Combine Solicitation – Advancing Coral Reef Fish Assessments in Guam

Notice Type: Combine Solicitation

Posted Date: 09-MAY-14

Office Address: Department of Commerce; National Oceanic and Atmospheric Administration (NOAA); PIFSC; 1845 Wasp Boulevard, Building 176 Honolulu HI 96818

Subject: Advancing Coral Reef Fish Assessments in Guam

Classification Code: R - Professional, administrative, and management support services

Solicitation Number: WE-133F-14-RQ-0436

Contact: , Phone (808) 725-5356, Fax (808) 725-5474, Email [email protected]

Setaside: Total Small BusinessTotal Small Business

Description: Department of Commerce

National Oceanic and Atmospheric Administration (NOAA)

PIFSC

(i) 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. (ii) The solicitation number for this procurement is WE-133F-14-RQ-0436 and is hereby issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-73 dated April 29, 2014.

(iv) This procurement is 100% set-aside for small business concerns. The associated NAICS code is 541990 with a corresponding small business size standard of $14.0 million.

(v) Contract Line Item Numbers

See the Standard Form 18 which is included as a separate attachment on FBO.

(vi) Description of Requirements

BACKGROUND AND JUSTIFICATION:

A series of stock assessment workshops were convened in 2004 to assess current bottomfish and coral reef fish assessment methodologies in the Pacific Islands Region (PIR). At the workshops, current sources of data and the state of available data and monitoring programs were reviewed; weaknesses in current assessment methods were delineated; alternative modeling and assessment methodologies were reviewed and identified; and proposed courses of action to advance stock assessment methods and associated data collection were outlined. While there was consistency among many of the recommendations stemming from the workshops, the reevaluation of bottomfish and coral reef fish life history parameters and evaluation of spatial connectivity of isolated populations were identified as high priorities. More recently, Ecosystem Science and Management Planning Workshops held in April 2005 and November 2010, as well as meetings of the Western Pacific Regional Fishery Management Council in 2011 and 2012 re-emphasized the need to update life history parameters and assess spatial connectivity for most commercially important bottomfish and coral reef fish species in the PIR. The need to implement design-based year-round biosampling programs in the Pacific Island Territories to collect (1) hard parts for age determination, (2) gonad samples to assess size-at-maturity, and (3) length-weight data across the full spectrum of sizes was emphasized. While biosampling of commercially important species was recently implemented in Guam, data are collected at a single fish auction and are not representative of the full size spectrum for most species. Additionally, current sample sizes are insufficient to allow for estimation of growth and reproductive parameters.

The NMFS Pacific Islands Fisheries Science Center (PIFSC) seeks to (1) contract 2 fishermen for up to 8 days per quarter to conduct biosampling for bottomfish and coral reef fish in waters around Guam using local fishing vessels, and (2) network with local fishermen and industry to expand fishery dependent biosampling of coral reef fish and bottomfish at major landing ports and/or auctions throughout Guam.

ACTIVITIES AND METHODOLOGIES:

To meet the objectives outlined above, staff at the PIFSC and University of Hawaii, as well as the local fishing industry, will communicate regularly to ensure completion of the following activity related tasks.

Activity 1: Following established protocols (survey design and data collection), conduct in situ biosampling for bottomfish and coral reef fish in waters around Guam. Specific tasks include:

* Contract local fishing vessels to conduct fishing operations for 4 days each quarter year at selected sites in waters around Guam. Contracted captains will furnish the necessary personnel, equipment, and services (including all fishing gear, bait and insurance for the vessel and the ship's personnel) to perform the specified tasks. Vessel captains will contract at-sea technicians (scientific personnel) to collect scientific data using established sampling protocols while at sea. The captains of contracted vessels must have sufficient experience fishing for bottomfish and coral reef fish in waters surrounding Guam. This expertise will be critical in developing the sampling design. Vessels must be capable of housing 1-2 scientific personnel and crew for the duration of the fishing trip (generally daily). * Coordinate workshops with contracted vessels and at-sea technicians to discuss program goals and objectives, scientific protocols, and responsibilities. * Procure necessary gear, equipment, and supplies for contracted vessel. * Maintain communication with contracted vessels to provide support as needed throughout the project. * Contract at-sea technicians to conduct sampling on each fishing vessel. * Provide necessary data forms and equipment to at-sea technicians as required. * At-sea-technicians will conduct QA/QC procedures on collected data and submit all data to PIFSC. * Meet quarterly with participants via tele-conferencing to discuss progress of work and complete quarterly progress reports.

Activity 2: Expand fishery dependent sampling of bottomfish and coral reef fish at major landing ports and/or auctions throughout Guam. Specific tasks include:

* With input from local fishers, identify a network of fishery landing ports in Guam to conduct length and weight sampling, as well as biological samples. Develop and implement sampling protocols to collect length and weight data, and biological samples, and contract port samplers (local fisherman) to collect these data. * Develop and implement sampling protocols to conduct length-weight sampling and collect biological samples (hard parts and ovaries). * Facilitate retrieval of data/samples from fishing ports or auctions. * Contract and train port samplers (local fisherman) to collect requisite data. * Submit data to PIFSC, meet quarterly with participants via tele-conferencing to discuss progress and complete quarterly reports.

