Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JULY 31, 2016 FBO #5364
SOLICITATION NOTICE

B -- Halibut Bycatch Reduction Gear Vessel Charter - Attachment A - Attachment B - Attachment E - Attachment C - Attachment D

Notice Date

7/29/2016
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

483114 — Coastal and Great Lakes Passenger Transportation
 

Contracting Office

Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division - Seattle, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349, United States
 

ZIP Code

98115-6349
 

Solicitation Number

NFFS7100-16-03417
 

Archive Date

8/23/2016
 

Point of Contact

MONA M ASH, Phone: 206-526-4187
 

E-Mail Address

MONA.M.ASH@NOAA.GOV
(MONA.M.ASH@NOAA.GOV)
 

Small Business Set-Aside

Total Small Business
 

Description

52.204-99 52.212-3 52.209-11 Coast Guard Requirements Vessel Information This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is NFFS7100-16-03417 as is issued as a Request for Quote (RFQ. Please submit an RFQ no later than August 8, 2016 at 10am Pacific Time. Responses can be e-mailed to Mona.M.Ash@noaa.gov or mailed to DOC NOAA AFSC, 7600 Sand Point Way NE, Building 4, Seattle, WA 98115. This solicitation document incorporates provisions and clauses that are in affect through Federal Acquisition Circular FAC 2005-89. This acquisition is 100% small business set-aside. The North American Industry Classification System (NACIS) code is 483114. Small business size standard is 500 employees. LINE ITEMS 0001 VESSEL CHARTER FOR DEVELOPMENT AND TESTING OF HALIBUT BYCATCH REDUCTION DEVICES - 4 DAYS $________________/DAY 0002 FUEL - Price shall include daily fuel usage excluding fuel for transit to starting port and from ending port associated with the charter. GAL/DAY________________$______________/DAY Total $_________________ for 4 DAYS DESCRIPTION OF REQUIREMENT The Contractor shall supply the necessary personnel, material, equipment, and facilities (except as otherwise specified) to perform the following the Statement of Work/Specifications. STATEMENT OF WORK/SPECIFICATIONS BACKGROUND: The NOAA Alaska Fisheries Science Center (AFSC), Resource Assessment and Conservation Engineering (RACE) Division requires testing a proof of concept and development of halibut bycatch reduction devices (BRD's) in the Kodiak, Alaska groundfish trawl fleet. Halibut bycatch can shutdown target fisheries in the Kodiak, Alaska trawl fleet leaving target species quota unharvested. This leads to lost revenue for the Kodiak fishing community. Working cooperatively with the Kodiak trawl fleet on the development of halibut BRD's will provide the fleet a way to better maximize their target fish quota and reduce their halibut bycatch. The charter will provide NOAA scientists' access to a trawl vessel with a knowledgeable crew to develop and test such halibut BRD's. OBJECTIVE: The objective of this project to provide NOAA scientists a platform on which to test the development of halibut bycatch reduction devices (BRD's) for groundfish trawls in the Kodiak trawl fleet and gain a better understanding of who to maximize the fleets fish quota. SCOPE OF WORK: 1. The Conservation Engineering (CE) project at the Alaska Fisheries Science Center seeks to charter a commercial trawler out of Kodiak, AK to develop and test halibut BRD's. A vessel and crew, experienced in trawling for groundfish in the Gulf of Alaska, is needed to take two NOAA scientists aboard for 3-4 days to set up rigging for the halibut BRD's and arrange placement of cameras used to monitor the efficacy of these devices. 2. Once the bycatch reduction device rigging and camera placement is complete, the vessel is allowed to catch commercial quantities of fish to test the halibut BRD's. Halibut behavior and escapement around the BRD's will be analyzed from the video collected from the cameras. Any halibut that are caught by the trawl will be sorted out of the codend and measured using a ChuteCam. This part of the project will be conducted under a scientific research permit for collection of fish at no- cost to NOAA. Since there is no cost to NOAA, the vendor can keep or sell the groundfish caught in this portion of the charter with exception to prohibited species. The catch will not be subject to commercial fishery limits on specific proportions of groundfish species retained. PERIOD OF PERFORMANCE: The period of performance for this contract will be August 2016 through November 2016. A pre-cruise meeting will be held in early August to determine charter dates. CONTRACTOR PERFORMANCE REQUIREMENTS: The vessel charter trall shall be conducted with a Scientific Research Permit. All scientific decisions, including fishing, will be made by the NOAA lead scientist, who will consult with the captain. The captain shall direct fishing operations and be responsible for assuring the safety of all vessel operations. The vendor shall provide the