PRESOL | B | TROPICAL PURSE SEINE TUNA FISHERIES

FBO DAILY ISSUE OF AUGUST 19, 2009 FBO #2825
SOLICITATION NOTICE

B -- TROPICAL PURSE SEINE TUNA FISHERIES

Notice Date: 8/17/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 541618 — Other Management Consulting Services
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), NOAA/National Marine Fisheries Service, James J. Howard Marine Sciences Lab, 74 Magruder Road, Highlands, New Jersey, 07732, United States
ZIP Code: 07732
Solicitation Number: SWFSC-120
Archive Date: 9/23/2009
Point of Contact: pamela.g.jones, Phone: 8585467009
E-Mail Address: pamela.g.jones@noaa.gov
(pamela.g.jones@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: Estimate Fishing Capacity in the Global Purse Seine Tuna Fisheries ACTION: P -- PRESOLICITATION NOTICE FSC CODE: B507 NAICS CODE: 541618 THE PROPOSED CONTRACT ACTION IS FOR SUPPLIES OR SERVICES FOR WHICH THE GOVERNMENT INTENDS TO SOLICIT AND NEGOTIATE WITH ONE SOURCE DR. KIRKELY UNDER THE AUTHORITY OF FAR 6.302. INTERESTED PERSONS MAY IDENTIFY THEIR INTEREST AND CAPABILITY TO RESPOND TO THE REQUIREMENTS OR SUBMIT PROPOSALS. THIS NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE PROPOSAL, HOWEVER, ALL PROPOSALS RECEIVED WITHIN 15 DAYS AFTER DATE OF PUBLICATION OF THIS SYNOPSIS WILL BE CONSIDERED BY THE GOVERNMENT. THIS IS A SIMPLIFED ACQUISITION. THE (NMFS) ACQUISITION DIVISION REQUIRES THAT ALL CONTRACTORS DOING BUSINESS WITH THIS ACQUISITION OFFICE BE REGISTERED WITH THE CENTRAL CONTRACTOR REGISTRATION (CCF) AS OF OCTOBER 1, 2003. AFTER THIS DATE, NO AWARD CAN BE MADE UNLESS THE VENDOR IS REGISTERED IN CCR. FOR ADDITIONAL INFORMATION AND TO REGISTER IN CCR PLEASE ACCESS THE FOLLOWING WEB SITE: HTTP://WWW.CCR.GOV. IN ORDER TO REGISTER WITH THE CCR AND TO BE ELIGBLE TO RECEIVE AN AWARD FROM THIS ACQUISITION OFFICE, ALL OFFERORS MUST HAVE A DUN & BRASTREET NUMBER. A DUNS & BRADSTREET NUMBER MAY BE ACQUIRED BY CONTRACTING DUN & BRADSTREET ON-LINE AT WWW.DNB.COM/EUPDATE OR BY PHONE AT (800) 333-0505. ALL CONTRACTORS ARE REQUIRED TO COMPLETE ON-LINE REPRESENTATION AND CERTIFICATION AT HTTP://ORCA.BPN.GOV. Since 1995, following the passage of the Code of Conduct for Responsible Fisheries by member nations of the Food and Agriculture Organization of the United Nations, the international community has been concerned with estimating fishing capacity for all member nations. Since 2003, there has been an increasing effort to estimate and assess capacity in the Pacific purse seine fisheries. This is necessary to better understand the nature of capacity in all fisheries, as well as contributing to future management and regulatory regimes to control excess capacity in fisheries. Statement of Work (Performance Measure): Estimate fishing capacity in the tuna purse seine fisheries of the Atlantic, Indian, Eastern Pacific, and Western and Central Pacific Oceans. The project will use confidential vessel-level data from the Inter-American Tropical Tuna Commission for the Eastern Pacific Ocean, from the Secretariat of the Pacific Community for the Western and Central Pacific Ocean, and either vessel-level or aggregate data from ICCAT and IOTC or other suitable sources for the Atlantic and Indian Oceans. The study can be viewed as an update of Reid, C., J. Kirkley, D. Squires, J. Ye. 2005. An Analysis of the Fishing Capacity of the Global Tuna Purse Seine Fleet. In Management Of Tuna Fishing Capacity: Conservation And Socio Economis 2: 117-156. Rome: Food and Agriculture Organization of the United Nations, but updated with the most recent advances in the estimation of capacity. Assessing capacity in fisheries has become a global concern of governments and national fishery management agencies. In 1995, the Food and Agriculture Organization (FAO) ofthe United Nations, in collaboration with the National Marine Fisheries Service, initiated a global program to assess fishing capacity in all fisheries of the world. Unfortunately, at that time, concepts and methods for defining and assessing capacity were either inadequate or extremely limited. Kirkley and Squires (1998) presented the first comprehensive overview of capacity and presented "state-of-the-art" methods for assessing capacity. These concepts and methods were adopted by FAO, NMFS, and member nations of FAO. The proposed contractor, Professor James E. Kirkley, in collaboration with Dale Squires of NOAA Fisheries provided the first comprehensive assessment of capacity in fisheries. Since that work of 1998, Professor Kirkley has helped NMFS assess capacity in all fisheries of the United States, and produced a report for the agency to submit to Congress of reducing overcapacity in U.S. fisheries. In 2006, Professor Kirkley worked with NMFS on a further assessment and update of capacity in U.S. fisheries. In 2005, Kirkley, after working closely with F AO and ICCA T, Dale Squires and Chris Reid, conducted the first and only assessment of capacity in the Atlantic and Indian Ocean tuna fisheries. This latter assessment required hard to obtain access data and specialized knowledge of the fishery in order to estimated capacity. Professor Kirkley has more than 25 years devoted to understanding fisheries on a global basis and estimating capacity in fisheries. In 2007 and 08, Professor Kirkley, under contract to NMFS-Hawaiian regional office, conducted the first assessment of capacity of tuna and other pelagic fisheries for 41 nations operating in the South Pacific. Professor Kirkley, because of previous work, was able to obtain extremely hard to obtain data necessary to conduct the assessment. The previous assessments, however, were based on one approach-an output orientation of data envelopment analysis in which outputs are radially scaled. In the past two years, Professor Kirkley has conducted extensive research on alternative approaches to address various types of problems related to assessing capacity. First, a free disposal hull approach in which capacity is benchmarked against only one operating vessel most closely resembling the vessel activity being assessed. An alternative approach based on additivity in which capacity is projected by adding different levels of output to each observed output level has been developed to estimate capacity. A new bootstrap technique has also been developed, which addresses a criticism of conventional data envelopment analysis--stochasticity; Kirkely has developed an algorithm for bootstrapping