Entities Interested in Being Eligible for Government Contracts

Attachment

Number Title Date

A ATTACHMENT A - Data Waiver Form 07/09/2024

B ATTACHMENT B - Nondisclosure Agreement and Statement of Financial Interest 07/09/2024

C ATTACHMENT C - Study Fleet Contractor Information Template 07/09/2024

D ATTACHMENT D - Quick Start Guide for Entities Interested in Being Eligible for Government Contracts 07/09/2024

Section 4 - Contract Terms and Conditions

FAR 52.204-13 System for Award Management Maintenance. (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

CAR 1352.209-72 Restrictions against disclosure. (APR 2010)

CAR 1352.209-73 Compliance with the laws. (APR 2010)

CAR 1352.209-74 Organizational conflict of interest. (APR 2010)

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

Standard Language Addendum to 52.212-4

This section contains additional applicable FAR, CAR, and NOAA Acquisition Manual contract language.

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023) - Alternate I (NOV 2021)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. Not Applicable

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

As used in this clause-

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: Not Applicable; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(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) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: CLIN(s) 0002, 0003 and 0004

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all…