vessel, captain, crew, water, food (3 nutritionally balanced meals per day), and berthing for up to two NOAA scientists (male and/or female) for the length of the charter period. The vendor shall provide a groundfish bottom trawl used for commercial trawling off of Kodiak, AK. NOAA Scientists will work with the vendor on design and installation of anti-herding lines and separator panel (halibut BRD's) for their specific net design. All trawling shall be conducted in an area where there is known halibut bycatch around Kodiak Island, AK and selected to target groundfish. Trawling shall be suspended between midnight and 6:00 AM. The deck shall have space near a sorting area with access to the rail or scupper, but clear of all hazards, for NOAA for scientists to set up the ChuteCam for measurement of halibut. All captured halibut shall be provided to NOAA scientists by the crew for examination during the charter for study. NOAA scientists will arrange for all permits necessary for the vendor to retain and sell captured groundfish. No prohibited species (for example, halibut, salmon and crab) will be sold. The sale of the catch is expected to cover all or most vessel costs for using NOAA BRD's as stated in paragraph number 2 under the Scope of Work. Vessel shall provide the following operating requirements: 1. Minimum vessel size for this charter shall be 75 ft. (23 m) length overall (LOA). 2. The vessel shall be completely rigged for trawling including: a stern ramp and gallows or gantry, at least one net reel with capacity for the bottom trawl, two trawl winches with sufficient trawl wire to fish the trawl to a depth of 300 m, and adequate horsepower to tow and retrieve the net at a continuous speed of 3 knots. 3. A clean and flush deck with adequate deck space to deploy all equipment as well as to process the trawl tows shall be provided. 4. Vessel shall have fuel capacity for continuous operations during each cruise leg to prevent time loss to survey operations. 5. Potable water with capacity or ability to replenish without loss to survey operations shall be provided. 6. Vessel shall be capable of fishing during low visibility periods during the day and deck lighting shall be sufficient to carry on fishing and processing operations. 7. Full time 110 VAC electricity shall be provided. The vessel shall be equipped with the following electronic equipment: 1) VHF marine radio for communication 2) GPS Plotter with navigation program 3) VHF and SSB radio 4) Cell phone or satellite phone 5) Radar 6) The vessel shall have a method of communication that will allow for daily checkins; either satellite e-mail or phone is acceptable. The vessel shall provid the following crew/captain requirements: 1. The captain shall have a minimum of five (5) years commercial fishing experience of a comparable-sized fishing vessel in trawl fisheries, including three (3) years of experience in bottom trawl fisheries in the central Gulf of Alaska. 2. A minimum of three crew members (including the captain) are required on board the vessel during the charter. 4. Crew shall be able to handle all operations related to the deployment of each gear type listed above. 5. The captain shall be experienced in the use of modern navigational and fish detecting equipment. The vessel shall provide the following accommodation: 1. Berthing space for up to two scientists, including clean mattresses with fitted covers. 2. A minimum of one head and one shower shall be available to the scientific party. 3. Working and berthing spaces adequately ventilated and free from excessive noise and fumes. 4. Capacity for carrying provisions for up to 7 days at sea for all scientific and crew personnel. 5. For a minimum of 7 days, the vessal shall provide storage to retain all refuse (except food and paper materials) or a means to incinerate this refuse so it is not disposed at sea. Safety Requirements 1. The vessel captain is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. The captain shall adhere at all times to Navigational Rules and Rules of the Road whether it be while operating fishing gear, running, drifting, or when at anchor. He/she shall review safety procedures and equipment with the scientific party at the beginning of each cruise leg 2. The Contractor shall adhere to the safety requirements which include 46 CFR Part 28 (Attachment B). 3. The Contractor shall provide U.S. Coast Guard-approved Arctic-type survival suits for all vessel personnel. All scientific personnel will provide their own suits. Adequate dry, top-side storage for all survival suits shall be provided. 4. The Contractor shall provide U.S. Coast Guard-approved life jackets for all personnel on board. 5. At the time of submission of the proposal, the Contractor shall provide the Stability Letter from the vessel's Stability Report, certified by a licensed naval architect/marine engineer, which describes the vessel's stability characteristics for the intended charter operations. Recent stability or marine survey reports, pictures, drawings, or blueprints should also be included. 