REPORTS a. Progress Reports

Progress reports will be submitted within fifteen (30) days of the completion of every quarter by the contractor during the period of performance. The report will outline the work completed during the period of performance, including sampling locations, number of samples and identification numbers and all raw data sheets. The report will also include any additional information-including findings and recommendations-that may assist the Government in evaluating progress under this contract. Payment will not be processed until the progress report is submitted to the Government and validated for accuracy.

b. Final Report

Three (3) copies of the final report will be submitted by the contractor within thirty (30) days upon completion of the performance period. The report should also include a brief summary, including short statements on the project's objectives, scope, methodology, information obtained, and conclusions. The report must conform to the requirements of the contract, and include all necessary data, maps and exhibits to support findings and recommendations.

LINKAGE TO MSRA SECTION 318 PRIORITY AREA(S)

1. Collecting data to improve, supplement, or enhance stock assessments, including the use of fishing vessels or acoustic or other marine technology (Section 318(c)(i)). Activities 1-3: The collection, processing and analysis of bottomfish and reef fish biological samples, and collaboratively working with local fishers to obtain research results will advance life history information and enhance stock assessments in Guam.

2. Identifying habitat areas of particular concern as well as conducting projects relevant to the conservation of habitat (Section 318(c)(iv)). Activity 1: Information on sampling location will be collected as part of the survey and linking this with available habitat maps provides insight into habitat requirements and associations.

NATIONAL APPLICABILITY/IMPLEMENTATION THAT CUTS ACROSS MULTIPLE REGIONS

The US Territories of the CNMI, Guam, and American Samoa share common ties between the community and reef fishing methods and types of fisheries. The estimation of life history parameters in Guam can be used in as input parameters in similar assessments conducted in CNMI and American Samoa.

(vii) Date(s) and Place(s) of Delivery and Acceptance/FOB Point. The purchase order period of performance shall begin on the date of purchase order award or June 15, 2014 (whichever is later) through June 14, 2015.

Place of Delivery: NOAA/NMFS/PIFSC 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818

All deliveries shall be FOB Destination.

All Federal Acquisition Regulation (FAR) clauses listed below are available for download at https://acquisition.gov/far/

(vii) A statement that the provision at 52.212-1, Instructions to Offerors-Commercial Items (APR 2014) applies to this acquisition.

(viii) 52.212-2, Evaluation-Commercial Items (JAN 1999) applies to this acquisition as follows: (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. The following factors shall be used to evaluate offers: Factor A -- APPROACH AND CAPABILITIES - Offerors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of operations identified in the solicitation.

Factor B -- PAST PERFORMANCE -- Performance by the quoter and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available. Factor C -- PRICE Technical and past performance, when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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.

The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government.

Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government.

(ix) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (NOV 2013), with its quote. (x) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (SEPT 2013), applies to this acquisition. (xi) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2015) applies to this acquisition. The following clauses under subparagraph (b) apply: (4), (8), (10), (14), (25), (28), (30), (31), (32), (33), (34), (40), (44) and (50). The following clauses under subparagraph (c) apply: None. (xii) The following additional clauses are also applicable to this acquisition: Department of Commerce Clauses: 1352.201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. The following additional terms and conditions apply: 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov/far/ ASSURANCE BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2012)

(1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that-

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability.

(xiii) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

The following provisions apply:

1352.232-70 AGENCY PROTESTS (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 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries Service Pacific Islands Fisheries Science Center 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818.

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

U.S. Department of Commerce Office of Assistant General Counsel for Finance and Litigation Contract Law Division Herbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882 Washington DC 20230 FAX: (202) 482-5858

(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 Building14th Street and Constitution Avenue, NW Washington, DC 20230. FAX: (202) 482-5858

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 Building14th Street and Constitution Avenue, NW. Washington, DC 20230 FAX: (202) 482-5858

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2012)

(1) In accordance with Sections 543 and 544 of Public Law 112-55 Commerce, Justice, Science, and Related Agencies Appropriations Act 2012, Title V (General Provisions) none of the funds made available by that Act may be used to enter into a contract with any corporation that--

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer--

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability.

(xiii) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xiv) Quotes are required to be received in the contracting office no later than 10:00 a.m. Hawaii-Aleutian Standard Time (HAST) on May 27, 2014.

All quotes must be emailed to the attention of Stephanie.M.Garnett, Contracting Officer at: [email protected].

To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements. All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220. In order to be eligible to receive an award from this acquisition office, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm. (xv) All questions pertaining to this requirement shall be submitted in writing to the attention of Contract Specialist listed above.

Link/URL: https://www.fbo.gov/spg/DOC/NOAA/WRAD/WE-133F-14-RQ-0436 /listing.html