based on smoothed kernels. Kirkley has prepared special algorithms to consider a wide array of new approaches for assessing capacity. To a large extent, other individuals could assess capacity in the purse seine fishery. Most likely, however, they would contract with Professor Kirkley. If not, they would require extensive time to access the data; develop the methods, and conduct the estimation and assessment of capacity. Professor Kirkley has developed specialized algorithms for estimating different concepts of capacity and methods for detecting influential observations, which result in over-estimating Last, Professor Kirkley has worked with F AO, member nations, and NMFS on numerous projects requiring the assessment of fishing capacity. Previous assessments of fishing capacity were based on one approach-an output orientation of data envelopment analysis in which outputs are radially scaled. In the past two years, Professor Kirkley has conducted extensive research on alternative approaches to address various types of problems related to assessing capacity. First, a free disposal hull approach in which capacity is benchmarked against only one operating vessel most closely resembling the vessel activity being assessed. An alternative approach based on additivity in which capacity is projected by adding different levels of output to each observed output level has been developed to estimate capacity. A new bootstrap technique has also been developed, which addresses a criticism of conventional data envelopment analysis--stochasticity; Kirkely has developed an algorithm for bootstrapping based on smoothed kernels. Kirkley has prepared special algorithms to consider a wide array of new approaches for assessing capacity. No other sources/companies, etc. were researched because of the customized and unique nature of this project. Kirkley was one ofthe two originators of the concept and methods of estimation (along with the contractor), has more experience estimating fishing capacity in global tuna fisheries (along with contractor), and has developed proprietary algorithms for estimation of more advanced procedures. Dr. Kirkley was one of two originator of the concept and measurement of fishing capacity during the 1998 FAO Plan of Action on Fishing Capacity (along with Dale Squires). Dr. Kirkley has become the world's expert on this topic in general and in tuna fisheries and has published extensively. Other contractors would require extensive time to access the data if they could even access the confidential data from the Inter-American Tropical Tuna Commission and the capacity. Secretariat for the Pacific Community; develop the methods, and conduct the estimation and assessment of capacity. Professor Kirkley has developed specialized algorithms for estimating different concepts of capacity and methods for detecting influential observations, which result in over-estimating capacity. Last, Professor Kirkley has worked with F AO, member nations, and NMFS on numerous projects requiring the assessment of fishing capacity. The actual consulting rate after travel is below market standards of$300 per hour even assuming that another contractor would be well known and trusted enough to receive the confidential data. (In the Western and Central Pacific Ocean, data approval must be sought from each nation submitting data.) PURCHASE ORDER CLAUSES 52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (SEPT 2006) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). (iv) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (v) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Sept 2006). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965, As Amended (JULY 2005) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands). (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (ix) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (x) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (MAY 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/index.html (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) 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. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (end of clause) 52.204-7 Central Contractor Registration 52.222-6 Davis-Bacon Act 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination-Debarment 52.222-13 Compliance with Davis-Bacon and Related Act Regulation 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-27 Affirmative Action Compliance Requirements for Construction (applies to contracts over $10,000) 52.225-13 Restrictions on Certain Foreign Purchases 52.228-13 Alternative Payment Protections 52.232-5 Payments Under Fixed Price Construction Contracts 52.236-5 Material and Workmanship 52.236-7 Permits and Responsibilities 52.243-5 Changes and Changed Conditions 52.249-2 Termination for Convenience of the Government (Fixed-Price) Alt. I If the Davis-Bacon Act is applicable, wage determination no. AK080001 dated 09/19/2008 may be obtained at http://www.wdol.gov. If you are unable to access this website, please contact the Contracting Officer to obtain a full text copy of the wage determination. PROVISIONS 52.204-8 Annual Representations and Certifications (Jan 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _561790_ [insert NAICS code]. (2) The small business size standard is __Small business making up to Up To $7,000,000 Annually____ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ____________ _________ _____ _______ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision) 52.222-5 Davis-Bacon Act-Secondary Site of the Work (JULY 2005) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work. (End of provision) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade ________________ ________________ [Contracting Officer shall insert goals] [Contracting Officer shall insert goals] These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is LA JOLLA CA COUNTY OF__ [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the state, county, and city]. (End of provision)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/NMFSJJ/SWFSC-120/listing.html)
Place of Performance: Address: 3333 NORTH TORREY PINES COURT, LA JOLLA, California, 92037, United States; Zip Code: 92037
Record: SN01913687-W 20090819/090817235911-26fd40c94c094267e8da902275a33099 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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B -- TROPICAL PURSE SEINE TUNA FISHERIES