6. A Category I 406 MHZ EPIRB (Emergency Position Indicating Radio Beacon) must be affixed to the exterior of the vessel in a manner approved by the Coast Guard. 7. At least one crew member must be formally trained in survival and fire-fighting at a level equivalent to that offered by the North Pacific Fishing Vessel Owner's Assocation. 8. Vessel must pass a U.S. Coast Guard safety examination no earlier than two weeks before the vessels' scheduled departure and the Coast Guard certification must be obtained by the vessel, no less than one week prior to the scheduled departure. 9. All vessels chartered by NOAA must be maintained in a seaworthy condition. All vessels shall possess one or more of the following documents, reflecting the vessel's current configuration, as evidence of the vessel's material condition, structural, and watertight integrity: current vessel classification, SOLAS Safety Construction (SLC) Certificate, Loadline Certificate, or equivalent applicable Classification Society documents; or evidence of drydocking examination, or underwater survey in lieu of drydocking, and an internal structural examination, twice within all previous five-year periods with no more than three years between any two examinations and more frequently if required per USCG regulations relevant to the size, age, and use of the vessel from a recognized marine surveying company certifying the vessel's structural and watertight integrity. 10. Means of escape. Aboard all vessels chartered by NOAA there shall be two identified escape routes from all general areas. At least one of these two means shall be independent of water tight hatches and doors, except for quick acting watertight hatches and doors giving final access to weather decks. 11. Fire protection. All vessels chartered by NOAA shall have in place fully functional fire protection systems and equipment, such as portable and semiportable fire extinguishers, fire pumps, fire mains, fixed gas extinguishing systems, and fire detection and alarm systems in accordance with USCG or SOLAS requirements. 12. All vessels chartered by NOAA shall carry survival craft of aggregate capacity to accommodate at least 100% of the number of persons permitted to be aboard. Survival craft must meet USCG or SOLAS regulations based on vessel size, type, construction, and area of operation. For operations outside the boundary line, survival craft shall be outfitted with SOLAS A pack for ocean service. All survival craft must be stowed so as to float free and inflatable survival craft must automatically inflate in the event the vessel sinks. Each survival craft and stowage arrangement shall meet USCG or SOLAS maintenance, servicing, and certification requirements as evidenced by a current and valid USCG inspection or SOLAS certification. The expiration date of survival craft inspection and certification shall not be exceeded during the charter period. Scientific Personnel 1. The Government field party consists of up to two scientists male and/or female. 2. A Government employee will be designated as Chief Scientist. That person will be responsible for implementation of the Cruise Plan, disposition of catches, and the conduct and performance of Government personnel aboard the vessel. 3. NOAA authorized personnel will provide their own bedding (except clean mattresses with clean fitted covers, which the contractor is required to provide). CLAUSES AND PROVISIONS 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of Provision) 52.212-4 CONTRACTOR TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONTRACTORS (DEC 2013) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010) 52.245-1 GOVERNMENT PROPERTY (APR 2012) (ALT I) (APR 2012) 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010) 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS - REPRESENATION (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition are 483114 and 500 employees. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery. As a minimum, offers must show -- (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) The offer(s) shall submit Attachment A - Vessel Information; Attachment C - FAR 52.212-3 - Offeror Representations and Certifications -- Commercial Items; Attachment D - FAR 52.204-99 - System for Award Management Registration (DEVIATION); and, Attachment E - FAR 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (4) Terms of any express warranty; (5) Price and any discount terms, and fuel burn rate calculation in clause titled (See Special Requirements, "Invoicing for Fuel" Calculation); (6) "Remit to" address, if different than mailing address; and, (7) Acknowledgment of Solicitation Amendments (if any); (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978). (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites-- (i) ASSIST (https://assist.dla.mil/online/start/ ). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 52.212-2 EVALUATION - COMMERCIAL ITEMS (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. (i) Vessel information (Attachment A); and, (ii) price for charter and fuel calculation; (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JUN 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _XX (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). _XX (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _XX (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (55) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.252-5 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Federal Acquisiton Requlation. (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Federal Acquisiton Requlation. (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: DOC NOAA NMFS AFSC ATTN: Mona Ash 7600 Sand Point Way NE, Bldg 4, Rm 2140 Seattle, WA 98115 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: National Oceanic & Atmospheric Administration Acquisition & Grants Office 1305 East West Highway, Suite 6300 Silver Springs, MD 20910 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.228-70 INSURANCE COVERAGE (APR 2010) (a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $-0-. (c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. (d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE (APR 2010) When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor. (End of clause) SPECIAL CONTRACT REQUIREMENTS COAST GUARD INSPECTION NOAA's issuance of approval to proceed with commencement of the charter will depend on the vessel passing a U.S. Coast Guard safety examination. The Coast Guard inspection must be performed earlier than two weeks before the vessels' scheduled departure and the Coast Guard certification must be obtained by the vessel, no less than five (5) days prior to scheduled departure of the charter. In the event that the Contractor does not obtain the Coast Guard inspection, the Government will terminate the contract, and the Contractor may be liable to the Government for excess re-procurement costs. Inspection is required before the commencement of each charter year, unless the Coast Guard has issued a letter of inspection that is valid for the time period of the charter. The Contractor will arrange for the inspection, and any costs associated with bringing the vessel to passing standard shall be borne by the Contractor. A copy of the Coast Guard certification shall be posted on the vessel. (End of clause) CHARTER VESSEL SAFETY The Contractor shall adhere to the safety regulations as set forth in Coast Guard rules effective on September 15, 1991, and as provided for by the Commercial Fishing Industry Vessel Safety Act of 1988 (specifically, 46 CFR Part 28, reference Attachment B) or subsequent additions or revisions. These regulations require that specified vessels be equipped with a variety of safety features and equipment. A Coast Guard inspection of the vessel based on an interagency agreement between NMFS and the Coast Guard or 46 CFR Part 28 will be required prior to performance. In addition to the requirements of 46 CFR Part 28, the Coast Guard inspection will require conformance with standards for lifesaving and firefighting equipment in the Rules for Small Passenger Vessels, which exceed Part 28. Issuance of NOAA's approval to proceed commencement of the charter by the Government is conditioned upon the successful completion of the mandatory Coast Guard inspection under the above clause titled COAST GUARD INSPECTION. Failure of the Contractor to successfully complete the inspection requirements shall be grounds for termination of this contract. Conformance with present regulations for commercial fishing vessels requires that the master or an individual in charge of the vessel ensures that safety drills and instruction are conducted at least once a month (46 CFR 28.270). Safety orientations must be given to each individual on board that has not received the instruction and has not participated in the drills before the vessel can continue to operate. The Contractor shall conduct such safety orientations prior to sailing on each cruise leg. It is recommended that a full drill be completed early in each cruise leg even if less than a month has elapsed since the last drill due to the frequent wholesale exchange of scientific personnel at cruise breaks. Each vessel must also have all required emergency instructions posted (46 CFR 28.265). (End of clause) MECHANICAL BREAKDOWNS OR NON-PERFORMANCE OF VESSEL or CREW The Contractor is responsible for maintaining all Contractor provided equipment and vessels in a safe operating condition during the contract performance. If a mechanical breakdown of the vessel or other Contractor provided equipment occurs that is of 12 or more cumulative hours within a 24 hour period, that begins at 0700 one day and ends at 0659 the following day, the vessel and all other Contractor provided equipment shall be considered to have been off charter for that day and a make-up day shall be required (at the discretion of the COR) at no additional cost to the Government. The vessel and all other Contractor provided equipment shall also be considered to have been off charter if the Captain or crew of the vessel are unable to perform the duties as outlined in the Statement of Work in increments of time that is of 12 or more cumulative hours within a 24 hour period, that begins at 0700 one day and ends at 0659 the following day. The Contractor shall make every reasonable effort to resolve the issue(s) causing the vessel, other Contractor provided equipment, the Captain and/or crew to be out of service and bring them back into service as quickly as possible. Mechanical breakdown periods in excess of three (3) cumulative days shall be grounds for termination of this contract for cause. In the event that a breakdown requires the vessel to return to port for repairs, the vessel will not be considered to be back on charter until the vessel returns to the charter area as determined by the Contracting Officer. (End of clause) INTERNET ACCESS AND VOICE COMMUNICATIONS The Contractor shall provide the scientific party with reasonable access to the internet and voice communications throughout the duration of the charter. A minimum internet connection of 256 Kbps bandwidth is required and preference will be given to those who provide reliable access to bandwidth of 400 Kbps or greater. Internet access shall be provided to the scientific party via wired Ethernet or wireless Wi-Fi protocols. Internet usage by the scientific party will include activities such as web-based email and applications (e.g. NOAA's Google Apps for Government), web browsing, and upload/download of photos for social media and outreach. The scientific party will have no need for high bandwidth consumption activities such as streaming media or video conferencing. Voice communications shall be provided via satellite phone or VOIP. (End of clause) FIREARMS The Government prefers that no firearms be carried on board during the charter, however if the vessel has firearms on board that cannot reasonably be removed prior to the charter, the firearms may stay on board if the Contracting Officer's Technical Representative (COR) gives approval prior to the vessel departure. Any firearms approved for carriage during the charter period, must be kept locked in a secured location under the Captain's control at all times during the charter. (End of clause) POSSESSION OF LIQUOR OR ILLEGAL DRUGS During the charter period, the possession or use of intoxicating liquor and/or illegal drugs by any person is not permitted and may be grounds for termination of this contract by the Government. (End of clause) CONTROL OF PLASTIC DISCHARGES Contractor shall comply with the Marine Plastic Pollution Research and Control Act of 1987, which establishes Federal requirements for controlling plastic discharges from ships. (End of clause) WORKING CONDITIONS FOR GOVERNMENT PERSONNEL The Contractor shall provide safe, efficient working conditions and accommodations to the Government personnel free from violence, threats of violence, harassment (including sexual harassment), intimidation, and other disruptive behavior. The Contractor, its agents, subcontractors, and employees, including the Captain and crew of the vessel shall not harass, assault, oppose, impede, intimidate, threaten, interfere with or make unwelcome advances toward any member of the Government field party. (End of clause) PRESENCE OF FAMILY MEMBERS Unless serving as crew, the spouses or children of crew members or owner(s) may not accompany the vessel during the term of the charter without obtaining written approval in advance from the COR. (End of clause) CATCHES AS A RESULT OF RECREATIONAL FISHING Scientists and vessel crews may engage in recreational fishing from chartered vessels with permission from the vessel's Captain. Recreational fishing must be done in full compliance with the recreational fishing laws and regulations in effect at the fishing locality. Fish and shellfish caught recreationally may be consumed aboard the vessel, or with permission of the Captain, be retained for consumption after the completion of the charter. Recreationally caught fish which is retained should be clearly marked as such, including the license holders name. It is the responsibility of each recreational fisherman to meet all legal and license requirements relative to the capture, landing, and possession of sports caught fish. (End of clause) INVOICING FOR FUEL For fuel reimbursement upon receipt of a supported, valid, and properly invoiced fuel charge, the Government will reimburse the Contractor for those costs in accordance with Contract Clause titled "Fuel Oil". Invoices containing fuel charges must be supported by fuel receipts and vessel fuel consumption log. 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. Fuel consumption/charges (For evaluation purposes only): Estimated average daily fuel consumption shall be based on the number of gallons that the vessel is expected to consume over a 24 hour period when cruising for 7 hours at 9 knots (or most fuel-efficient speed) and stopped during science operations for 17 hours at 0 knots. The total estimated cost will be added to each Offeror's total offered price to arrive at a total estimated price for evaluation purposes. The actual fuel cost for the 4-day charter period shall be provided by the Government at no cost to the Contractor. Invoices for such costs must include a fuel log showing actual consumption, and a copy of the invoice/receipt from the provider. Fuel costs incurred during transit (if any) to/from charter start and stop ports prior to and after the charter periods will not be reimbursed as an actual cost. Sample Calculation (using a sample daily fuel consumption value of 150 gallons): Estimated average daily fuel consumption __150__ gallons times $4.00 per gallon = $600.00 (Estimated cost of fuel per day). Estimated cost of fuel per day ($600.00) times 4 days = $2,400.00 (Total estimated cost of fuel for the charter period). CONTRACTOR'S CALCULATION TO BE INSERTED INTO CLIN 0002 Estimated average daily fuel consumption ______ gallons times $______ per gallon = $______ (Estimated cost of fuel per day). Estimated cost of fuel per day $______ times 4 days = $_______ (Total estimated cost of fuel for the charter period). FUEL OIL Fuel oil for the performance of the 4-day charter will be either provided by the Government, or the Contractor costs for fuel oil will be reimbursed by the Government. A Government representative and a vessel crew member shall together, verify the volume of fuel on board at the beginning of the charter and the end of the charter, in order to ensure the Government provides no more or less fuel than the performance of the charter requires. If the Government owes the Contractor fuel at the end of the charter, the Government may provide to the Contractor either fuel or funds equal to the amount it would cost the Government to provide the fuel. If the Contractor has received more fuel than required for the charter, the Government shall deduct the Government's costs for the excess fuel from the final payment to the Contractor. The Government may choose to order fuel oil through a Government contract when it is available. Fuel required in ports where fuel is not procured through a Government contract shall be purchased by the vessel charter Contractor. Fuel purchased by the Contractor to replace that used for charter operations will be billed to and payable by the vessel charter Contractor who will in turn bill the Government for reimbursement. (Reference clause titled Invoicing for Fuel.) As used herein, fuel oil is defined as diesel oil for propulsion and auxiliary engines. It does not include lube oil, lubricants, hydraulic oil or solvents, but does include gasoline and oil for outboard motors. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance before expiration of the contract. Any award resulting from this RFQ will be issued on Standard Form (SF) 1449, and will contain all clauses required by law, the Federal Acquisition Regulation (FAR), and the Commerce Acquisition Regulation (CAR) as appropriate for the dollar value of the award. Offerors are responsible for submitting quotations and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. Failure to furnish the required information, or reject the terms and conditions of the solicitation an offeror may be excluded from consideration. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. **** All contractors doing business with Government shall be registered with the System for Award Management (SAM). Award will not be made to any contractor that is not registered in SAM. The System for Award Management portal is the single source for vendor data for the federal government. For additional information and to register in SAM, please access the following website: https://www.sam.gov/portal/public/SAM/. In order to register with SAM and to be eligible to receive an award, all offerors must have a Dun and Bradstreet number, which may be acquired free of charge by contacting Dun and Bradstreet on line at http://fedgov.dnb.com/webform or by phone at 1-866-705-5711. The government encourages all contractors to submit their Representations and Certifications on-line at https://www.sam.gov/portal/public/SAM/.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/WASC/NFFS7100-16-03417/listing.html)
 

Place of Performance

Address: Alaskan waters, United States
 

Record

SN04201077-W 20160731/160729234101-2a40bdde78d8ca063153e1522f4d23b8 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |